Code or Common Law Precedence

(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 not actually refer to “agency”, only “representation”.

The issues you raise are covered in s. 10 through 17 of the Code. The intention is to have the relationship explained, instructions sought, and decisions documented. Obviously, this would be done in writing. However, the Principal need not sign.

When it comes to agency law, those rules will apply no matter what. And, we can have agency relationships created verbally or by implication arising from the conduct of the parties.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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