Legal Line Question of the Week

Can an Exclusive REBNY Broker insist  that a Co-Broker not accompany  a Purchaser to visit a listing? I represent a purchaser who is interested in seeing an apartment that is  listed with a REBNY Exclusive Broker.  Apparently, the Exclusive Broker  is not allowing me to accompany my purchaser to view the apartment.   Can the Exclusive Broker do this? No.  The Department of State (“DOS”) has consistently stated that  (i) “a seller's broker must always honor the buyer's right to be represented  by his or her own broker,” (ii) “refusal to work with a buyer's agent denies  the buyer the right to the professional services of the broker of his or her  choice,” and (iii) “any such denial will be construed as a violation of the  selling broker's duty to deal honestly, fairly and in good faith with the  buyer.”  Furthermore, the DOS has specifically stated in an  opinion letter: “With regard  to showing the property, the buyer has the right to have the buyer's broker  present when the property is shown to the buyer, and the listing broker  cannot impose any conditions that would frustrate buyer representation  or place unnecessary obstacles in the path of buyer representation.” By: Neil B. Garfinkel,  REBNY Residential Counsel Partner-in-charge of real estate and banking practices at Abrams Garfinkel Margolis Bergson, LLP