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 …
Dual Agency and the Legal Profession
Lawyers act for their own clients. They don’t act for opposing parties in the same deal or adversaries in Court. The basic element of the agency appointment for lawyers is …
Dual Agency: Negotiator or Mediator
There is a basic presumption underlining the discussions of dual agency and that is, an agent should be a negotiator and not a mediator. Maybe that’s true, and maybe it’s …
Spousal Consent: Implied or Informed?
Now, we all know that the legal spouse must provide a consent under the Family Law Act in respect to the sale or mortgage of a matrimonial home. The real …
Dual Agency: Supporters
Just who is in favour of dual agency? If there are such substantial problems, why is it still around? The simple answer seems to be real estate brokerages, organized real …
Buyer’s Agent Feedback
There are many situations when a Listing agent has a property for sale and they are just desperate to receive feedback from the Buyers’ agents. Most of the time this …