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Buyer's Brokers and the Duty of Loyalty

By Stewart E. Sterk
September 26, 2008

What obligations does a buyer's broker have to different clients interested in purchasing the same property? When faced with that question in Rivkin v. Century 21 Teran Realty LLC, the Second Circuit certified the question to the New York Court of Appeals. The Court of Appeals addressed the issues last April (10 N.Y.3d 344), and the Second Circuit closed the book on the case in July (535 F.3d 105). Rivkin answered at least one significant question surrounding the obligations of a buyer's broker, but the Court of Appeals opinion raised new questions whose resolution will await future litigation (or legislation).

Defining Obligations

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