Brian Madigan LL.B., Broker
BRMadigan@iSourceRealEstate.com

RE/MAX West Realty Inc.,
Brokerage
Independently owned and operated

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300
Toll Free: 1-888-507-0817

 

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Posts filed under: Agency

Buyer Representation Agreement: Spousal Coverage

October 29, 2017 - Updated: October 29, 2017Agency

Buyer Representation Agreement: Spousal Coverage Bob the real estate agent takes out his friend Bill to see properties, and has Bill si ...

Tagged with: bra buyer representation agreement spouse definition family law act ontario law

Buyer Representation Agreements and New Home Builders

September 4, 2017 - Updated: September 4, 2017Agency

Enforcing the Buyer’s Representation Agreement when the Buyer Buys Direct from the Builder This situation seems simple enough. ...

Tagged with: bra enforcement new builds new homes application exception agency ontario law

Agent Locked into “Confidentiality” without a Signed Contract

May 10, 2017 - Updated: May 13, 2017Agency

Agent Locked into “Confidentiality” without a Signed Contract Consider the following scenario: · Bob ...

Tagged with: agency no contract duties initial meeting

Compensating the Rural Property Listing Agent for Showings

March 12, 2017 - Updated: March 12, 2017Agency

Compensating the Rural Property Listing Agent for Showings There are several issues which arise in this situation. The probl ...

Tagged with: rural agents referral fees showings buyers cottages chalets hobby farms

Customers in Nova Scotia Real Estate

December 21, 2016 - Updated: December 21, 2016Agency

Customers in Nova Scotia Real Estate In the Province of Nova Scotia, customers are just like Ontario. This is the explanatio ...

Tagged with: customers nova scotia ontario

Transaction Brokerage in Nova Scotia (Just like Multiple Representation

December 21, 2016 - Updated: December 21, 2016Agency

Transaction Brokerage in Nova Scotia (Just like Multiple Representation) Ontario calls it “multiple representation” and No ...

Tagged with: transaction brokerage nova scotia multiple representation ontario

What About Designated Agency for Ontario?

December 21, 2016 - Updated: December 21, 2016Agency

What About Designated Agency for Ontario? Designated Agency Comes to Nova Scotia effective 1 January 2017. Can Ontario be far behind? ...

Tagged with: designated agency common law agency transactional brokerage ontario law

Two Buyers, One Brokerage: A Strategic Alliance

October 14, 2016 - Updated: October 14, 2016Agency

Two Buyers, One Brokerage: A Strategic Alliance A Brokerage may represent two different Buyers interested in the same property. ...

Tagged with: two buyers dual agency strategy multiple representation disclosure ontario law

Two Buyers: Multiple Representation Conflicts and Issues

October 13, 2016 - Updated: October 13, 2016Agency

Two Buyers: Multiple Representation Conflicts and Issues What happens if a Brokerage represents two different Buyers and they are inte ...

Tagged with: two buyers dual agency multiple representation agency code ontario law

Report the Sale of a Principal Residence or Risk the Loss of Exemption

October 6, 2016 - Updated: October 6, 2016Agency

Sales of Principal Residences Must be Reported (New 2016) (Claim it or Lose it?) The federal government has proposed changes ...

Tagged with: principal residence exemption reporting qualification penalties relief

A Very poor Explanation of a Buyer Representation Agreement

October 1, 2016 - Updated: May 9, 2017Agency

A Very Poor Explanation of the Buyer Representation Agreement The Buyer Representation Agreement requires explanation in order to be e ...

Tagged with: contract bra explanation not enforceable ontario law

Signing the Buyer Representation Agreement (A Judge's Advice)

September 30, 2016 - Updated: September 30, 2016Agency

Signing the Buyer Representation Agreement (A Judge’s Advice) We have examined this document many times and INFORMED CONSENT is ...

Tagged with: buyer representation agreement contract non est factum no contract not binding rules to follow ontario law

Commissions and Shortfall of Funds

July 28, 2016 - Updated: July 28, 2016Agency

Protecting Your Commission in the Case of a Shortfall of Funds on Closing Let’s assume that you are the buyer’s agent and ...

Tagged with: agents commission funds shortfall no money on closing trust ontario law

Does the Agent Have to Disclose a Severance Condition?

May 9, 2016Agency

Does the Agent Have to Disclose a Severance Condition? This is a somewhat unique case. An owner severed their exiting lot into two par ...

