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L. RESPONDENT SUPERIOR

Jonas v. Faith Properties, Inc. (221 A.D.2d 959) - defamation claims; respondent superior; privileged communication; broker not liable for salesperson’s acts where there is no evidence salesperson was an employee or agent of broker; if salesperson was an employee, employer/broker liable under respondent superior where employee is performing some act in furtherance of a duty owed to the employer and where employee is, or could be, exercising some control, either directly or indirectly over his activity; salesperson’s letters to Bar Association and Judicial Grievance Committee have absolute privilege and to Client’s Security Fund, District Attorney, Secretary of State and Board of Realtors have qualified privilege 

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Third quarter Legal Lines now available

The third quarter 2018 edition of NYSAR’s Legal Lines is now available online at NYSAR.com. This edition covers what a broker's agent actually is, the legal issues related to social media use, conditional approval for financing is not a mortgage commitment and more. Learn more

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