Not exact matches
Evans, who is managing broker of Re / Max Coast Mountains in Prince Rupert, B.C., says the
rules banning
dual agency are in response to the real estate scene in the Lower Mainland and that shadow flipping is «impossible» in his area.
The
dual - use
rules come into force immediately, and
agencies will have 90 days to report existing projects of
dual - use risk to their parent
agencies.
However, it was found that Dacas certainly did not
rule out the possibility of
dual contracts existing between a worker and the
agency as well as the end user.
Superintendent Comments This
rule prohibits the practice of
dual agency.
In BC, we expect any day now the Superintendent of Real Estate to release for discussion his proposed «
rules» for
dual agency and double ending.
Realtors should bear in mind as well that in Asia,
dual agency — where one agent represents both buyer and seller — tends to be the
rule rather than the exception.
As a company
rule, we also don't do
dual agency.
Court
rules that failure to attach a
dual agency consent form to purchase and sale agreement did not invalidate the contract, despite the fact that the contract's terms required that the form be attached.
The Commission had
ruled that there had not been a validly executed
dual agency form because both parties did not acknowledge the same form.
To
rule against
dual agency would shut down every real estate office in the country.
Further, the results of the consultation do not demonstrate that the public is concerned with the limitations the
rule would place on consumer choice as the majority of public respondents were in favour of the restriction on
dual agency.»
British Columbia has become the first province to ban
dual agency, with new
rules set to come into force on March 15, 2018.
According to the NAR State Issues Tracker, as of June 2013, «a great majority of the jurisdictions [surveyed](91 percent) * allow
dual agency with appropriate disclosures and accompanying consents» and «Several states»
rules require specific forms or language to be included in a
dual agency agreement.»
British Columbia has become the first province to ban
dual agency, with new
rules set to come into force on March 15, 2018 which will «significantly change the way that real estate services are provided.»
The initial January
rules also placed a narrow exemption on the
dual agency ban for remote areas underserved by licensees and where an alternative to
dual agency would be impracticable.
Those
rules permit different
agency relationships as long as seller's agents and
dual agents disclose their
agency relationship up front.
New
rules forbidding
dual agency (where a real estate licensee represents two parties in a sale) originate from recommendations in a 2016 report of the Independent Advisory Group on Real Estate Regulation in B.C.
The Superintendent has created a
rule to prohibit the practice of
dual agency.
Once the new
Rules take effect on June 15, 2018, will I qualify for the exemption to the
rule prohibiting
dual agency?
The Superintendent has provided a narrow exemption to the
rule prohibiting
dual agency, for rare situations where the trade occurs in remote locations that are under - served by licensees and where an alternative to
dual agency would be impracticable.
Q: When the new
Rules come in to place on June 15, 2018, how will teams be affected by the changes to
dual agency?
Unless you and your managing broker can make a strong argument that all three conditions for the exemption to the
rule prohibiting
dual agency are satisfied, you should not consider providing limited
dual agency.
The Superintendent has created new
Rules that generally prohibit the practice of
dual agency, except in the rarest of circumstances.
create new
rules to address conflicts of interest where a licensee finds themselves potentially working with multiple parties that would constitute
dual agency.
When the new
rules from the Superintendent of Real Estate come into effect on June 15, 2018,
dual agency will be banned in BC — except in very rare cases.
Under the new
Rules,
dual agency, the practice of acting on behalf of both the buyer and seller on the same trade, will be prohibited except in extremely limited circumstances.
Now, the Superintendent of Real Estate has created a
Rule restricting limited
dual agency (except in very limited circumstances).
The Superintendent of Real Estate has created new
Rules that generally prohibit the practice of
dual agency, except in the rarest of circumstances.
To help you understand how to address conflicts of interest when the Superintendent's
Rules banning
dual agency (in most instances) come into effect, we've added new questions and answers to our online FAQ.
Thus, the court affirmed the trial court's
ruling that there was no
dual agency relationship between the parties and thus the Brokerage did not have a heightened disclosure duty that it owed to the Buyers.
This is important because one of the most significant challenges for a licensee in limited
dual agency, where there are two clients, is the conflict between the obligation to disclose to each client all known material information respecting the real estate services, the real estate itself, and the trade in real estate [subsection 3 - 3 (f) of the
Rules], and the obligation to maintain the confidentiality of information respecting each client [subsection 3 - 3 (e) of the
Rules].
In order to comply with the disclosure requirements of section 5 - 10 of the
Rules, appropriate disclosure of the limited
dual agency relationship must be made at the first reasonable opportunity and, where possible, made before either client has disclosed confidential information to the agent.