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What are Dual Agency Relationships and how do they Work?

by on November 4, 2011

When you select a real estate broker, you often want this broker/agent to be on your side regardless of whether you are buying or selling the home. If your broker only represents you in the process, then you have a single agency relationship with your broker. For example, if you are selling a home and [...]

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Agent Needs to Write Clear and Understandable Agreement

by on May 12, 2011

SPIS ~ Bond and Richardson   By Brian Madigan LL.B. This is a case in the province of New Brunswick involving the use of the Property Condition Statement and the liability of the agent who assisted the vendor in the completion of the document. The case is interesting from a procedural perspective. Mr. Bond purchased [...]

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Agent Fails to Protect Client (Discipline)

by on August 18, 2010

Agent’s Failure to Protect Client By Brian Madigan LL.B. (Ontario Real estate Source) A sales representative takes a listing from a bank. Because the property is being sold “power of sale”, it is a rock bottom price and it generates some interest in the real estate community. In fact, the bank requested that all offers [...]

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Agent Tries to Double End the Deal in Secret

by on May 10, 2010

Agent Conceals Listing and Offer ~ RECO Discipline By Brian Madigan LL.B. (Ontario Real Estate Source) This is a rather unusual case that came before the Discipline Committee of the Real Estate Council of Ontario. Here are the allegations of impropriety concerning the agent : 1. He failed to post the listing of the property [...]

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Real Estate Agents’ Pet Peeve about Lawyers

by on May 4, 2010

Real Estate Agents’ Pet Peeve about Lawyers By Brian Madigan LL.B. (Ontario Real Estate Source) Just as there are bad realtors, there are also bad lawyers who do kill deals. Here, I’m really talking about the naïve, inexperienced lawyer armed with a voluminous list of protective clauses for their own client who fails to understand [...]

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Realtor’s Disclosure Role

by on February 5, 2010

Real Estate Agent ~ Disclosure Issues By Brian Madigan LL.B. There are basic rules that apply to realtors concerning disclosure. Everyone who is permitted to trade in real estate under the Real Estate and Business Brokers Act, 2002 is subject to both the common law and the RECO Code of Ethics. Organized real estate, and [...]

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Risk of Agent’s Liability with Doctrine of “Ultra Vires”

by on February 3, 2010

Doctrine of “Ultra Vires” and Real Estate Agent Risks By Brian Madigan LL.B. The latin expression “ultra vires” as translated means “beyond the powers”. As a legal doctrine it often applies in the case of corporations that exceed their authority. Did the corporation have the authority to enter into a particular transaction? If not, a [...]

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Agent Reveals Private Agreement without Consent

by on October 7, 2009

Agent Reveals Private Agreement without Consent By Brian Madigan LL.B. Well, what do you think is going to happen here? The answer is: pay a $4,000 fine and take a course in ethics. Ms. Jones and Ms. Smith both worked at XYZ Realty. Ms. Jones had the listing and Ms. Smith acted for the buyers. [...]

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