Thursday, April 11, 2013

Legal Line Question of the Week
Can an Exclusive REBNY Broker insist 
that a Co-Broker not accompany 
a Purchaser to visit a listing?
QuestionI 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?
AnswerNo.  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

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