If you believe you can fire your real
estate licensee if you are unsatisfied, it unfortunately isn't that simple.
A purchaser may recover in a civil action brought under the Disclosure Act against a real
estate licensee if the licensee fails «to disclose to a purchaser a defect actually known to the real estate licensee prior to the acceptance of an offer to purchase and which were not included in the disclosure statement.»
Not exact matches
Please note that the Commissioner's Rules have the force and effect of law only to real
estate licensees,
if you are referencing @Brian Gibbons post.
An individual licensed in the state within which the board is located or within the state in which the real
estate firm of the REALTOR ® is located shall be deemed to be licensed with a REALTOR ®
if the license of the individual is held by a REALTOR ® or by any broker who is licensed with the REALTOR ®, provided that such
licensee is not otherwise included in the computation of dues payable by a sole proprietor, partner, corporate officer or individual in a position of management control of the entity.
While
licensees are supposed to be responsible for their own real
estate licenses, supervisors need to have systems in place to make sure their people keep up with their licenses and any continuing education requirements — and that
licensees don't continue to work
if a license expires.
For instance, the Professional Standards Manual for BC realtors states that: «When a (real
estate)
licensee refers a client to a financial institution or a mortgage broker, the Registrar of Mortgage Brokers has determined that the
licensee will be considered to have arranged the mortgage
if the
licensee does anything more than provide a name and contact information.
If a
licensee doesn't cooperate, that severely inhibits our ability to regulate the conduct of a real
estate business.
d.
if the
licensee does not hold a real
estate broker or salesperson license for the jurisdiction in which the property is located, the regulatory jurisdiction (s) in which the
licensee does hold a real
estate broker or salesperson license.
Licensees need to be mindful of how they refer to themselves and must take care not to characterize themselves as brokers
if they don't hold a real
estate broker's license.
What
if my state has a «do not call» rule that provides an exemption for real
estate licensees or other real
estate activity exemption?
Indeed, the court found that a real
estate licensee could be liable for unlawful racial steering in violation of the federal Fair Housing Act
if the
licensee provided such information, since this type of information required a subjective decision by the
licensee about what constituted racial or ethnic diversity.
A Florida appellate court has considered whether real
estate licensees in the state owe their clients the common - law fiduciary duties
if the
licensee fails to provide clients a mandated disclosure form describing the duties of limited representation.
In taking advantage of the law, out - of - state
licensees give jurisdiction to the Ohio Real
Estate Commission to come after them
if they violate license requirements while working on a deal.
The court found that
if the Parent was merely using a negotiation tactic and the Parent wasn't performing any acts or services performed by real
estate licensees, then no New Jersey laws would bar the Parent from receiving the Payment.
Real Property Taxation: Real
estate licensees must have a basic understanding of this concept, yet it completely escapes the average politician charged with administering that tax, using the funds from that tax or even being able to account for that tax
if grilled under sworn public testimony.
New York law precludes a real
estate licensee from collecting any part of a commission
if the
licensee has agreed to split the commission with an unlicensed individual.
Section 9 - 2 of the Rules also permit a
licensee to manage rental real
estate owned by a partnership
if the partners are any combination of the
licensee, and the
licensee's spouse, family partner, son, daughter, or parent.
Section 2 of RESA stipulates that, once an individual is licensed under RESA, RESA, the Real
Estate Services Regulation, and the Rules apply to all real estate services that the licensee may provide, even if the real estate services are provided on the licensee's own behalf, are provided for free, or would other wise be e
Estate Services Regulation, and the Rules apply to all real
estate services that the licensee may provide, even if the real estate services are provided on the licensee's own behalf, are provided for free, or would other wise be e
estate services that the
licensee may provide, even
if the real
estate services are provided on the licensee's own behalf, are provided for free, or would other wise be e
estate services are provided on the
licensee's own behalf, are provided for free, or would other wise be exempt.
This conflict may not exist under designated agency
if the other party is able to obtain independent representation through their own designated agent, and
if the client's confidential information has not been and will not be shared with the
licensee who is acquiring, or disposing of the real
estate or a
licensee who is representing that
licensee.
