List of Courses
This is an updated outline in respect to each of the programs currently offered as part of the AEA Program and available over Zoom:
This program deals with the evolving law that applies to sellers and their obligations, the role of the agent and the increased obligations placed upon the agent under REBBA 2002.
Participants will understand how the law of torts and misrepresentation apply in the context of a contractual agreement.
Emphasis is placed upon the legal liability of the agent and the reasonable steps that an agent can take to protect themselves from liability. A checklist for practice management is included to lessen the risks for the agent. Following the checklist provides documented evidence of meeting professional standards.
The law of disclosure is also viewed from the perspective of the buyer’s agent. Reference is made to the SPIS document currently in use, and the most recent decision of the Supreme Court of Canada.Material: 98 Pages
Addendum: 10 Pages
PowerPoint: 10 Slides
This program deals with the standard form agreement on a clause by clause, line by line and word by word basis.
This is the most important document that the agent uses, and consequently, every agent needs to know just exactly what the document means and intends. The practitioner must recognize the significance of changes and alterations to the standard form agreement. The agent needs to know what changes may be required to protect their clients’ best interests.
Each of the paragraphs are reviewed and explained in detail. The course material offers ease of reference to issues in the future.
Matters dealing with the proper witnessing and authentication of documents are covered. The issue of the execution of the spousal consent is considered together with the increased obligations of the agent.
The contract is considered in the context of the law dealing with misrepresentations both in contract and tort law. The remedies available outside of contract and the imposition of liability upon the real estate practitioner are reviewed.
Emphasis is placed upon good practice management and the avoidance of liability.Material: 142 Pages
PowerPoint: 69 Slides
This program is designed to ensure that the participants learn to distinguish between chattels and fixtures, and the legal principles that change a chattel into a fixture. The focus is real property law rather than the agreement of purchase and sale, which is largely irrelevant.
The distinction is one of importance to municipal taxation and assessment, other taxing authorities, PPSA registrations, construction liens, and priorities in bankruptcy. The law has evolved over a period of centuries. Practitioners need to ensure that their clients are protected and not placed at risk.
Agents must know the steps in the “attachment” process, which has nothing to do with “nails, screws and glue”. It also has nothing at all to do with “upside down house shaking”. The program will cover objective intention, sets, business assets, trade fixtures, and necessity. Agents will learn to avoid the risk of costly mistakes.Material: 78 Pages
PowerPoint: 60 Slides
This program is essentially three separate programs all dealing with a similar theme.
Surveys: Participants will learn what is and what is not a survey, the four elements of a survey, survey types, and the steps in the survey process. Emphasis will be placed upon the ownership of property (the extent of title, distinguished from the chain of title), and limiting the agent’s liability through the use of a survey.
Boundaries: The program will outline the boundaries to land: horizontal, vertical (up, down and sideways), air rights and airspace issues in the vertical plane, subsurface issues, mines, minerals and support, attachments by law (when chattels become fixtures), natural boundaries, water and watercourses, riparian rights, accretions, recessions, moveable boundaries, and water lots.
Adverse Possession: The program will focus upon the common law rules for unregistered rights of ownership, the nature of the required evidence to support both ownership and limiting rights, easements, and prescriptive rights of way. In addition, the history of title fraud and the response of the Torrens system, the application of the Registry Act and Land Titles Act will be reviewed. All topics will emphasize the limitation of the agent’s legal liability through proper disclosure and the adoption of professional standards.Material: 58 Pages
PowerPoint: 27 Slides
Marriage, divorce and the family, the two definitions of “spouse”, the division of assets and the support obligations upon marriage breakdown are explained. The Matrimonial Home and the special considerations which apply are emphasized.
The common law, its definition and historical origins, common law marriages, co-habitation agreements, advising the unmarried couple, and resolving disputes are considered in the context of limiting the agent’s liability for risks.
Estate Planning: The program examines testate and intestate succession, the use of trusts for specific purposes, inter vivos property transfers, and the elimination of avoidable risks. The role and usage of Joint Tenancy is considered particularly the issues, risks and problems arising from recent case law. Designated beneficiaries issues and problems, as well as the role of life insurance in an effective estate plan are reviewed.
Succession Planning:The program will review the choice of the Executor (Estate Trustee), and support professionals, Powers of Attorney, conflicts of interest, taxation upon death, deferral, and avoidance. In the business context, the role of the Business Broker will be reviewed as well as the particular problems with both first marriages and second marriages. Participants will also consider the real estate agent’s role in the estate and succession planning process.Material: 120 Pages
PowerPoint: 85 Slides
There are issues which arise in the case of the administration of an estate, in terms of authority, instructions, identification. There are issues with respect to principals lack mental capacity.
In addition, there are special issues which arise concerning multiple offers, Bill 55, Phantom Offers( Form 801), competing offers, disclosure and related documentation, escalation clauses, Assignments, and Defaults with Deposits, Terminating the Agreement of Purchase and Sale, and Mortgage Remedies.
This program reviews the law of agency and considers the role of the real estate practitioner in both agency and non-agency situations.
This course includes a detailed review of both the agency and customer service levels of service, for both Buyers (Buyers Representation Agreement) and Sellers (Listing Agreement).
Over the years, the Supreme Court of Canada has dealt with and considered most real estate issues. This program reviews the leading cases that deal with real estate, including: representation, agency, negligence, seller’s liability, buyer’s liability, agent’s liability. Learn how to protect yourself and assess the impact of the Court’s most recent decision. Subsequent to the initial presentation of this Course, the Supreme Court of Canada changed the law of contracts to include “honesty and good faith contractual performance” in 2014, and an obligation to be “cognizant of one’s own omissions” in 2020. How do these new common law doctrines affect real estate transactions?
This program considers those issues which are identified as the high risk areas for real estate agents, and considers safer, better business practices. How to defend yourself and keep yourself out of Court, while at the same time acting both in the best interests of your client and fulfilling your ethical duties to others.
The following Courses have been delivered in the past, or are currently under development.
- Writing Clauses
- Use of the Seller Property Information Statement
- Disclosure Law Case Review
- Purchase and Sale of a Business
- How to Be a Great Agent and Avoid Legal Liability
- The Commercial Lease
- Commercial Due Diligence Requirements
- Sales under the Bulk Sales Act
- Buying and Selling a Business without Property
- The Listing Agreement under Review
- The Buyer’s Representation Agreement under Review
- Material Facts in a Real Estate Transaction
- Customer Service Contracts
- The Three Levels of Engagement for Real Estate Professionals
- Residential Tenancies Act
- Rural and Recreational Property Issues
- RECO Discipline Cases
- Avoiding Real Estate Malpractice
- Capacity to Contract
- Estate and Wealth Accumulation
- Specific Performance in Failed Transactions
Kindly check in with me about the availability of these Courses. They may or may not be available over Zoom