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

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

96 Rexdale Blvd. 
Toronto, Ontario 


Phone: 416-745-2300

Cell: 647-404-8150 
Toll Free: 1-888-507-0817

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Posts filed under: Discipline (Agents)

Agent Breaks into House with Home Inspector and Buyer

April 17, 2017 - Updated: April 17, 2017Discipline (Agents)

Agent Breaks Into House with Home Inspector and Buyer As strange as it may seem that’s exactly what one agent did. The Agr ...

Tagged with: reco breaking and entering trespass ontario law

Agent Misses the Parking Pad Agreement

April 15, 2017 - Updated: April 15, 2017Discipline (Agents)

Agent Misses the Parking Pad Agreement This situation was simple enough. Bob acted for Bill in the sale of his property. There was a mut ...

Tagged with: reco discipline parking pad mutual driveway error too late to sue ontario law

Agent Fails to Pay Referral Fee

April 14, 2017 - Updated: April 15, 2017Discipline (Agents)

Agent Fails to Pay Referral Fee Steve acted for his two buyers, Albert and Jane. He had a loyalty agreement signed, better known as a Bu ...

Tagged with: reco discipline agent fails to pay fee ontario law

$500 Per Minute Fine for Breaking and Entering

March 30, 2017 - Updated: March 30, 2017Discipline (Agents)

$500 Per Minute Fine for Breaking and Entering Relatively, that's a very light fine for breaking and entering which is a Criminal ...

Tagged with: breaking and entering fine key lockbox code release reco discipline ontario law

Agent Says - You Can't Keep Me Out - If Necessary I'll Break in

January 2, 2017 - Updated: January 2, 2017Discipline (Agents)

Agent Says “You Can’t Keep Me Out - If Necessary I’ll Break In” This is a RECO Discipline case, and as crazy a ...

Tagged with: reco discipline agent break and enter trespass ontario law

Agent Fails to Disclose Marihuana Grow House to Own Client

January 2, 2017 - Updated: January 3, 2017Discipline (Agents)

Agent Fails to Disclose “Marihuana Grow House” to Own Client This is difficult to believe but it’s true. This matter ...

Tagged with: disciplne disclosure concealment agent fiduciary duties code of ethics breach reco discipline ontario law

Agent Makes Investment Property Errors (RECO Discipline)

October 26, 2016 - Updated: October 26, 2016Discipline (Agents)

Agent Makes Investment Property Errors (RECO Discipline) This is another RECO Discipline Case. In this situation, Wilma Flintstone mad ...

Tagged with: fail to pay deposit signed clients name no permission witnessed false occupancy statement reco discipline ontario law

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline)

October 25, 2016 - Updated: October 25, 2016Discipline (Agents)

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline Barney Noble had a listing of a condominium. His friend ...

Tagged with: agent backdates witnesses not present reco discipline ontario law

Agent Lists, Buys, Renovates but Never Closes Deal (RECO Discipline)

October 24, 2016 - Updated: October 24, 2016Discipline (Agents)

Agent Lists, Buys, Renovates but Never Closes Deal (RECO Discipline) The Regulator for the real estate industry, the Real Estate Counc ...

Tagged with: agent fails to protect client best interests rebba code of ethics reco discipline fine

No Explanation of Services - Agent Faces Penalty

October 20, 2016 - Updated: October 20, 2016Discipline (Agents)

No Explanation of Services – Agent Faces Penalties This situation is a little different, but unfortunately, somewhat commonplace ...

Tagged with: no explanation. agency working with realtor client services customer services code of ethics ontario law

Agent Let Insurance Lapse (RECO Discipline)

October 19, 2016 - Updated: October 19, 2016Discipline (Agents)

Agent Let Insurance Lapse (RECO Discipline) The agent who let his insurance lapse was quite fortunate. He overlooked paying it, receiv ...

Tagged with: no insurance lapsed policy reco discipline ontario law

Agent Who Steals Gets Licence Restored by LAT

September 14, 2016 - Updated: September 14, 2016Discipline (Agents)

Agent Who Steals Gets Licence Restored by LAT The agent in this case stole batteries and $200 to $300 in cash. He was caught on video. ...