If there is no real
estate component in the sale of a business by assets or sale of 100 % of the shares of the corporation that owns the business, or in circumstances where there is the sale of less than 100 % of the shares,
licensees must advise the party that engages the
licensee to list and sell the business that they are not acting as a
licensee and that the
licensee is not regulated under RESA in relation to the sale, including holding the deposit.
However,
licensees who are members of a real
estate board should check with that board to determine
if it has policies with respect to this disclosure.
Section 5 - 10 of the Rules requires that a
licensee must disclose the nature of the representation that the
licensee will provide and whether,
if applicable, the
licensee or a related
licensee is or expects to provide trading services to or on behalf of another person in relation to the same trade in real
estate, or whether the
licensee or related
licensee expects to receive remuneration from another person in relation to the same trade in real
estate.
Additionally,
if a
licensee intends to dispose of real
estate, the
licensee must also make disclosure to the buyer of the real
estate.
If you have been involved in a trade in real
estate in which you believe a real estate licensee may have acted improperly, or you have engaged a brokerage to provide you with rental property management or strata management services, and believe that licensee has not acted properly, you may contact the Real Estate Council to file a comp
estate in which you believe a real
estate licensee may have acted improperly, or you have engaged a brokerage to provide you with rental property management or strata management services, and believe that licensee has not acted properly, you may contact the Real Estate Council to file a comp
estate licensee may have acted improperly, or you have engaged a brokerage to provide you with rental property management or strata management services, and believe that
licensee has not acted properly, you may contact the Real
Estate Council to file a comp
Estate Council to file a complaint.
If a licensee acquires, directly or indirectly, or disposes of real estate, or if the licensee assists an associate in acquiring, directly or indirectly, or disposing of real estate, section 5 - 9 of the Rules requires that the licensee make a disclosure in writing to the opposite party before any agreement for the acquisition or disposition of the real estate is entered int
If a
licensee acquires, directly or indirectly, or disposes of real
estate, or
if the licensee assists an associate in acquiring, directly or indirectly, or disposing of real estate, section 5 - 9 of the Rules requires that the licensee make a disclosure in writing to the opposite party before any agreement for the acquisition or disposition of the real estate is entered int
if the
licensee assists an associate in acquiring, directly or indirectly, or disposing of real
estate, section 5 - 9 of the Rules requires that the
licensee make a disclosure in writing to the opposite party before any agreement for the acquisition or disposition of the real
estate is entered into.
If you have entrusted money to a real
estate licensee or an unlicensed individual at a real
estate brokerage, and your money has been:
Section 5 - 9 of the Rules exempts a
licensee from the need to make disclosure
if the rental real
estate that is being acquired by the
licensee, or the
licensee's spouse or family partner, complies with the following provisions:
If there is a real
estate component and a licence is required in these circumstances, the licensee must comply with the provisions of the Real Estate Service
estate component and a licence is required in these circumstances, the
licensee must comply with the provisions of the Real
Estate Service
Estate Services Act.
Section 2 of RESA stipulates that, once an individual is licensed under RESA, RESA, the Regulations, and Rules apply to all real
estate services that the
licensee may provide, even
if the real
estate services are provided on the
licensee's own behalf, are provided for free, or would otherwise be exempt.
I also understand and agree that
if accepted for membership, I will pay all dues and fees as are from time to time established, and that the total amount of dues for which I will be personally and individually liable and responsible, as Designated REALTOR ® of the firm or office named herein, shall be in such amount as established annually by the Board of Directors for myself, plus an amount times the number of real
estate licensees or certified appraisers employed by or otherwise affiliated with my firm or office who are not themselves REALTOR ® members of the Association.
For
licensees providing trading services,
if they are acting either as a buyer's agent or as a limited dual agent, they will likely be receiving remuneration from someone other than their buyer client as a result of providing the real
estate services.
Additionally, the
licensee is permitted to manage rental real
estate owned by a corporation
if the shareholders are limited to the
licensee or the
licensee's spouse, family partner, son, daughter, or parent.
