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Litigation Case Studies

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Litigation Regarding the Rights and Responsibilities of Real Estate Brokers

Couch White is General Counsel to the New York State Association of REALTORS, Inc. and has prevailed in a series of appellate cases regarding the rights and responsibilities of real estate licensees. State appellate precedents include upholding the use of attorney approval clauses in contracts prepared by real estate brokers, the right of listing brokerage firms to represent multiple buyer clients interested in the same property, the permissible independent contractor status of real estate salespersons and the liability of real estate brokers for misconduct by affiliated salespersons. Federal appellate precedents include the unconstitutionality of “non-solicitation orders” issued by the NYS Department of State.

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