Dolgetta Law

Buyers’ (or Sellers’) Agents Beware: Yes, The Home Is Located In …

On February 28, 2007 an important decision was issued by Manhattan Supreme Court Justice Rolando T. Acosta in the matter of Blumenthal-Levy v. Coldwell Banker Hunt Kennedy, relating to representations that Buyer’s Agents make to their clients. This decision points out the importance of Buyer’s Agents ensuring that statements or representations hey make are accurate. Although this decision comes at a very early stage (i.e. the summary judgment phase) in the lawsuit between the client/buyer Hilary Blumenthal-Levy (the “Plaintiff”) and her real estate agent, Elayne Reimer, and brokerage firm, Coldwell Banker Hunt Kennedy (collectively referred to as “Defendant”), it is imperative that brokers and agents follow the progression of this case through to the end. The ultimate decision has potential implications about how a Buyer’s Agent should handle certain situations, especially being careful about what representations and information are provided to the client.

The Facts of the Case

The facts of the case, as the decision points out, are very “straight forward.” The Plaintiff was looking for an apartment in New York City that was located in a certain upper Eastside school district. The Plaintiff alleges in an affidavit that she engaged the services of the Defendant to assist her in locating the apartment. The parties entered into a verbal agreement whereby the Plaintiff engaged the Defendant to exclusively represent the Plaintiff in negotiating the purchase of an apartment.

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