Under section 9 - 3 of the Rules, a
licensee may provide strata management services to a maximum of two strata corporations in which the
licensee owns a strata lot without the need to comply with RESA, the Real
Estate Services Regulation, and the Rules,
if the
licensee:
Additionally, a Disclosure of Interest in Trade form must also be completed
if an associate of the
licensee is either acquiring or disposing of real
estate and the
licensee is providing real
estate services to the associate.
In all other situations, a
licensee must either satisfy an exemption or comply with RESA, the Regulations, and the Rules
if the
licensee provides real
estate services.
If the
licensee is managing rental real
estate owned by a corporation, and the
licensee is the only shareholder of the corporation, the
licensee must provide written notice to the
licensee's managing broker that the
licensee will be providing rental property management services to or on behalf of that corporation.
Under section 9 - 1 of the Rules,
licensees who provide rental property management services on their own behalf in relation to their own real
estate, are exempted from RESA, the Regulations, and the Rules
if the
licensee:
If he were not a
licensee, JJJ could be paid for providing strata management services to VIS9999 under the exemption found in Section 2.17 of the Real
Estate Services Regulation (see Exemption # 1 (a) above).
If you feel that a real
estate licensee representing you has not acted in your best interests, or may have otherwise contravened the Real Estate Services Act, contact the Real Estate Council of BC promptly:
[email protected] 1-877-68
estate licensee representing you has not acted in your best interests, or may have otherwise contravened the Real
Estate Services Act, contact the Real Estate Council of BC promptly:
[email protected] 1-877-68
Estate Services Act, contact the Real
Estate Council of BC promptly:
[email protected] 1-877-68
Estate Council of BC promptly:
[email protected] 1-877-683-9664
If a
licensee is to directly or indirectly acquire real
estate, the
licensee must make disclosure of certain information to the seller of the real
estate.
House Bill 1453 and Senate Bill 824 Real
Estate Licensees - Verification of Service Provider Licensing Status states that a licensee of the State Real Estate Commission need not verify that a specified service provider is currently licensed by the state to perform the services if the licensee offers the name of the service provider to a client in the provision of real estate brokerage ser
Estate Licensees - Verification of Service Provider Licensing Status states that a
licensee of the State Real
Estate Commission need not verify that a specified service provider is currently licensed by the state to perform the services if the licensee offers the name of the service provider to a client in the provision of real estate brokerage ser
Estate Commission need not verify that a specified service provider is currently licensed by the state to perform the services
if the
licensee offers the name of the service provider to a client in the provision of real
estate brokerage ser
estate brokerage services.
Section 4 - 6 of the Rules requires that
if real
estate advertising identifies an individual
licensee, this must be done by using the
licensee name of the individual.
This advice would also be applicable
if licensees are involved in the sale of a business that initially involves the sale of assets with a real
estate component which would require a real
estate licence but subsequently changes to the sale of less than 100 % of the shares of the corporation owning the real
estate which would not require a real
estate licence.
(2)... subject to the Rules, this Act applies to every
licensee who provides real
estate services, even
if the
licensee
The fund provides protection
if a member of the public suffers a compensable loss when money entrusted to a real
estate licensee or an unlicensed individual at a brokerage is misappropriated, obtained by fraud, or intentionally not paid over or accounted for.
2.11 A person who is providing trading services only by referring a party to a trade in real
estate to a
licensee, or by referring a
licensee to a party, for the purpose of the
licensee providing trading services, is exempt from the requirement to be licensed under Part 2 of the Act in relation to the person's provision of those referral services
if
The amendments further provide that
licensees must take certain steps
if they are involved in a potential real
estate transaction where an offer to be presented to the seller does not include the Standard Assignment Terms.
If a
licensee is the sole shareholder of a corporation that owns rental real
estate and the
licensee provides rental property management services to the corporation, the
licensee must also provide written disclosure to the
licensee's managing broker that the
licensee will be providing rental property management services to or on behalf of the corporation.
A rental property management service agreement between the brokerage and the client would be necessary, and
if the rent is to be collected by the
licensee, the trust accounting requirements of the Real
Estate Services Act apply.
If a client asks questions about the specific legal implications of particular terms or conditions, the
licensee should explain that a
licensee may not give legal advice and should encourage the client to consult a lawyer familiar with real
estate matters.