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Tools of Engagement

>>Before You File and Ethics Complaint
>>Presenting and Negotiating Multiple Offers

Arbitration Guidelines
>>Procuring Cause
>>Factors for Consideration by Arbitration Hearing Panels
>>The nature and status of the transaction
>>The nature, status, and terms of the listing agreement
>>The nature, status, and terms of the offer to compensate
>>Roles and relationships of the parties
>>Initial contact with the purchaser
>>Conduct of the brokers
>>Continuity and breaks in continuity
>>Conduct of the buyer
>>Conduct of the seller
>>Leasing transactions
>>Other information
>>Sample Fact Situation Analysis

>>Procuring Cause Arbitration Worksheet

>>How to Prepare for a Professional Standards Hearing
>>How to Conduct Cross Examination
>>How to Present Your Case

>>Understanding the Hearing Process
This 23-minute video presentation features GLVAR Legal Counsel explaining the various stages of a Professional Standards hearing, from filing a complaint to presenting your case at the hearing and more.

>>Back


Conduct of the seller
(1) Did the seller act in bad faith to deprive the broker of his commission?
    (a) Was there bad faith evident from the fact that the difference between the original bid submitted and the final sales price equaled the broker's commission?
    (b) Was there bad faith evident from the fact that a sale to a third party was a straw transaction (one in which a non-involved party posed as the buyer) which was designed to avoid paying commission?
    (c) Did the seller freeze out the broker to avoid a commission dispute or to avoid paying a commissionat all?
(2) Was there bad faith evident from the fact that the seller told the broker he would not sell on certain terms, but did so via another broker or via the buyer directly?

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