Assignment: Analysis/Discussion of a Memorandum of Law – 1 Page

| December 7, 2015

Assignment: Analysis/Discussion of a Memorandum of Law – 1 Page

INSTRUCTIONS
Please write a 1 Page Memorandum of Law BUT ONLY WRITE THE ANALYSIS/DISCUSSION AND CONCLUSION SECTION regarding the following fact pattern

FACT PATTERN
A licensed real estate broker, Mr. Tillman, is working for a buyer, Ms. Valenza, in an attempt to find an apartment.
Mr. Tillman tells Ms. Valenza that he has found her a nice apartment in Brooklyn, New York and that she can move in because everything is fine with the apartment.
Mr. Tillman does not inspect the apartment (hint: Is Tillman under any obligation to do so?). The landlord of the apartment has represented to Mr. Tillman that the apartment/building is in good order.
Ms. Valenza has paid Mr. Tillman $500 and moved in only to discover there is no heat or hot water. In addition, upon further investigation by Ms. Valenza she discovers that the building has eight (8) building code violations and has been refused a certificate of occupancy (CO) by the City of New York.
Is Mr. Tillman liable? If so, under what theory?

SOURCE
Attached is the Code of Ethics and standards of Practice of the National Association of Realtors (Effective January 1, 2015) and use it to support your answer.
Hint: Focus on “Article 2” and its’ standards

Code of Ethics – NAR
Article 2
REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction.

REALTORS® shall NOT, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency or non-agency relationships as defined by state law. (Amended 1/00)

• Standard of Practice 2-1
REALTORS® shall only be obligated to discover and disclose adverse factors reasonably apparent to someone with expertise in those areas required by their real estate licensing authority. Article 2 does not impose upon the REALTOR® the obligation of expertise in other professional or technical disciplines. (Amended 1/96)

• Standard of Practice 2-2
(Renumbered as Standard of Practice 1-12 1/98)

• Standard of Practice 2-3
(Renumbered as Standard of Practice 1-13 1/98)

• Standard of Practice 2-4
REALTORS® shall not be parties to the naming of a false consideration in any document, unless it be the naming of an obviously nominal consideration.

• Standard of Practice 2-5
Factors defined as “non-material” by law or regulation or which are expressly referenced in law or regulation as not being subject to disclosure are considered not “pertinent” for purposes of Article 2. (Adopted 1/93)

Code of Ethics – NAR
Article 2
REALTORS® shall avoid exaggeration, misrepresentation, or concealment of pertinent facts relating to the property or the transaction.

REALTORS® shall NOT, however, be obligated to discover latent defects in the property, to advise on matters outside the scope of their real estate license, or to disclose facts which are confidential under the scope of agency or non-agency relationships as defined by state law. (Amended 1/00)

• Standard of Practice 2-1
REALTORS® shall only be obligated to discover and disclose adverse factors reasonably apparent to someone with expertise in those areas required by their real estate licensing authority. Article 2 does not impose upon the REALTOR® the obligation of expertise in other professional or technical disciplines. (Amended 1/96)

• Standard of Practice 2-2
(Renumbered as Standard of Practice 1-12 1/98)

• Standard of Practice 2-3
(Renumbered as Standard of Practice 1-13 1/98)

• Standard of Practice 2-4
REALTORS® shall not be parties to the naming of a false consideration in any document, unless it be the naming of an obviously nominal consideration.

• Standard of Practice 2-5
Factors defined as “non-material” by law or regulation or which are expressly referenced in law or regulation as not being subject to disclosure are considered not “pertinent” for purposes of Article 2. (Adopted 1/93)

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