Frequently, you may require a Lawyer’s Approval Clause. Quite commonly, they may be written as a Condition Precedent, however, we will review one drafted as a Condition Subsequent, in detail. …
Is a BRA which Omits the “Brokerage” Enforceable? (Ontario)
Question: The client wants out of the BRA. I looked at it and it doesn’t include the name of the Brokerage. Is that enforceable? Answer: It is quite possible to …
Notice of Fulfillment Brian Madigan’s ANNOTATED version Explained
The document which follows is an annotated version of the Notice of Fulfillment, with commentary in Italics. That portion not in Italics is part of the Form itself. The comments …
You Are Not Allowed to Chase the Seller’s Lawyer (TRREB)
Question: We are the Co-operating Brokerage. No commission check shows up. The Sellers’ lawyer won’t return calls. Is the listing Brokerage still responsible to pay the cooperating Brokerage portion of …
Negotiating Commission with a FSBO
Question: Confirmation of Cooperation question: The scenario is as follows – I am representing the Buyer. They would like to submit an offer on a property listed with a flat …
Signing For a Client
Question: From time to time, I see agents sign on behalf of their Clients. Is this appropriate? Answer: I think there is a distinction among the agents who might reasonably …
The Long Lasting BRA, is it Enforceable?
Question: I was just approached by a potential Buyer in my area. He signed a BRA with a 31 December 2022 termination date. The Buyer was very upset when we …
What Should you Sign First BRA or WWR?
Question: What should you sign first the BRA or the WWR? Answer: The BRA is the Buyer Representation Agreement and the WWR is the “Working with a REALTOR” document BRA …
Dealing with a “Legal Non-Conforming Use” in Ontario
There are a few issues with “legal non-conforming” considerations. The basic principle is that municipal by-laws cannot be retroactive. If a building is constructed in accordance with applicable zoning and …
What would you do, if you received an Offer with this Warranty?
Question: You are the Listing agent. What would you do, if you received an Offer with this Warranty? How would you advise your client? “The Seller warrants that, to the …