Tagged with: severance condition agent duty obligation disclosure ontario law

Validity of Unsigned Buyer Representation Agreements

May 2, 2016 - Updated: May 2, 2016Agency

Validity of Unsigned Buyer Representation Agreements From time to time, Buyers’ Agents want to know what they can do if the Buye ...

Tagged with: buyer representation agreement unsigned not signed enforceable verbal implied ontario law

Take the Money and Run: An Ethical Dilemma

April 1, 2016 - Updated: April 1, 2016Agency

Take the Money and Run: An Ethical Dilemma Sometimes a real estate agent will have confidential information. The ethical question is w ...

Tagged with: ethics confidentiality agency disclosure secret information ontario law

Agent Fails to Determine HST Implications (RECO Discipline)

March 7, 2016 - Updated: March 7, 2016Agency

Agent Fails to Determine HST Implications (RECO Discipline) This particular situation is relatively straightforward. The HST implicati ...

Tagged with: discovery of facts hst no referral accountant reco discipline ontario law

Who Should be Authorized to Receive Notices By Email?

March 7, 2016 - Updated: March 7, 2016Agency

Who Should be Authorized to Receive Notices By Email? Question: The NOTICES clause in Agreement of Purchase and Sale Form 1 ...

Tagged with: notices email brokerage salesperson

Once a Grow House, it’s still was a Grow House (RECO Discipline)

February 19, 2016 - Updated: February 19, 2016Agency

Once a Grow House, it’s still was a Grow House (RECO Discipline) Agent Responsible for False Representation This parti ...

Tagged with: grow house discipline

New Builds - Protecting the Buyer's Representative

February 17, 2016Agency

Buyer’s Rep should Sign Commission Agreement and CCR with Builder Question: I am a Buyer’s representative and I ...

Tagged with: bra ccr commission agreemet new builds direct builder condo reco ontario law

No Double Dipping!

November 29, 2015 - Updated: November 29, 2015Agency

Under discussion at the moment is the matter of designated agency. It is being suggested as a possible solution to some current agency problems. ...

Tagged with: agency duties fiduciaries conflict law ontario

Local Agents and Their "Value"

October 26, 2015 - Updated: October 26, 2015Agency

Local Agents and their “Value” There is always a caution for agents not to step out of their area. It’s im ...

Tagged with: agents local area expertise ontario law

4 Principles of Real Estate Agency Obligations

September 14, 2015 - Updated: September 14, 2015Agency

4 Principles for Fiduciaries It is often important to have a quick “go to” summary as a refresher for legal principles. ...

Tagged with: agency fiduciary duties 4 principles daltri ontario law

Additional Statutory Duties Owed to Clients

September 12, 2015 - Updated: September 12, 2015Agency

Clients and Customers Are there any specific duties and obligations owed to Clients that are not owed to Customers under the Act and t ...

Tagged with: clients customers extra duties additional obligations ontario law

The 7 Elements of Disclosure Prior to Consumer Engagement

September 9, 2015 - Updated: September 9, 2015Agency

7 Elements of Disclosure for Consumers In accordance with the law, there are 7 matters which must be covered by the real estate profes ...

Tagged with: consumer protection agency services levels explanation duties code of ethics rebba ontario law

Buyer Representation

June 23, 2015 - Updated: June 23, 2015Agency

Buyer Representation Agreement (Ontario) Explained by Brian Madigan This is now in Kindle book format which can be acquired through Am ...

Tagged with: amazon book buyer representation bra agency ontario explanation

eBag from Brian Madigan for RECLIVE 2015

June 7, 2015 - Updated: June 7, 2015Agency

RECLIVE 2015 Brian Madigan eBag for the Event Here are two articles, the long versions explaining: Buyer Repre ...

Tagged with: reclive 2015 real estate corner facebook

Buyer Customer Service Agreement -Brian Madigan - Explained

June 5, 2015 - Updated: June 5, 2015Agency

Buyer Customer Service Agreement – Brian Madigan - Explained Be careful about printing this, it will run over 35 pages. This is ...

Tagged with: buyer customer service agreement contract expalined explanation brian madigan code of ethics rebba 2002 ontario law

Buyer Customer Service Agreement (Part 17) - ACKOWLEDGEMENT

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement (Part 17) – Acknowledgement We will review the “Acknowledgement” provision in ...

