There are two methods to handle these matters: Long form, Short form. Long Form Method Let’s assume that you have a Condition included in an Agreement which reads as follows: …
Structuring the Commission Reduction
(Ontario) Question: An agent I am working with is reducing her commission to make the deal work. The Confirmation of Cooperation and Representation (CCR) that outlines the full amount so …
Retrofit Clauses for Agreements
One very significant problem was the real estate industry would encourage the sale of a building with a secondary unit in an area zoned simply for single family units. There …
Complications with “Acceptance” of an Offer
When is an Offer “accepted”, that’s a crucial question. There are two steps with respect to acceptance of an Offer: Signing or executing the document, and Communicating to the other …
Be Sure to make Proper Use of Form 801
For a considerable period of time, there was a concern about “phantom offers” in Ontario. A Buyer is looking at a property and just as they are about to submit …
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 …
Is it Appropriate for Two to Sign Confirmation of Acceptance?
Question: 1) is there an issue to have both sign ? 2) in this day and age of electronic signatures, must you route and order the signatures to only have …
Material Facts Checklist
Ontario Many agents in simply believe that there isn’t one at all. That’s not true. It’s Form 820 entitled “Residential Information Checklist”. There are also some additional Schedules set out …
Changes to Buyer Representation Agreement
(Ontario) Question: If a buyer has a buyer agency but the commission is crossed out and the holdover is crossed out then are they just liable until the end of …
Back Dating the Buyer’s Representation Agreement
(Ontario) Question: Can a BRA be back dated? For example, you date a Buyer Representation Agreement (BRA) as of Saturday. You then meet the clients and go over it. They …