Vendor not Obligated to Warrant Property: No Commission This is another interesting case involving the use of the Seller Property Information Statement (SPIS), not for the purpose for which it was …
Be alert to the Relative Degree of Cognition
It’s very important to be alert to the relative degree of cognition of the client. Do they speak English? Do they read English? Can they explain the steps you have …
Agency: What Takes Precedence the Code or Common Law in Ontario?
Question: REBBA 2002 requires a written agreement but then Agency Law states that it is not necessary to have a written agreement. Which would take precedence? Answer: The Act does …
Multiple Rep: What not to Talk About
When dealing with multiple representation, What are the aspects you are not allowed to discuss with your buyer and seller clients ? Listing Agreement MULTIPLE REPRESENTATION: The Seller hereby acknowledges …
Confirmation of Cooperation in a Multiple Representation
Need for Confidentiality Question: Since the Buyer’s agent is not technically signing the Confirmation of Cooperation (CCR) Form meaning that the commission section doesn’t get filled out, how would the …
Can You Tell a Secret?
Let’s assume that Bob, the Listing Agent is acting for Mary in respect to the sale of her house. Bob hosts an Open House and Fred and Wilma attend. They …
Managing the Contingency Fee in a Lawsuit
Real Estate Lawsuits and Contingency Fees Lawyers often charge 15% to 35% fees computed on the total settlement of a client’s claim. This is the “if you don’t win, you …
Can Agent Keep the Extra Commission?
Let’s suppose that Bob the Buyer is very interested in purchasing a house in a certain area. Bob contacts Fred who is an agent working that targeted area. Fred doesn’t …
BUYERS’ REP AGREEMENTS
Question: I showed at least 20 properties and made 3 offers on properties with a Client under a BRA. They purchased a property through another agent (listing agent) the week …
Inappropriate Use of “Representation” in Ontario
Question What about a “Mere Posting Brokerage” providing “representation” to the Seller? According to the salesperson, they say that they do it all the time, as in 90% of the …