Tagged with: buyer customer service acknowledgement ontario law

Buyer Customer Service Agreement (Part 16) - DECLARATION of INSURANCE

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement - Declaration of Insurance We will review the “Declaration of Insurance” provision in the ...

Tagged with: buyer customer service contract insurance declaration evidence ontario law

Buyer Customer Service Agreement (Part 15) - EXECUTION

June 2, 2015Agency

Buyer Customer Service Agreement- Execution of the Document We will review the “Execution” provision in the Customer Servi ...

Tagged with: buyer customer service contract signing seel execution ontario law

Buyer Customer Service Agreement (Part 14) - RESTATED MANDATE

June 2, 2015Agency

Buyer Customer Service Agreement – Restated MANDATE We will review the “Restated MANDATE” provision in the Customer ...

Tagged with: customer service contract mandate revised restated ontario law

Buyer Customer Service Agreement (Part 13) -SCHEDULE(S)

June 2, 2015Agency

Buyer Customer Service Agreement – Schedule(s) We will review the “Schedule(s)” provision in the Customer Service ag ...

Tagged with: customer service contract buyer scheduke ontario law

Buyer Customer Service Agreement (Part 12) - ELECTRONIC COMMUNICATION

June 2, 2015Agency

Buyer Customer Service Agreement - Electronic Communication We will review the “Electronic Communication” provision in the ...

Tagged with: buyer customer service contract orea form rebba 2002 electronic communication ontario law

Buyer Customer Service Agreement (Part 11) - CONFLICT or DISCREPANCY

June 2, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement- Conflict or Discrepancy We will review the “Conflict or Discrepancy” provision in the Cu ...

Tagged with: buyer customer service contract code of ethics conflict discrepancy ontario law

Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 10) – USE and DISTRIBUTION of INFORMATION We will review the “Use and Distribution of Inf ...

Tagged with: buyer customer service contract use distribution information code rebba ontario law

Buyer Customer Service Agreement (Part 9) – CONSUMER REPORTS

June 1, 2015 - Updated: June 2, 2015Agency

Buyer Customer Service Agreement (Part 9) – Consumer Reports We will review the “Consumer Reports” provision in the ...

Tagged with: customer service contract code of ethics rebba 2002 ontario law

Buyer Customer Service Agreement (Part 8) - FINDERS FEE

June 1, 2015 - Updated: June 1, 2015Agency

Buyer Customer Service Agreement (Part 8) - FINDERS FEE We will review the “Finders Fee” provision in the Customer Service ...

Tagged with: customer service no agency contract code of ethics finders fee ontario law

Buyer Customer Service Agreement (Part 7) - INDEMNIFICATION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 7) - INDEMNIFICATION We will review the “Indemnification” provision in the Cu ...

Tagged with: customer service no agency indemnification code of ethics ontario law

Buyer Customer Service Agreement (Part 6) - REPRESENTATION and CUSTOMER SERVICE

June 1, 2015Agency

Buyer Customer Service Agreement- REPRESENTATION AND CUSTOMER SERVICE We will review the “Representation and Customer Service&rd ...

Tagged with: customer service not agent no agency rebba 2002 ontario law

Buyer Customer Service Agreement (Part 5) - COMMISSION

June 1, 2015Agency

Buyer Customer Service Agreement (Part 5) - COMMISSION We will review the “Commission” provision in the Customer Service a ...

Tagged with: buyer customer service agreements rebba ontario law

Buyer Customer Service Agreement (Part 4) - DEFINITIONS

May 31, 2015Agency

Buyer Customer Service Agreement (Part 4) – DEFINITIONS We will review the “Definitions” in the Customer Service ag ...

Tagged with: buyer customer service definitions ontario law

Buyer Customer Service Agreement (Part 3) - The MANDATE

May 31, 2015 - Updated: May 31, 2015Agency

Buyer Customer Service Agreement (Part 3) - The Mandate We will review the “ Mandate” provisions in the Customer Service a ...

Tagged with: buyer customer service agreement code of ethics rebba not agent ontario law

Buyer Customer Service Agreement (Part 2) - PARTIES

May 31, 2015 - Updated: May 31, 2015Agency

Buyer Customer Service Agreement – PARTIES We will review the “Customer Service” agreement in detail. My comments wi ...

Tagged with: customer service agreement rebba agency non agency ontario law

Buyer Customer Service Agreement - What is a CUSTOMER?

