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3. Acknowledgments

86 DOS 94 Matter of DOS v. Lando - RPL §443 acknowledgement to be obtained by licensee involved in transaction; failure of proof that representative broker knew of RPL §443 violation or retained proceeds of transaction after knowledge, therefore no vicarious liability

96 DOS 94 Matter of DOS v. Demasi - failure to use RPL §443 disclosure notice for sales or rentals of 1-4 family house (33 rentals); reliance on MLS form no defense to or excuse for not using form in rental transactions; broker presumed to know the law; lack of knowledge, unlawful motive or fraudulent intent considered in assessing sanction; $500 fine

22 DOS 95 Matter of Tenteromano - complaint charges failure to obtain disclosure notices from tenant, rather than failure to obtain acknowledgments or to file declarations of refusal; complaint not amended to conform to proof as single exchange in hearing; not sufficient litigation of issue to warrant an amendment; lack of prior notice

26 DOS 95 Matter of Cepparo - complaint charges broker failed to provide disclosure form to tenant and to landlord and failed to obtain signed acknowledgments; evidence shows unnamed salesperson failed to do so; complaint does not charge broker is responsible for salesperson's failure or failure to properly supervise; as respondent was not present at hearing, pleading cannot be amended to conform to the proof; lack of notice; complaint dismissed

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