The witness, Mr. Baruch: It has never happened to me that a buyer approached me and is not willing to pay a brokerage fee, so I don't know...
The Honorable Judge Harnoff: But let's say a buyer doesn't, do you envision a situation in which a buyer comes to you wanting to see the property, is willing to pay a lot of money and is not willing to sign a brokerage fee for you, in that case will you show the property to the buyer or not?
The witness, Mr. Baruch: Madam, we're talking about something, about a situation where I don't have an answer for the simple reason, I've been a realtor for 27 years, I've made hundreds of transactions, thousands, maybe tens of thousands of clients have approached me who have seen homes. A buyer who turns to a broker knows that he has to pay a brokerage fee.
The Honorable Judge Harnoff: If he turns through his broker to whom he has already committed to pay 2%, this is not such a theoretical situation, in principle a buyer will come who is not willing to pay you brokerage fees but wants to buy the property, will my master in this situation show him the property?
The witness, Mr. Baruch: I don't know, I didn't think about this situation.
The Honorable Judge Harnoff: And if now I present you with this option?
The witness, Mr. Baruch: It's not a situation that should happen at all."
And later on on pp. 6, 7:
"Adv. Rosenwasser: Article 9. I read the clause, "My above undertaking is based on the agent's undertaking to act to sell the property I own, to take care of my interests as a seller," I skip, "honestly and fairly." Now my question is, how do you take care of the seller's interests if you prevent potential interested parties who come to you from getting details about the property because they are not willing to pay a 2% brokerage fee?
The witness, Mr. Baruch: You're again, sorry to say, you're inventing things that didn't happen, not just about this property, that never happened to me...