Customers ~ Who are they? Ontario Real Estate Source By Brian Madigan LL.B. No one outside the real estate industry seems to know the difference between clients and customers. In fact, once explained, most seem to think it is absurd, and to say the least a little unfair, and perhaps a “ruse” by the real [...]
Tag Archives: law
Company Protocol for Twitter Use
Twitter Account – Professional or Personal? Ontario Real Estate Source By Brian Madigan LL.B. Issues concerning ownership, use, and operation of a Twitter account have arisen in the case of PhoneDog v. Noah Kravitz. The novel issue is the crossover between personal and professional interests. Kravitz was employed by PhoneDog to blog about competitive mobile [...]
Unfair Business Practices Apply to Real Estate Agents
Unfair Business Practices in Ontario (Real Estate Agents and Consumer Protection) By Brian Madigan LL.B. The Business Practices Act was a very good piece of legislation, but not too many people knew about it, so last year the Ontario Government replaced it with the Consumer Protection Act. When it comes to real estate there [...]
Should a Third Party Have to Monitor an Agency Appointment?
Third Party Intervention ~ $ 20 million Condo Fraud Ontario Real Estate Source By Brian Madigan LL.B. This situation involving the condo fraud is fraught with difficulty. You will recall that Manzoor Khan and Channel property Management are being accused of fraud in connection with 9 condominium corporations. Because the allegations are “fraud” and “forgery” [...]
Liquidation of a Financed Restaurant through the Receiver
Business Financing: Liquidating the Restaurant Ontario Real Estate Source By Brian Madigan LL.B. You financed the restaurant for a friend or relative, and now it’s run into financial difficulty. This could be due to a variety of reasons. At this point, the reason doesn’t really matter. You are now in [...]
Can a Landlord Prevent a Tenant from having Pets?
Can a Landlord Prevent a Tenant from having Pets? Can a Landlord Prevent a Tenant from having Pets? Ontario Real Estate Source By Brian Madigan LL.B. I know you’re going to like this answer: “yes” and “no”. The Residential Tenancies Act in Ontario allows for pets. There is a specific pet rule. “No pet” provisions [...]
Negligence Act in Ontario
Negligence Act in Ontario Ontario Real Estate Source By Brian Madigan LL.B. The Purpose The Negligence Act deals with the matter of apportionment in the field of torts. Tort law considers the liability of a party to another for wrongdoing whether intentional or not, where the injured party has suffered a measurable loss either physically [...]
Selling a Business in Ontario (Expected Documentation)
Selling a Business in Ontario (Documents) Ontario Real Estate Source By Brian Madigan LL.B. What documents can you expect to be delivered? The Real Estate and Business Brokers Act, 2002 is quite clear about this. You can find the provisions relating to the purchase of a business in regulation 567/05. Here it is: Purchase of [...]
Ontario’s Consumer Reporting Act
Consumer Reporting Act in Ontario Ontario Real Estate Source By Brian Madigan LL.B. The Consumer Reporting Act is designed to afford a certain level of protection to consumers. So, the Act defines consumers and does not apply to businesses. There are requirements with respect to disclosure to consumers relating to credit information and personal information. [...]
Latent and Patent Defects, and Material Facts
Latent and Patent Defects, and Material Facts Ontario Real Estate Source By Brian Madigan LL.B. The matter of patent and latent defects falls under the law of real property and the issue of disclosure. A Patent defect is clear, apparent, observable and not hidden from view. A Latent defect is not readily apparent to the [...]
Contracts Do Not Effect Status of Fixtures and Chattels
Chattels and Fixtures ~ Contracts are Irrelevant By Brian Madigan LL.B. The law related to the chattels and fixtures debate is the law of real property. Contract law has nothing to do with it. So, it doesn’t matter whether we are talking about an agreement of purchase and sale, a mortgage, a chattel mortgage, a [...]
OREA Form 202 ~ Commission Agreement
Form 202 ~ commission agreement By Brian Madigan LL.B. (Ontario Real Estate Source) We now have a new form once the consent agreement was struck. It is called “Seller Commission Agreement with Co-operating Brokerage For a Listed Property”. The first step for the FSBO (for sale by owner) group was the mere posting agreement. That [...]
Reject the Small Deposit: Just Say “No”
Say “No” to the Small Deposit By Brian Madigan LL.B. (Ontario Real Estate Source) There are many areas that operate with the low deposit being the norm. That doesn’t make much sense, but it also illustrates a difficulty in terms of the real estate industry understanding the purpose of a deposit. Some areas outside of [...]
Ontario Residential Anti-Smoking Policies
Nobody Likes Second Hand Smoke! By Brian Madigan LL.B. (Ontario Real Estate Source) Not even if you are a smoker. So, what’s the problem? Many multi-plexes, co-operatives and condominiums have difficulty enforcing anti-smoking rules and policies. The Ontario government isn’t of much help. They have lost some supporters recently and they are not looking to [...]
Risk Management for Home Stagers
Home Staging and Risk Management By Brian Madigan LL.B. (Ontario Real Estate Source) The Home Staging industry is still unregulated, and to some extent it is still in its infancy. As society becomes somewhat more litigious, it would seem to be wise that those in the home staging business take some precautions on their own [...]
Home Stagers and their Codes of Ethics
Code of Ethics for Home Stagers By Brian Madigan LL.B. (Ontario Real Estate Source) The home staging business has grown rapidly over the last decade. It is not a regulated industry in Ontario. Those individuals who practice in the field seek accreditation from a variety of associations and organizations. The industry as such is seeking [...]
Here Come the Foreclosure Dead Beat Law Suits
In true American fashion, the foreclosure mess has a spin off – the foreclosure processing crisis. Questions of illegal and improper paperwork preparation have resulted in major lenders suspending action….bring on the dead beat law suits!
Are Keys Chattels or Fixtures?
Keys ~ Chattels or Fixtures? By Brian Madigan LL.B. (Ontario Real Estate Source) 99% will reply that keys are a part of the house. In fact, they are part of the locking system for a house. There are two parts: 1) the lock which is affixed permanently to the door, and 2) the key which [...]
Real Estate Adjuster
The Real Estate Adjuster By Brian Madigan LL.B. Ontario Real Estate Source The real estate adjuster is a new type of business professional. More frequently than not, consumers are turning to the internet for a solution to their problems. They try to do some research and problem-solving before making contact with a professional for assistance. [...]
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Rob@Jupiter Real Estate: In Florida we have many condos located on oceanfro...
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Larry: It should almost be a necessity to have a swimming...
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New Media 4 Agents: I think we are past the stage of wondering if it w...
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Jim Wagoner: Good information we all should try to live by....
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Mike Pannell: Tony, i tried to sign my Wife up on your property ...
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$10000 California First Time Home Buyer and New Home Tax Credit Extended
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Unite Against the Sarasota MLS Board
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Short Sale Heaven Coming April 5th 2010
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The Lones Group – Real Estate Social Media Marketing Firm – Sues Agent For Being A Zebra
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California Senate Bill 94 (SB94): Passes; Not even Attorneys can do it!
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