Agent Breaks Into House with Home Inspector and Buyer

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As strange as it may seem that’s exactly what one agent did.

The Agreement was subject to a home inspection condition. The Listing Agent was going away, so the Buyer’s Agent without any appointment whatsoever simply went over to the property with the home inspector and the Buyer.

She just opened the door with the key obtained from the Lock Box which she had previously.

Then, she ran into the Seller who was surprised that she was in the house… surprised that she had the home inspector with her ….. and surprised that she had the Buyer with her too. NO NOTICE!

Nevertheless, the Seller acquiesced in the inspection. Clearly, she was not happy.

So, the Seller complained to RECO and the Buyer’s Agent received a $4,500.00 fine.

Strangely, this took place in August 2013 but the decision by RECO was not released until November 2016.

Transgressions

It is agreed that the Agent breached the following Sections of the Code of Ethics under the Act:

Conscientious and Competent Service, Etc.

5 A registrant shall provide conscientious service to the registrant’s clients and customers and shall demonstrate reasonable knowledge, skill, judgment and competence in providing those services.

Error, Misrepresentation, Fraud, Etc.

38 A registrant shall use the registrant’s best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in real estate.

Unprofessional Conduct, Etc.

39 A registrant shall not, in the course of trading in real estate, engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming a registrant.

COMMENT

What’s to say? Don’t break and enter! This is SERIOUS. Far too many of these kinds of cases.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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