We just looked at a situation where an agent gained unauthorized access to a house. That was technically breaking and entering. However, in that case, the overzealous agent just wanted to show the house.
In this case, access was authorized for the purpose of showing the house. Neighbours say the agent was alone. So, who was he showing the house to? Obviously, no one!
Why was he there?
Well, that’s simple, he wanted to steal things, and he did. Jewellery from two houses that he had apparently shown to prospective buyers was later found in his possession. He’s from Brampton, and the houses were located in Milton and Oakville.
So, just to be sure on the Criminal Code issues, he is charged with theft as well as breaking and entering.
He was authorized to enter the house to show the premises to a prospective buyer. That was a trick or a ruse. It was fraud, and fraud vitiates the consent.
As a rule, I use fictitious names or do not mention any names if it is not necessary. The actual case will likely be published on RECO’s website and will be available to the public. For educational purposes, the names of the parties really don’t have any bearing. If you need to quote the case, you will have to obtain the proper legal citation.
Brian Madigan, LL.B., Broker