May 29, 2015 - Updated: June 5, 2015Agency

Buyer Customer Service Agreement – What is a CUSTOMER? We are going to examine the Buyer Customer Service Agreement. In doing so ...

Tagged with: orea customer service. rebba 2002. co9der of ethics ontario law

Correct Documentation for Multiple Buyers in Bidding Wars

May 1, 2015 - Updated: May 2, 2015Agency

Correct Documentation for Multiple Buyers in Bidding Wars With bidding wars increasingly more common and even spreading out of the GTA ...

Tagged with: bidding wars multiple representation dual agency two buyers conflict forms ontario

Brian Madigan's MULTIPLE BUYER DISCLOSURE and CONSENT FORM

April 30, 2015 - Updated: April 30, 2015Agency

Multiple Buyer Disclosure and CONSENT BROKERAGE:................................................................................ ...

Tagged with: multiple represenation disclosure buyers consent ontario law

Buyer Representation Agreement - Brian Madigan - Review and Explanation

April 17, 2015 - Updated: April 22, 2015Agency

Buyer Representation Agreement Explained (Ontario) Be careful about printing this, it will run over 70 pages. This is the long versio ...

Tagged with: bra ontario full document review brian madigan buyer representation agreement

Buyer Representyation Agreement Explained (Ontario) Part 19 - ACKNOWLEDGEMENT

April 17, 2015 - Updated: April 17, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 19 – ACKNOWLEDGEMENT Here is the portion of the paragraph dealing with t ...

Tagged with: buyer representation agreement bra explain agency ontario law acknowledgement

Buyer Representation Agreement Explained (Ontario) Part 18 - DECLARATION of INSURANCE

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 18 – DECLARATION of INSURANCE Here is the portion of the paragraph deali ...

Tagged with: buyer representation agreement bra agency explanation declaration insurance ontario law

Buyer Representation Agreement Explained (Ontario) Part 17 - EXECUTION by BUYER

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 17 –EXECUTION by BUYER Here is the portion of the paragraph dealing with ...

Tagged with: buyer representation agreement bra ontario explanation execution buyer ontario law

Buyer Representation Agreement Explained (Ontario) Part 16 - EXECUTION by BROKERAGE

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 16 –EXECUTION by BROKERAGE Here is the portion of the paragraph dealing ...

Tagged with: buyer representation agreement bra explanation ontario law execution

Buyer Representation Agreement Explained (Ontario) Part 15 - SCHEDULES

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 15 SCHEDULE(S) Here is the portion of the paragraph dealing with Schedules. ...

Tagged with: buyer representation agreement bra ontario law explanation schedule

Buyer Representation Agreement Explained Part 14 - ELECTRONIC COMMUNICATION

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 14 ELECTRONIC COMMUNICATION Here is the portion of the paragraph dealing with ...

Tagged with: buyer representation agreement bra agency explanation electronic communication ontario law

Buyer Representation Agreement Explained (Ontario) Part 13 -CONFLICT or DISCREPANCY

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 13 CONFLICT or DISCREPANCY Here is the portion of the paragraph dealing with C ...

Tagged with: buyer representation agreement conflict discrepancy agency explained ontario law

Buyer Representation Agreement Explained (Ontario) Part 12 USE and DISTRIBUTION of INFORMATION

April 14, 2015 - Updated: April 14, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 12 USE and DISTRIBUTION of INFORMATION Here is the portion of the paragraph de ...

Tagged with: buyer representation agreement bra agency explanation ontario information distribution laws

Buyer Representation Agreement Explained (Ontario) Part 11 CONSUMER REPORTS

April 14, 2015 - Updated: April 14, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 11 CONSUMER REPORTS Here is the portion of the paragraph dealing with Consumer ...

Tagged with: buyer representation agreement bra agency ontario law explanation consumer reports

Buyer Representation Agreement Explained (Ontario) Part 10 - FINDERS FEE

April 13, 2015 - Updated: April 22, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 10 FINDERS FEE Here is the portion of the paragraph dealing with the Finders F ...

Tagged with: buyer represenation agreement fee finder fee finders fee agency bra ontario law

Buyer Represenation Agreement Explained (Ontario) Part 9 INDEMNIFICATION

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 9 INDEMNIFICATION Here is the portion of the paragraph dealing with Indemnific ...

Tagged with: buyer representation agreement bra agency ontario law indemnification disclaimer

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES Here is the portion of the paragraph dealing with Ref ...

