(2) The designation of one or more licensees as a designated agent does not constitute dual agency under this section unless the licensee designated as the designated agent represents the parties referred to in paragraph (a), (b), (c) or (d) of the definition of «dual agency» as clients in
respect of a trade in real estate.
A registrant shall use the registrant's best efforts to prevent error, misrepresentation, fraud or any unethical practice in
respect of a trade in real estate.
37 -LRB-(1)» A registrant shall not knowingly make an inaccurate representation in
respect of a trade in Real Estate.»
28 (1) Subject to subsection (3), this section applies to money held or received in
respect of a trade in real estate for which there is an agreement between the parties for the acquisition and disposition of the real estate.
(3) If a client instructs a licensee to withhold a disclosure required by subsection (2), the licensee must refuse to provide further trading services to or on behalf of that client in
respect of the trade in real estate.
3 - 3.2 (1) In this section, «designated agent» means one or more licensees designated by the licensee's or licensees» related brokerage as the exclusive licensee or licensees, of all of the licensees related to that brokerage, to provide real estate services to a client of the brokerage in
respect of a trade in real estate.
(d) 2 or more buyers, lessees or assignees, as the case may be, as clients who have conflicting interests in
respect of the trade in real estate;
designated agent means one or more licensees designated by the licensee's or licensees» related brokerage as the exclusive licensee or licensees, of all of the licensees related to that brokerage, to provide real estate services to a client of the brokerage in
respect of a trade in real estate;
5 - 17 (1) Despite section 5 - 16, a brokerage may engage in dual agency in
respect of a trade in real estate if the real estate is in a remote location that is under - served by licensees and where it is impracticable for the parties to be provided trading services by different licensees.
dual agency means the representation, in
respect of a trade in real estate, by the brokerage of the following:
Section 5 - 13 of the Council Rules also provides that if the client instructs the licensee not to disclose the material latent defect, the licensee must refuse to provide further trading services to the client in
respect of the trade in real estate.
Section 5 - 13 of the Rules also provides that if the client instructs the licensee not to disclose the material latent defect, the licensee must refuse to provide further trading services to the client in
respect of the trade in real estate.
«But the Seller Didn't Want to...» The Council Rules are very clear: If a client instructs the licensee not to disclose a material latent defect, that licensee must refuse to provide further trading services to the client in
respect of the trade in real estate (see Section 5 - 13 of the Council Rules).
Real Estate Services Act: Section 28 of RESA provides that unless other wise expressly agreed to in writing, a brokerage that receives money in
respect of a trade in real estate holds the money as a stakeholder and not as an agent for the buyer or seller.
Not exact matches
the duty to make full disclosure
of all material information you know
of respecting the
real estate services, the property, and any
trade in real estate to which the services relate.
(2) The maximum amount that may be paid under subsection (1)
in respect of a single
trade in real estate is the amount prescribed by regulation.
(e)
respecting the provision
of real estate services to more than one party, including conditions and restrictions applicable to the provision
of trading services to or on behalf
of different parties to a
trade in real estate;
(2) A person who is providing
trading services to or on behalf
of an expropriating authority,
in relation to the expropriating authority's acquisition
of real estate it is authorized to expropriate, is exempt from the requirement to be licensed under Part 2
of the Act
in respect of those services if all the following apply:
Savills plc, the international
real estate advisor, publishes the following Pre-Close
trading update
in respect of the year to 31 December 2017.
(f) without limiting the requirements
of Division 2 [Disclosures]
of Part 5 [Relationships with Principals and Parties], disclose to the client all known material information
respecting the
real estate services, and the
real estate and the
trade in real estate to which the services relate;
(i)
in respect of money held or received on account
of trades in real estate — a separate trust ledger for each
trade in real estate showing all amounts received and disbursed
in relation to the
trade and any unexpended balance
in relation to the
trade;
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].
(a) act
in the best interests
of the client; (b) act
in accordance with the lawful instructions
of the client; (c) act only within the scope
of the authority given by the client; (d) advise the client to seek independent professional advice on matters outside
of the expertise
of the licensee; (e) maintain the confidentiality
of information
respecting the client; (f) without limiting the requirements
of Division 2 [Disclosures]
of Part 5 [Relationships with Principals and Parties], disclose to the client all known material information
respecting the
real estate services, and the
real estate and the
trade in real estate to which the services relate; (g) communicate all offers to the client
in a timely, objective and unbiased manner; (h) use reasonable efforts to discover relevant facts
respecting any
real estate that the client is considering acquiring; (i) take reasonable steps to avoid any conflict
of interest; (j) without limiting the requirements
of Division 2 [Disclosures]
of Part 5 [Relationships with Principals and Parties], if a conflict
of interest does exist, promptly and fully disclose the conflict to the client.