Standard of Practice 16 - 9 says «REALTORS ®, prior to entering into a representation agreement, have an affirmative obligation to make reasonable efforts to determine whether the prospect is subject to a current,
valid exclusive agreement to provide the same type of real estate service.»
Not exact matches
Where parties have entered into an
agreement that confers jurisdiction exclusively on the English Courts to settle any disputes arising under that
agreement, the English Courts will have
exclusive jurisdiction over such disputes (provided the
agreement is
valid under English law).
The validity of the
exclusive choice of court
agreement can not be contested solely on the ground that the contract is not
valid.
In Re Erin Features No. 1 Ltd., 8 the British Columbia Supreme Court held that an
agreement made by Erin Features, which was in bankruptcy, granting
exclusive marketing rights in Canada to Modern Cinema could not be characterized as an executory contract because the film company had»... alienated its property in the film for the purpose of distribution in Canada «9 through a
valid conveyance.
Some sellers might be unsure or confused about the status of an earlier listing
agreement or for some reason might not disclose the existence of a current,
valid exclusive representation
agreement, but you still have the obligation to try to find out.
The Standard of Practice requires REALTORS ® to make reasonable efforts to determine whether the client is subject to another current,
valid,
exclusive agreement prior to the REALTOR ® entering into an agency
agreement or other
exclusive relationship with the client.