There can be some unexpected responsibilities with multiple representation. Let’s go through an interesting situation. Bob Jones is a Listing agent, and he is selling Seller Sam’s property. Mary Brown …
Multiple Representation: Increased Disclosure
In a multiple representation situation, there are some restrictions, but there are also some increased disclosure obligations. Remember, the Brokerage is actually the agent, so any two members of the …
Multiple Representation: Restrictions
In a multiple representation situation, there are some restrictions. Remember, the Brokerage is actually the agent, so any two members of the same Brokerage can activate the multiple representation situation. …
Multiple Offer Disclosure
Obviously, the Listing agent will have to disclose the count. How many Offers are there, and have any of them been withdrawn? The names of the parties as well as …
Are Second Opinions Allowed?
Question: Am I allowed to speak to someone who is under an agency appointment either a Listing or a Buyer Representation Agreement? Answer: Are you allowed to speak to someone …
IMPACT of Conflict between the Code and Fiduciary Duties
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 …