This document which was initially intended to explain agency has now been eliminated in its entirety. It was helpful in documenting the time when agency actually commenced. The Consumer selected …
Agent’s Liability for Statements
Question: Let’s say someone has been out-showing homes without a Buyer Representation Agreement (BRA) and that “consumer” then goes and buys a house you showed them with another agent but …
Justification for Multiple Representation
This was an article published several years ago, when “multiple representation was under review in many jurisdictions throughout the United States. It now is topical, in Ontario, since it still …
Disclosure Documentation for Known, Latent, Material Defects under TRESA
We all know that there is a brand new obligation arising under TRESA, and that is the disclosure of known, latent, material defects by the Listing agent. This is not …
No Agent: Caveat Emptor Still Applies
Have a look at s. 22.2 (1) under TRESA (Regulation 567/05): 22.2 (1) If a seller has a legal obligation to disclose a fact to the buyer and the fact is …
History of Double Agency
TRESA Let’s roll back the clock by 30 years or so! Sub-agency Sub-agency was in full gear. Yes, there were indeed two agents in a real estate deal, but they …
Designated Agency and the “Mentor” under TRESA
TRESA will authorize “Designated Agency”. That will be fine and save some significant conflicts of interest. The appointment is made by the Brokerage. The Brokerage appoints Bob to act on …
Dual Agency: Resolved
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 …
Who is Your Agent under TRESA?
Interesting question! It always used to be “the Brokerage”. The correct answer under TRESA would be: 1) “the Brokerage”, as above, or 2) the “Designated Agents”). Brokerage Representation This is …
Agent Signing for Client
Question: Can a Realtor sign paperwork related to listing and/or buying/selling real estate on behalf of their buyer or seller if the client asks/directs them to? Answer: I suppose it …