Tagged with: discipline. licence revocation reco lat theft ontario law

Two Agents Conspire to Break into Seller's House (RECO Discipline)

August 16, 2016 - Updated: August 16, 2016Discipline (Agents)

Two Agents Conspire To Break Into Seller’s House (RECO Discipline) This might seem to be an episode of the “Keystone Cops& ...

Tagged with: discipline break and enter trespass no permission no consent buyer visit ontario law

Sorry, Just Moving In! (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Sorry, Just Moving In! (RECO Discipline) This is just one more “trespassing case”. Here, the Buyers had a deal a ...

Tagged with: discipline unauthorized access lock box moving reco ontario law

Another Trespassing Case (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Another Trespassing Case The Real Estate Council of Ontario looked at another “no trespassing” case this Spring. ...

Tagged with: discipline trespass lock box reco ontario law

Permission to Trespass - Not Allowed (RECO Discipline)

August 11, 2016 - Updated: August 11, 2016Discipline (Agents)

Permission to Trespass – Not Allowed (RECO Discipline) This is somewhat interesting. If you happen to be a Buyer’s agent a ...

Tagged with: give lockbox code trespass no authority not allowed code of ethics ontario law

Tell Everyone About Commission Reduction Proposal: RECO Discipline

August 10, 2016 - Updated: August 11, 2016Discipline (Agents)

Tell Everyone About Commission Reduction Proposal: RECO Discipline Betty Crocker was the Listing Agent and hosted a bidding war. ...

Tagged with: commission reduction not disclosed discipline rebba 2002 ontario law

Agent Fails to Explain Commission Reduction Properly: Faces Discipline

August 10, 2016 - Updated: August 10, 2016Discipline (Agents)

Agent Fails to Explain Commission Reduction Properly: Faces Discipline The Real Estate Council of Ontario just looked at a case involv ...

Tagged with: agent commission reduction incorrect information no informed consent rebba 2002 ontario law

Agent Thwarted in Attempt to Cheat Homeowner (Discipline)

August 2, 2016 - Updated: August 2, 2016Discipline (Agents)

Agent Thwarted in Attempt to Cheat Homeowner (Discipline) This is an interesting case where the agent attempted to take advantage of t ...

Tagged with: agent tries to buy property agency discipline deception ontario law

Agent Disciplined for Series of Inconsistent Listings (SOLD over ASKING)

July 25, 2016 - Updated: July 25, 2016Discipline (Agents)

Agent Disciplined for Series of Inconsistent Listings (SOLD over ASKING) The Real Estate Council of Ontario just imposed an $8,000.00 ...

Tagged with: agent listings exclusive mls no match inconsistent reco discipline

Agent Penalized for Failing to Attend Home Inspection

July 22, 2016 - Updated: July 22, 2016Discipline (Agents)

Agent Penalized for Failing to Attend Home Inspection The Buyer’s representative sent her own relative to attend a home inspecti ...

Tagged with: agent discipline no show home inspection buyers agent gave out lockbox ontario law

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway

July 14, 2016 - Updated: July 14, 2016Discipline (Agents)

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway This is an interesting situation. Fred Flintstone took a lis ...

Tagged with: agent discipline reco parking pad mutual driveway ontario law

Agent Fails to Properly Identify Seller (RECO Discipline

March 23, 2016 - Updated: March 23, 2016Discipline (Agents)

Agent Fails to Properly Identify Seller (RECO Discipline) This particular matter would be easy to solve for the Listing Agent. Simply ...

Tagged with: identity seller discovery facts material reco. discipline

Agent Fails to be Present as Witness (RECO Discipline)

March 22, 2016 - Updated: March 22, 2016Discipline (Agents)

Agent Fails to be Present as a “WITNESS" (RECO Discipline) This is somewhat interesting. The Agent, Bruce Wayne “witn ...

Tagged with: witness not present authenticate untruthful reco discipline

Agent Tries to Convince Buyer to Use Oklahoma Deal (RECO Discipline)

March 22, 2016 - Updated: March 22, 2016Discipline (Agents)

Agent Tries to Convince Buyer to Use Oklahoma Deal (RECO Discipline) This was a rather interesting case. The agent, Bruce Wayne had a ...

