My WebLink
|
Help
|
About
|
Sign Out
Home
04/09/13
Ramsey
>
Public
>
Dissolved Boards/Commissions/Committees
>
Housing & Redevelopment Authority
>
Agendas
>
2010's
>
2013
>
04/09/13
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/18/2025 11:24:53 AM
Creation date
4/18/2013 9:30:26 AM
Metadata
Fields
Template:
Meetings
Meeting Document Type
Agenda
Document Title
Housing & Redevelopment Authority
Document Date
04/09/2013
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
161
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
BRIGGS AND MORGAN <br />II. SUMMARY OF THE THREE DOCUMENTS <br />The Unattributed Memorandum. <br />It appears the author of the Unattributed Memorandum did not have access to either the <br />April, 2010 Purchase of Services Agreement or the March, 2011 Purchase of Services <br />Agreement between the HRA and Landform and who also did not have knowledge of the <br />actions Landform actually undertook pursuant to those Agreements. The Unattributed <br />Memorandum assumes that Landform and/or Mr. Lazan performed services for the HRA which <br />included services for which a real estate broker's license would be required under Minnesota <br />Statutes Chapter 82. <br />The "Law and Discussion" Section of the Unattributed Memorandum cites and discusses <br />the relevant Statutes and case law that define when a real estate broker's license is required under <br />Minnesota law; cites Minnesota Statutes Section 82.85 for the proposition that "No person shall <br />bring or maintain any action in the courts of this state for the collection of compensation for the <br />performance of any of the acts for which a license is required under this chapter [Chapter 82] <br />without alleging and proving that the person was a duly licensed real estate broker, sales person, <br />• or closing agent at the time the alleged cause of action arose." And, in the "carryover" portion of <br />the memorandum, accurately cites Minnesota Statutes Section 82.83 for the proposition that any <br />person who violates any provisions of Minnesota Statutes Chapter 82 is guilty of a gross <br />misdemeanor. We have not checked each of the case citations in this Section, but I generally <br />agree with the Unattributed Memorandum's statement of the law. I do not, however, agree with <br />all of its conclusions. <br />The Unattributed Memorandum concludes that the Purchase and Services Agreements <br />between the HRA and Landform are unenforceable and Landform is not entitled to compensation <br />for any of its services provided pursuant to the Agreements. As discussed with respect to the <br />Huberty Memorandum and the Shainess letter below, this conclusion appears to be overly broad. <br />The Purchase and Services Agreements contemplate Landform providing numerous different <br />services to the HRA. Only some of these services are services for which a real estate broker's <br />license is required under Minnesota Statute Chapter 82. Based on the express language of <br />Minnesota Statutes Section 82.85, it would appear that Landform may not have access to <br />Minnesota courts to collect compensation due under the Purchase and Services Agreements for <br />the performance of any of the acts for which a real estate broker's license is required, but the <br />author of the Unattributed Memorandum does not offer any support for the conclusion that <br />Landform cannot enforce the contract and collect compensation for the other Landform services <br />provided. <br />The Unattributed Memorandum closes with a very brief discussion of " ... whether the <br />City of RamseyI should pay it [the compensation contemplated in the Purchase and Services <br />The Unattributed Memorandum and the Huberty Memorandum make various references to the City of Ramsey <br />which appear to be based upon the author's failure to recognize that the City of Ramsey and the Housing and <br />2 <br />5240409v3 <br />
The URL can be used to link to this page
Your browser does not support the video tag.