However, a licensee must remember that he or she may only provide real estate
services on behalf of the brokerage with which they are engaged.
Only managing brokers, associate brokers, or representatives who are engaged by and licensed to the brokerage may provide real estate
services on behalf of the brokerage.
(3) The fact that a controlling individual is engaged by a personal real estate corporation to provide real estate
services on behalf of a brokerage does not affect
10.6 (1) Despite section 7 (1)(b), (3) and (5) of the Act, a controlling individual may be engaged by a personal real estate corporation to provide real estate
services on behalf of a brokerage, and may receive remuneration in relation to those real estate services from the personal real estate corporation, if all the following requirements are met:
Although an individual strata manager is usually assigned to provide services to the strata corporation, the strata manager is providing
the services on behalf of the brokerage.
RESA also provides that a representative may only provide real estate
services on behalf of the brokerage to which the representative is licensed.
In addition to a managing broker or an associate broker, a representative provides real estate
services on behalf of a brokerage.
Revisit and amend any agreements with third parties to ensure that only licensees are providing real estate
services on behalf of the brokerage.
Not exact matches
The products and
services described above are provided solely on behalf of Fidelity Brokerage Servi
services described above are provided solely
on behalf of Fidelity
Brokerage ServicesServices LLC.
The products and
services described are provided solely on behalf of Fidelity Brokerage Servi
services described are provided solely
on behalf of Fidelity
Brokerage ServicesServices LLC.
Through
brokerage account,
on the other hand, you have to hire the
services of professionals to do the buying and selling
of shares
on your
behalf.
Brokers or dealers executing a portfolio transaction
on behalf of the Funds may receive a commission in excess
of the amount
of commission another broker or dealer would have charged for executing the transaction if the Adviser determines in good faith that such commission is reasonable in relation to the value
of brokerage and research
services provided to the Funds.
In Ontario, only mortgage brokers and agents licensed with the Financial
Services Commission
of Ontario (FSCO) can engage in syndicated mortgage transactions
on behalf of a
brokerage, and only licensed mortgage brokers (not agents) can sign the required investor / lender disclosure statement forms.
Successful representation
of US - based and international clients in federal and state courts in a wide range
of matters, including claims
of breach
of licensing, distribution, franchise, agency,
brokerage, long - term supply and manufacturing
services agreements; cross-border disputes, and trademark infringement actions
on behalf of a fashion house.
However I have seen advertising where a
brokerage that does provide a «mere listing»
service takes it upon themselves to speak
on behalf of competitor brokers, in terms
of the willingness
of competitor
brokerages to generally be interested in an expired «mere posting» type listing.
Since the broker wasn't acting
on behalf of a third party, the court ruled that he wasn't offering
brokerage services and therefore wasn't entitled to any compensation.
Additionally, all money received which represents remuneration for real estate
services, including money received from or
on behalf of another
brokerage, and whether or not the remuneration has already been earned, must be paid into the
brokerage trust account.
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.
discloses in writing to the managing broker
of the related
brokerage that the licensee will be providing rental property management
services on their own
behalf in relation to their own real estate.
Managing brokers should, therefore, be actively involved in the drafting
of the description
of services to be used in the contracts and in reviewing the contracts signed
on behalf of the
brokerage.
discloses in writing to the managing broker
of the related
brokerage that the licensee will be providing rental property management
services on his or her own
behalf in relation to his or her own real estate.
Section 5 - 12
of the Rules requires that a licensee providing rental property management
services and strata management
services must also make disclosure
of any benefits that a
brokerage or licensee anticipates receiving as a consequence
of making expenditures
on behalf of a principal to whom the rental property management or strata management
services are being provided.
Current and former client files, and any confidential information
of those clients, are accessible only to the licensees who currently represent, or in the past represented, those particular clients, and those support personnel in the
brokerage who are involved in providing
services to or
on behalf of those clients.
disclose in writing to the managing broker
of the related
brokerage that the licensee will be providing rental property management
services on their own
behalf in relation to their own real estate or
on behalf of a corporation in which they are the sole shareholder; and
These rental property management
services, like all real estate
services, must be provided in the name
of and
on behalf of a licensed
brokerage.