Tagged with: buyer representation agreement agency bra ontario law referral of properties

Buyer Representation Agreement Explained (Ontario) Part 7C CUSTOMER SERVICE

April 12, 2015 - Updated: April 12, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 7C CUSTOMER SERVICE Here is the portion of the paragraph dealing with multiple ...

Tagged with: buyer representation agreement bra ontario agency explanation customer service law

Buyer Representation Agreement Explained (Ontario) Part 7B MULTIPLE REPRESENTATION

April 12, 2015 - Updated: April 12, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 7B MULTIPLE REPRESENTATION Here is the portion of the paragraph dealing with m ...

Tagged with: buyer representation agreement bra agency explanation ontario law multiple representation

Buyer Representation Agreement Explained (Ontario) Part 7 REPRESENTATION

April 10, 2015 - Updated: April 10, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 7A REPRESENTATION We will review this paragraph in three sections, namely, rep ...

Tagged with: buyer representation agreement bra ontario orea form explanation representation

Buyer Representation Agreement Explained (Ontario) Part 6C COMMISSION- HOLDOVER CLAUSE

April 9, 2015 - Updated: April 10, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6C COMMISSION-HOLDOVER CLAUSE Here is the part of the Agreement dealing with ...

Tagged with: buyer representation agreement br agency ontario explanation commission holdover clause law

Buyer Representation Agreement Explained (Ontario) Part 6B COMMISSION-PRICE

April 9, 2015 - Updated: April 10, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6B COMMISSION-PRICE We will tackle this paragraph in two steps. The first part ...

Tagged with: buyer representation agreement bra agency onatrio commission price law

Buyer Representation Agreement Explained (Ontario) 6A COMMISSION

April 8, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6A COMMISSION We will tackle this paragraph in two steps. The first part runs ...

Tagged with: buyer representation agreement bra agency ontario explanation commission

Buyer Representation Agreement Explained (Ontario) Part 5 DEFINITIONS

April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 5 DEFINITIONS There is a section dealing with Definitions and it reads like this: ...

Tagged with: buyer representation agreement bra onatrio orea form explanation definitions interprestations agency

Buyer Representation Agreement Explained (Ontario) Part 4 Representation

April 7, 2015 - Updated: April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 4 Representation REPRESENTATION The following representation is the ...

Tagged with: buyer representation agreement bra onatrio orea form explanation statement by buyer agency

Buyer Representation Agreement Explained (Ontario) Part 3 APPOINTMENT

April 7, 2015 - Updated: April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 3 APPOINTMENT This is the part of the Buyer Representation Agreement dealing w ...

Tagged with: buyer representation agreement bra. ontario agency. appointment

Buyer Representation Agreement Explained (Ontario) Part 2 PARTIES

April 6, 2015 - Updated: April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 2 The Parties This is the commencement of the BRA document: ...

Tagged with: buyer representation agreement bra ontario review explanation orea form

Buyer Representation Agreement Explained (Ontario) Part 1

April 6, 2015 - Updated: April 6, 2015Agency

Buyer Representation Agreement Explained (Ontario) It is sometimes difficult to understand and appreciate legal contracts, particularl ...

Tagged with: buyer representation agreement bra agency appointment fiduciary duties orea form

Evolving Duties and Responsibilities of Agents

October 16, 2014 - Updated: October 16, 2014Agency

The Evolving Duties and Responsibilities of “Agents” There are five primary sources of new legal developments for real es ...

Tagged with: agents duties responsibilities change progression rebba ontario law

Listing Agent Cannot Act for Buyer without Seller's Consent

August 13, 2014 - Updated: August 13, 2014Agency

Can Your Agent Switch Sides and Act for the Buyer? The quick answer is “no”. The problem is that this “imp ...

Tagged with: fiduciary duties conflict buyer seller clients multiple representation agency ontario law

Good After Market Service Can Keep You out of Trouble

August 6, 2014 - Updated: August 6, 2014Agency

Strive for Excellence in After Market Service Question So, here’s a problem. You are a real estate agent and you act ...

Tagged with: buyers agent bra leak basement liability

Should You Have 10 Agents or Just 1 ?

July 21, 2014 - Updated: July 21, 2014Agency

Which is better? You might think 10. In fact, that’s what most people think. In reality, you are probably better off with one g ...

