Question: The first agent had a listing. The contract expired or was cancelled. One Buyer’s agent had a strong interest from their client in the property. Just after the property …
BRA: Wide Reaching ALL of Ontario
Question: I was approached by a Buyer. He signed a Buyer Representation Agreement (BRA), that says “All of Ontario”. Is that legal? The other agent isn’t anywhere near here. Answer: …
Seller Commission Reduction
Question: A property is listed for sale and offers co-operating agents X.5% plus HST. The Co-Operating Brokerage submits and offer reflecting the X.5% The Listing Brokerage without any discussion or …
Notices in Multiple Representation Situations
Question: Clause 3 (Representation) of the Listing Agreement? “Where a Brokerage represents both the Seller and the Buyer (multiple representation), the Brokerage shall not be entitled or authorized to be …
Disclosure of Relatives to Other Party in the Deal
Question: Scenario: commercial property acquisition and you are representing the buyer. Seller agent does not disclose she is related to the seller until after the sign back. Conversations between agents …
Lawyer’s Approval Clauses
Business Terms and Legal Terms Question: I might be inclined to look at a Buyer’s condition drafted as a condition subsequent because it involves less paperwork. Answer: Here are two …
Is the Acknowledgement or the Confirmation of Acceptance “THE” Acceptance?
Question: Sellers sign back offer, buyers accepts within irrevocable period signing the confirmation of acceptance. Now the sellers are refusing to sign the Acknowledgment as they have decided that they …
Lawyer’s Approval Clause Reviewed
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 …