Tagged with: oklahoma deal reco discipline mortgage fraud. ontario law

Agent Fails to Check Tenant's Credit (RECO Discipline)

March 15, 2016 - Updated: March 16, 2016Discipline (Agents)

Check Prospective Tenant’s Credit Before Occupancy(RECO Discipline) In this case, William Ashmeade was both the real estate agen ...

Tagged with: discipline discovery facts reco credit tenant

Agent Fails to Specify Rental Items in Agreement (RECO Discipline)

March 14, 2016 - Updated: March 15, 2016Discipline (Agents)

Agent Fails to Specify Rental Items in Agreement In this particular case the real estate agent, Aaron Carter took a listing and placed ...

Tagged with: furnace central air rental facts discovery error reco discipline

RECO Discipline Panel Suggests Offer Clauses (Ontario)

March 12, 2016 - Updated: March 12, 2016Discipline (Agents)

RECO Discipline Panel Offers Suggested Clauses for Agreements This is unusual and doesn’t happen very often. In one case, the RE ...

Tagged with: conditions warranties difference ontario law

Listing Agent Fails to Protect Both Seller and Buyer (RECO Discipline)

March 11, 2016 - Updated: March 11, 2016Discipline (Agents)

Listing Agent Fails to Protect Both Seller and Buyer We are looking at a property that was being operated as a rooming house, but it w ...

Tagged with: discovery facts zoning building infracxtions building permit fire code reco discipline

Agent Fails to Finish Off the Paperwork (RECO Discipline)

March 9, 2016 - Updated: March 10, 2016Discipline (Agents)

Agent Fails to Finish Off the Paperwork (RECO Discipline) Paperwork is important. It is the creation of an adequate audit trail for th ...

Tagged with: paperwork documentation agent failure reco discipline

Agent Fails to Investigate Ongoing Renovations and Zoning Status

March 9, 2016 - Updated: March 9, 2016Discipline (Agents)

Agent Fails to Investigate Ongoing Renovations and Zoning Status In this particular case, the Listing Agent failed to properly follow ...

Tagged with: discovery facts renovations zoning reco discipline

Agent Fails to Check Zoning for Buyer or Seller (RECO Discipline)

March 2, 2016 - Updated: March 2, 2016Discipline (Agents)

Agent Fails to Check Zoning for Buyer or Seller (RECO Discipline) This really is a case about a lazy agent. In fact, that’s exac ...

Tagged with: discovery facts zoning error agent fails reco discipline

Agent Misrepresents Status of Basement Apartment (RECO Discipline)

March 1, 2016 - Updated: March 1, 2016Discipline (Agents)

Agent Misrepresents Status of Basement Apartment (RECO Discipline) This is a case which unfortunately has become all too familiar. The ...

Tagged with: not warrant retrofit disclaimer reco discipline false ontario law

Agent Fails to Conduct Proper Personal Inspection (RECO Discipline)

February 29, 2016 - Updated: February 29, 2016Discipline (Agents)

Agent Fails to Conduct Proper Personal Inspection before SPIS This particular case is quite difficult and challenging. It would seem ...

Tagged with: founation water leakage agent fails to inspect spis reco discipline ontario law

Agent Mistakenly includes Central Air Conditioning (RECO Discipline)

February 26, 2016 - Updated: February 26, 2016Discipline (Agents)

Agent Mistakenly Includes Central Air Conditioning (RECO Discipline) This is an unfortunate situation which could easily occur by mist ...

Tagged with: missing ac no central air error mistake oversifght reco discipline ontario law

Agent Fails to Reduce REBATE Promise into Writing (RECO Discipline)

February 26, 2016 - Updated: February 26, 2016Discipline (Agents)

Agent Fails to Reduce “Rebate” Promises into Writing (RECO Discipline) This situation seems occur with reasonable frequenc ...