Tagged with: agency buyer representation ontario law

Powers of Attorney in Ontario

July 17, 2014 - Updated: July 17, 2014Agency

Powers of Attorney Basically, there are two kinds of Powers of Attorney: Personal Care, General for Assets. ...

Tagged with: powers of attorney personal care general assets ontario

Cancellation of the Listing ~ Is it Over?

July 17, 2014Agency

Full or Partial: Cancellation of the Listing ~ Is it Over? Maybe not! You negotiated and signed a Cancellation with your fir ...

Tagged with: listing cancellation termaination full partial release orea ontario law

Issue: Double-Ending in a Bidding War

May 2, 2014 - Updated: May 3, 2014Agency

The Double-Ending Listing Agent in a Bidding War Now, that’s UNFAIR. As you know, we have a “hot market” i ...

Tagged with: double end commission bidding war listing agent selling agent ontario law

Commissions: Do They Create a Liability for the Vendor?

April 21, 2014 - Updated: April 21, 2014Agency

Liability for the Payment of Commission If the deal doesn’t close, does the vendor have to pay a commission? If, the deal didn&r ...

Tagged with: listing agreement commission obligation liability payment vendor ontario law

Problems with the First Class Professional Service ~ Agency

February 18, 2014 - Updated: February 19, 2014Agency

Agency and The Lack of Professionalism The premium, gold standard, first class level of service in the real estate business is &ldquo ...

Tagged with: agency non agency client customer orea reco rebba ontario law

Buying a Ticket to “Steerage Class” at an Open House

February 17, 2014 - Updated: February 17, 2014Agency

Are you a client or a customer? Previously, we spoke about the two classes of services available from the real estate profession: ...

Tagged with: clients customers open house fiduciary duties agency rebba ontario law

Being a Good Agent is the Death Knell to Customer Service

February 10, 2014 - Updated: February 10, 2014Agency

Don’t forget that “customer service” is a term of art in the real estate business. Previously, I have referred to it as travel ...

Tagged with: good agent client customer agency non agency facts information advice suggestions recommendations ontario law

Levels of Service Are Problematic in Real Estate

February 10, 2014 - Updated: February 10, 2014Agency

Clients (First Class) and Customers (Steerage) in Real Estate Transactions As many times as I have heard the explanation, I still find ...

Tagged with: clients customers agency non-agency first class steerage ontario law

The Real Issue with Dual Agency

January 22, 2014 - Updated: January 22, 2014Agency

We looked at the case of Partners Realty v. Morrow, a decision of the Ontario Superior Court of Justice rendered on 9 January 2014 by Justice Po ...

Tagged with: double agency no contract ontario law

Pocket Listings are fraught with problems for the Unsuspecting Agent

November 19, 2013 - Updated: November 19, 2013Agency

The Risk of the Pocket Listing It’s not unusual in the field of commercial real estate for agents to be carrying around a few po ...

Tagged with: pocket listing exclusive mls agency ontario law

Fiduciary Duties and Obligations in Canada

August 7, 2013 - Updated: August 7, 2013Agency

Fiduciary Duties and Obligations in Canada The case of Hodgkinson v. Simms (1994) in the Supreme Court of Canada is the landmark case ...

Tagged with: fiduciary duties obligations code of ethics requirements proof damages ontario law

Agency for an Undisclosed Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of agency occurs quite frequently. It’s usually employed in land assemblies. The real purchaser wants his identity protected. He ...

Tagged with: agency undisclosed principal rights duties third party ontario law

Agency for Fictitious Principals and Non-Existent Principals

July 31, 2013 - Updated: July 31, 2013Agency

On occasion, an agent will over-represent their authority. They will not be authorized to act. Their former authority may have expired or been t ...

Tagged with: no agency fictitious principal non-existent principal ontario law

Agency without Disclosure

July 31, 2013 - Updated: July 31, 2013Agency

This situation is one that arises with relative frequency. The Agent (A) truly is an agent of the Principal (P), but just never tells ...

Tagged with: agency no agency disclosed identified communicated ontario law

Agency with a Known, Disclosed, Identified Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of situation is by far the most common commercial arrangement. For one reason or another, the Principal (P) is unable or una ...

Tagged with: agency disclosed principal known identified ontario law

Agency by Ratification (Ontario Law)

July 30, 2013 - Updated: July 30, 2013Agency

Agency by Ratification Explained In this circumstance, we start out with an Agent (A) who has no authority to act on behalf of the Pri ...

