Fiduciary Duties Beyond TRESA Overview When a real estate brokerage represents both a buyer and a seller in the same transaction, the situation is governed not only by the Trust …
Commission Disclosures in Multiple Representations (1)
Disclosures of various commissions sources and referral fees in multiple representation situations: Type of Payment Disclosure Required? To Whom Legal Source Listing-side commission Yes, to own client Seller O. Reg. …
Disclosure of Insurance Claim and Rectification of Property
Question: Under TRESA if a property had a significant insurance claim but everything was fully repaired and there have been no issues since, this does not need to be disclosed …
A Pedophile Living Across the Street Can be a Latent Defect in Your House
Question: Buyer closes on a house finds out a pedophile lives across the street wants to sue sellers and agent for not disclosing… thoughts? Answer: There is a reasonable case …
Unfair Competition with More Than One Client
This particular topic remains after TRESA was introduced. It was a problem and it’s still a problem. It just occurs less frequently. Have a look at RECO’s August 2025 publication: …
Completing Form 320 for a Self Represented Party
Question: An Offer is being presented to a Self Represented Seller (SRP). Form 223 was completed, Commission Agreement with direction for the Seller’s Lawyer to pay the Buyer’s Brokerage directly. …
Agent Selling Own Property
Question: Orea form question – is 602 disclosure needed or it is form 161 that’s needed when you are selling a property that you have interest in? I’ve always only …
Can Second Buyer “Bump” First Buyer?
Question: If a Seller has an accepted offer on their property conditional on the sale of the Buyer’s home, with an escape clause. Is there a rule that doesn’t allow …
Sub-agency Agreement for Conduct of Open House
Brokerage #1 has been selected for the Listing, but the area is rather remote and Brokerage #1 is not interested in in attempting to secure or develop more business in …
Open Houses Hosted by another Brokerage
Question: Can someone from another brokerage do an open house for you? Answer: This has been the case for 30 years. There are no recent changes and nothing to do …