As previously discussed, we are going to have a conflict effective 1 April 2023 when the new TRESA Regulations come into effect. This is the new provision: “Disclosure of facts …
Conflict between the Code and Fiduciary Duties at Common Law
Under existing legislation, all the obligations of an agent under the Code of Ethics and under the common law were consistent. The Code reflected the common law. Now, we are …
Consequences of the Breach of Fiduciary Duties at Common Law
The Ontario Court of Appeal considered these issues almost 30 years ago. In Raso v. Dionigi, 1993 CanLII 8664 (ON CA), The Court dealt with matter of an Agent “double …
Real Estate Agents ~ Tricky Moves
So, you thought you had an agent? Only one little problem, your agent takes all your secrets and immediately tells the other side. And, it’s legal. At least, that’s what …
Agency: The Difference Between Estoppel and Ratification
A contract of agency can be created in several ways. The most common method is a express agreement in writing. Sometimes, it arises by implication. But, there are two other …
Agents: Acting within the Scope of Authority
Is the agent’s statement binding upon the Principal? Is the Principal known or unknown? That seems to make a difference when it comes to determining liability. Disclosed Principal It is …
Legal Obligations of Agents
Oftentimes, it is difficult to determine precisely the legal obligations owed by an agent. You have to be aware that real estate brokers and sales representatives are regulated under the …
Responsibility for the Missing Dishwasher
Here is a question that arises about once every two weeks: If the agent fails to include the dishwasher in the Agreement of Purchase and Sale, but told the buyer …
Dual Agency: A Possible Resolution
There are certainly some problems with dual agency, the most critical of which is the inherent unresolvable conflict of interest. But, even if it cannot be resolved, perhaps a suitable …
Dual Agency and the Medical Profession
The laws of agency have their origins in the 17th century BC. The early origins of the Hippocratic Oath for doctors arose in the 4th century BC. It is no …