This is the Definitions paragraph:
“1. DEFINITIONS AND INTERPRETATIONS: For the purposes of this Agreement (“Authority” or “Agreement”): “Seller” includes vendor, a “buyer” includes a purchaser, or a prospective purchaser. “Self-represented assistance” shall mean assistance provided to a self-represented party. A purchase shall be deemed to include the entering into of any agreement to exchange, or the obtaining of an option to purchase which is subsequently exercised. For purposes of this Agreement, anyone introduced to or shown the Property shall be deemed to include any spouse, heirs, executors, administrators, successors, assigns, related corporations and affiliated corporations. Related corporations or affiliated corporations shall include any corporation where one half or a majority of the shareholders, directors or officers of the related or affiliated corporation are the same person(s) as the shareholders, directors, or officers of the corporation introduced to or shown the Property. Commission shall be deemed to include other remuneration. This Agreement shall be read with all changes of gender or number required by the context. A “real estate board” includes a real estate association. “Public Marketing” shall have the same meaning as set out in REALTOR® Cooperation Policy as published by the Canadian Real Estate Association.”
Review
Set out below and marked in bold and italics are those words that are defined. Let’s look at that paragraph in a little more detail:
- DEFINITIONS AND INTERPRETATIONS:
For the purposes of this Agreement (“Authority” or “Agreement”):
“Seller” includes vendor,
a “buyer” includes a purchaser, or a prospective purchaser.
“Self-represented assistance” shall mean assistance provided to a self-represented party.
A purchase shall be deemed to include the entering into of any agreement to exchange, or the obtaining of an option to purchase which is subsequently exercised.
For purposes of this Agreement, anyone introduced to or shown the Property shall be deemed to include
any spouse,
heirs,
executors,
administrators,
successors,
assigns,
related corporations and
affiliated corporations.
Related corporations or affiliated corporations shall include
any corporation where one half or a majority of the shareholders, directors or officers of the related or affiliated corporation
are the same person(s)
as the shareholders, directors, or officers of the corporation introduced to or shown the Property.
Commission shall be deemed to include other remuneration.
This Agreement shall be read with all changes of gender or number required by the context.
A “real estate board” includes a real estate association.
“Public Marketing” shall have the same meaning as set out in REALTOR® Cooperation Policy as published by the Canadian Real Estate Association.
COMMENT
That was the list of definitions. Other than “spouse”, the definition does not appear to extend to other family members. This means that parents and children are not included. If that is the case, then, they will have to sign the documents for themselves.
Frequently, agents will often overlook this point and simply have the person in the family who is the main contact and the most vocal sign the paperwork.
Also, any kind of remuneration is referenced as a “commission”. So, attendances at hourly rates and any profits made for staging etc. would be included. However, this would appear not to extend to reimbursement of expenses.
Brian Madigan LL.B., Broker