The individual can not act as an independent contractor providing
services to or
on behalf of the
brokerage.
The
brokerage / team contract must state the team name, that the team members agree to work together
on the team as one designated agent and identify which team members can sign a real estate
service agreement (i.e. SDBA)
on behalf of all other members
on the team.
(a) must not provide real estate
services other than
on behalf of the
brokerage in relation to which they are licensed, and
(a)
brokerage, being a licensee
on behalf of which other licensees must provide real estate
services;
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.
present and sign (outside
of witnessing) any documents relating to a real estate transaction including
service agreements and
brokerage agreements
on behalf of the
brokerage;
In this case, there was no written
service agreement outlining remuneration or even confirming the
brokerage was working
on behalf of the buyer.
Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions
of fact exist as to whether broker was the procuring cause
of a commercial tenant and if there was an implied contract which arose from landlord's acceptance
of the benefits
of broker's
services; broker must plead and prove a contract
of employment, express or implied, and in the absence
of an express contract, an implied contract may be established in some cases by the mere acceptance
of the labors
of the broker; broker failed to establish that it was a third party beneficiary
of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence
of implied contract
of employment with landlord where landlord agreed to indemnify tenant against
brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues
of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers
on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized
Our
services on behalf of this client include portfolio management and strategy, transaction management /
brokerage, lease administration and miscellaneous support
services.
8 - 7.1 (1) A
brokerage must maintain separate books, accounts and other records with respect to each strata corporation to or
on behalf of whom the
brokerage provides strata management
services.
You
service clients
on behalf of your
brokerage.
(2) By agreement between the
brokerage and the client, the
brokerage may designate one or more licensees to provide real estate
services to or
on behalf of a client as a designated agent, and in such a case, the duties referred to in section 3 - 3
(3) If trading
services are provided by a licensee who has been designated to provide those
services as a designated agent to or
on behalf of only one party to a trade in real estate, the only remuneration that must be disclosed is the remuneration paid or payable to the licensee's related
brokerage in relation to the
services provided by that licensee to or
on behalf of that party, and the disclosure must be made in accordance with subsection (2).
(10) Despite subsection (9), the
brokerage may retain sufficient funds to pay outstanding and anticipated invoices related to expenses incurred
on behalf of the strata corporation before the termination
of the
service agreement.
6 - 2 A
brokerage must not provide real estate
services to or
on behalf of any person who is not a principal in relation to the real estate
services unless the person is
(a) keep the managing broker informed
of the real estate
services being provided, and other activities being performed, by the associate broker or representative
on behalf of the
brokerage, and
3 - 3 Subject to sections 3 - 3.1 and 3 - 3.2, if a client engages a
brokerage to provide real estate
services to or
on behalf of the client, the
brokerage and its related licensees must do all
of the following:
Another type
of sole agency, «designated agency», occurs when the
brokerage and the client agree that the
brokerage will designate one or more licensees engaged by that
brokerage to provide real estate
services as sole agent to or
on behalf of the client.
You can not provide any real estate
services unless you are engaged by a
brokerage, and any business that you conduct must be done in the name
of and
on behalf of the
brokerage with which you are engaged.
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
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.
You may only provide
services defined as real estate
services in the name
of and
on behalf of the
brokerage with which you are licensed and you may only receive related remuneration that is first paid into the trust
of your
brokerage — never directly.
Mr. Klatik did not keep his managing broker informed
of the real estate
services he provided and the activities being performed
on behalf of the
brokerage, which contravened section 3 - 2 (2)(a)
of the Council Rules.
Section 7
of RESA establishes that individuals licensed to provide real estate
services must provide those
services in the name
of, and
on behalf of, their related
brokerage.
contract with a
brokerage licensed to provide rental property management
services to manage the unit
on behalf of the strata corporation.