The contracts are signed
on behalf of the brokerage under the oversight of the brokerage whether the broker owner likes it or not.
Not exact matches
Superyacht —
brokerage dispute: instructed
on behalf of a purchaser
of a multi-million Euro «superyacht» (100 + m) to defend a substantial claim proceeding in (LMAA) arbitration for alleged losses and damage suffered as a result
of an alleged wrongful repudiation
of a written
brokerage agreement and as a result
of alleged breaches
of the Respondent's obligation
of confidentiality arising
under that agreement.
An associate from another
brokerage showed one
of our listings and,
on behalf of a buyer, presented an offer considerably
under the asking price.
As a real estate licensee, Fred should ensure his clients understand which
of his services are regulated
under RESA, which are subject to the Business Practices and Consumer Protection Act, and that any funds he collects
on behalf of the clients will be held by his
brokerage in segregated accounts.
2.18 (1) Subject to subsection (2), an individual who is employed as a caretaker or manager by a strata corporation, or by a
brokerage that provides strata management services to or
on behalf of a strata corporation, is exempt from the requirement to be licensed
under Part 2
of the Act in respect
of collecting strata fees, contributions, levies or other amounts levied by, or due to, the strata corporation
under the Strata Property Act.
(e) a description
of the records that are to be kept by the
brokerage on behalf of the strata corporation, including an indication
of which, if any,
of the records required
under section 35
of the Strata Property Act that the
brokerage will retain
on behalf of the strata corporation;
(a) if the
brokerage is to hold the money
on behalf of the strata corporation, transfer it to an applicable trust account
under subsection (2)(b) or (c), or
(2.1) If a
brokerage receives money that is subject to subsection (2) by means
of direct electronic deposit into a
brokerage trust account that receives funds
on behalf of more than one strata corporation, the money must be transferred to the applicable trust account
under subsection (2) no later than 3 days after the day
on which it was received.
168 DOS 98 Matter
of DOS v. Briggs — due process; failure to appear at hearing; proper business practices; ex partehearing may proceed upon proof
of proper service; licensee changed location
of principal place
of business without notice to DOS and operated a real estate
brokerage business
under an unlicensed name; real estate services rendered
on behalf of an unlicensed entity are illegal; $ 500.00 fine, failure to timely pay fine will result in suspension
If operating
under brokerage agency, this conflict exists either when two different licensees engaged by the listing
brokerage work with the seller and the buyer respectively, or when one licensee (or a team
of licensees) engaged by the listing
brokerage to act
on behalf of the seller / landlord is the same licensee (or team
of licensees) who brings the buyer / tenant to the trade, i.e. a double - ender).
In conjunction with the above, the Rules require that: (1) a
brokerage providing strata management services must establish in its service agreement the
brokerage's scope
of authority to sign cheques and make disbursements
on behalf of its strata corporation clients [section 5 - 1 (5.1)(c)(i)-RSB-; and (2) the service agreement include a
brokerage's authority to transfer amounts between
brokerage trust accounts maintained for the strata corporation
under section 7 - 9 (2)
of the Rules [section 5 - 1 (5.1)(b)(i)-RSB-; Therefore, the Real Estate Council, when investigating complaints or conducting an audit regarding a
brokerage, will look at service agreements to determine a
brokerage's scope
of authority relative to withdrawal
of funds from trust accounts.
Under designated agency, a
brokerage, with the agreement
of these buyers, may appoint different licensees as the designated agents to act
on behalf of these buyers who are interested in purchasing the same property.
Under designated agency, a
brokerage and its clients agree that different licensees engaged by that
brokerage may be designated to act as sole agents
on behalf of clients whose interests may conflict.
It is important to note that the
brokerage has an obligation
under the Council Rules to retain certain records prepared
on behalf of the strata corporation, as originals or as copies
of the originals, for at least 7 years after their creation.
Applicants for licensing who are providing real estate services
under any
of the exemptions listed in the Real Estate Services Regulation (see list below) must either start providing those services
on behalf of their new
brokerage, or stop acting
under the exemption.
Any individual who provides rental property management services to a strata corporation client
on behalf of a
brokerage must also either be licensed to provide rental property management services or be an unlicensed employee
of a
brokerage that is licensed to provide rental property management services, where the employee is acting
under the «Exemption for caretakers employed by
brokerages» in section 2.14
of the Regulation.