SEATTLE NEWS ARCHIVES & FEATURES

Court rules one brokerage can represent competing offers

May 21, 2012, 7:51 AM | Updated: Mar 4, 2016, 5:55 am

The Court of Appeals of New York has ruled that a brokerage did not violate its fiduciary duties to the buyer-client of one of its salespeople by permitting another salesperson at the brokerage to represent a competing buyer for a property.

In the case (Rivkin v. Century 21 Teran Realty LLC,), potential buyer Oleg Rivkin instructed a salesperson to make a below-list offer on a vacation home the salesperson had shown him. He also signed the buyer agency disclosure form required by the state.

Two days later, another couple also made an offer on the property through a second associate at the brokerage, this time at full list price. The property owners accepted the full price offer and did not give Rivkin the opportunity to make a counteroffer.

After the salesperson told Rivkin that his offer had not been accepted, Rivkin personally called the property owners and offered a higher price. However, the owners decided not to cancel their existing contract.

Rivkin sued the brokerage and the salesperson, claiming that the brokerage had breached its fiduciary duties by not disclosing that the competing offer was submitted by another salesperson at the same company.

After reviewing the case, both the trial and the appellate courts determined that only the individual buyer’s representative was bound by statute to act solely on behalf of the client and provide such fiduciary duties as undivided loyalty to that client. The disclosure rule did not apply to the entire brokerage, the court ruled.

Seattle News Archives & Features

Associated Press

3 dead, including suspect, and 2 deputies critically injured in eastern Washington state

SPOKANE COUNTY, Wash. (AP) — A shooting and subsequent firefight with responding officers left three people dead, including the suspect, and two deputies critically wounded in eastern Washington state Tuesday. Deputies responded to a home in Spokane County, which borders Idaho, around 2:30 p.m. after a woman told her neighbor that she had been shot […]

2 days ago

Sedro-Woolley medications missing...

KIRO 7 News Staff

Student medications found missing or diluted at Sedro-Woolley schools

Students’ medications are missing or diluted at multiple schools across the Sedro-Woolley School District, according to a district statement.

16 days ago

In this photo taken with a smartphone, Mike Herrington, the FBI special agent in charge, speaks to ...

Associated Press

Washington resident charged with conspiracy in Canada shool shooting is ordered detained

SEATTLE (AP) — A Washington state resident charged with conspiracy in one of the worst school shootings in Canada’s history has been ordered detained pending further hearings in the case. Melody Bryant, also known as James Cody Bryant, of Bellingham, Washington, was charged this month with conspiring to murder people in a foreign country. Investigators […]

23 days ago

The location of the Vertical Evacuation Tower will be near the Westport Marina. It will be the thir...

Tom Brock

Rising above the risk: Westport breaks ground on Washington’s newest tsunami refuge

The city of Westport broke ground Saturday on what will become Washington state's latest tsunami-safe location: a new vertical evacuation tower.

1 month ago

Andre Sayles (2) bite of seattle shooting suspect...

Tom Brock

Texts on hold: SPD delays Bite of Seattle shooting records

Interim Seattle Police Chief Andre Sayles says he needs more time before he can release the police department's internal communications the night of the deadly "Bite of Seattle" shootings.

2 months ago

Two alleged wire thieves caught in the act on Highway 12 near Aberdeen. Authorities estimate they d...

Tom Brock

Grounded: Grays Harbor deputies cut short highway wire heist

Deputies in Grays Harbor arrested two men Saturday for trying to steal hundreds of feet of wire along Highway 12.

2 months ago

Court rules one brokerage can represent competing offers