Tagged with: agency ratification transfer assignment release of agent

Agency By Necessity

July 26, 2013 - Updated: July 26, 2013Agency

Agency by necessity doesn’t really arise very often today, but, it’s still an important aspect to understand in order to fully appre ...

Tagged with: agency necessity operation of law ontario

Agency Created by Estoppel

July 26, 2013 - Updated: July 26, 2013Agency

The very difficult issues raised in the area of agency are the ones that are not quite so clear. Here, the agent is not appointed by an express ...

Tagged with: agency conduct estoppel principal agent third party ontario law

Agency Relationship in Law

July 24, 2013 - Updated: July 24, 2013Agency

An agent is engaged to carry out a particular delegated task. Provided the agent is acting within the scope of his duties the contract with a th ...

Tagged with: agency real estate agent law ontario

Fundamentals of Agency Law

July 23, 2013 - Updated: July 23, 2013Agency

Cicero, Roman Lawyer Agency is an interesting part of the law. It has grown out of many different fields of law and now forms a fairly ...

Tagged with: agency law fundamentals basic principal agent third party history

Is Limited Dual Agency a Solution?

July 15, 2013 - Updated: July 15, 2013Agency

Limited dual agency is some jurisdictions is “all the rage”. Limited dual agency is simply a justification for double-endi ...

Tagged with: dual agency limited conflict concerns

Dual Agency: Some Concerns and Issues

July 14, 2013 - Updated: July 14, 2013Agency

The entire matter of dual agency in real estate practice remains problematic. How can an agent have two masters? It just doesn’t ...

Tagged with: dual agency multiple representaion issues concerns rebba

Tricky Moves in the Real Estate Business

July 10, 2013 - Updated: July 10, 2013Agency

So, you thought you had an agent? Only one little problem, your agent takes all your secrets and immediately tells the other side. And ...

Tagged with: agency tricks seller 2 agents none for buyer rebba 2002

Outright Lies by Agents are often Encouraged by Law

July 9, 2013 - Updated: August 22, 2016Agency

You might find it interesting that some agents were charged with the responsibility to deceive. That seems a little odd at the outset ...

Tagged with: agency fiduciary duties doctors hippocratic oath obligations disclosure best interests

Dual Agents and Conflicts of Interest in Ontario

July 9, 2013 - Updated: July 9, 2013Agency

There is a substantial risk of a conflict of interest and the real estate profession has really not stepped up to the plate and recognized it, a ...

Tagged with: dual agent conflict of interest negotiator mediator

Buyer's Agency and Some Concerns

July 8, 2013 - Updated: July 8, 2013Agency

There is a significant and important trend in the real estate industry towards buyer's agency. You may recall that many agents ent ...

Tagged with: buyer agency bra representation code of ethics rebba 2002

Agency Law – Its Origins and History

July 3, 2013 - Updated: July 3, 2013Agency

One of the first recorded documents dealing with the law of agency, is the Code of Hammurabi. Hammurabi was the sixth King of Babylon ...

Tagged with: agency law code hammurabi

Beware of Double Agents in the Real Estate Business!

July 1, 2013 - Updated: October 24, 2016Agency

This word of caution does not simply apply in the world of espionage. There was a case of a young, single mother who finally saved up ...

Tagged with: agency sub-agency duties owed to vendor seller no one acting for buyer ontario law

Real Estate Agents and the Doctrine of “Loyalty”

June 30, 2013 - Updated: June 30, 2013Agency

You might question the matter of loyalty when it comes to your real estate agent. The basic common law of agency is the same whether w ...

Tagged with: agency rebba 2002 loyalty examples common law

Statutory Duties of Real Estate Agents in Ontario

June 29, 2013 - Updated: June 29, 2013Agency

There are some basic duties that are owed by an agent to his principal. They have been part of the law of agency for thousands of years and more ...

Tagged with: agency statutory duties code of ethics ontario law

Designated Agency: a Short Reprieve for Double Dipping

June 28, 2013 - Updated: June 28, 2013Agency

Designated agency may be a way to save the real estate “profession”. It is being suggested as a possible solution to some current ag ...

Tagged with: designated agency dual agency multiple conflict solution

Real Estate Agency in Ontario ~ An Explanation

June 27, 2013 - Updated: June 27, 2013Agency

The law of agency is often difficult to understand. Sometimes, it is very easy to get caught up with the law of agency as it applies t ...

Tagged with: agency real estate ontario explanation rebba 2002

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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