Tagged with: rebate bonus promise reduction commission not in writing reco discipline ontario law

Agent Sells Property Twice by Mistake (Fails to Count Days) RECO Discipline

February 25, 2016 - Updated: April 4, 2016Discipline (Agents)

Agent Sells Same Property Twice By Mistake (Failure to Count) (RECO Discipline) Certainly, it would be nice to sell the same property ...

Tagged with: agent failure to count sells property twice liability reco discipline ontario law

Agent Fails to Check Status of Parking Pad Application

February 24, 2016 - Updated: February 24, 2016Discipline (Agents)

Agent Fails to Check Status of Parking Pad Application In this case, Bernie Robb was the Listing Agent for Malcolm Towers. The propert ...

Tagged with: facts discovery parking pad agent reco discipline ontario law

Agent Fails to Check Zoning Status of Adjacent Lands (RECO Discipline)

February 21, 2016 - Updated: February 21, 2016Discipline (Agents)

Agent Fails to Check Zoning Status of Adjacent Lands (RECO Discipline) Bill and Martha Smith, the buyers were looking for privacy. The ...

Tagged with: zoning materila facts adjacent lands fails to verifgy reco dicipline ontario law.

Agent Fails to Verify Utilities (RECO Discipline)

February 20, 2016 - Updated: February 20, 2016Discipline (Agents)

Agent Fails to Verify Utilities for Buyer (RECO Discipline) An investment property was for sale. It was a “student rental” ...

Tagged with: reco discipline agent fails verify utilities ontario law

Agent Fails to See SPIS Grow House Disclosure (RECO Discipline)

February 19, 2016 - Updated: February 19, 2016Discipline (Agents)

Agent Fails to see SPIS Grow House Disclosure (RECO Discipline) We have a property that used to be a grow house. We have the Sellers c ...

Tagged with: discipline agents grow house spis failure material facts discovery reco ontario law

Buyer’s Agent Should Double Check Legality of Parking Pad

February 18, 2016 - Updated: February 18, 2016Discipline (Agents)

Buyer’s Agent Should Double Check Legality of Parking Pad This particular situation is an interesting one. John listed his prope ...

Tagged with: reco discipline failure to ask parking pad no inquiry liability ontario law

Second Agent Needs to Explain "Holdover Clause"

February 18, 2016 - Updated: February 18, 2016Discipline (Agents)

RECO Discipline: Holdover Clauses and Agent Liability The Real Estate Council of Ontario recently considered a case involving a holdov ...

Tagged with: holdover clause agent explain reco discipline ontario law

RECO Discipline – Duty to Discover Facts

February 17, 2016 - Updated: February 17, 2016Discipline (Agents)

RECO Discipline – Duty to Discover Facts RECO issues copies of its Discipline decisions in order to educate the public and real ...

Tagged with: discover facts reco discipline permits title inspections compliance approvals rebba 2002 ontario law

RECO Encourages Multiple Offers ~ Penalizes Agent for Missing Opportunity

June 2, 2013 - Updated: June 2, 2013Discipline (Agents)

Robert Smith acted for William and Martha Jones in the sale of their property. It was a fully rented triplex asking $500,000 subject to a 5% com ...

Tagged with: discipline reco conflct of interest bully offers

Agent Falsifies Clients' Signatures

May 31, 2013 - Updated: May 31, 2013Discipline (Agents)

This is a case of sheer and absolute incompetence. It’s hard to keep track of all the errors. Sheila Smith was a real estate age ...

Tagged with: agent discipline forgery false signature false initials no documents

Agent Steals Jewellery from House

May 14, 2013 - Updated: May 14, 2013Discipline (Agents)

We just looked at a situation where an agent gained unauthorized access to a house. That was technically breaking and entering. However, in that ...

Tagged with: criminal code theft breaking and entering charges

Agent Enters House without Permission ~ Penalty

May 12, 2013 - Updated: May 15, 2013Discipline (Agents)

The Real Estate Council of Ontario (RECO) recently considered the case of entry into a house without permission. The Criminal Code cov ...

Tagged with: entry house no permission discipline reco breaking and entering

Agent with Conflict of Interest Fails to Protect Client

May 11, 2013 - Updated: May 11, 2013Discipline (Agents)

This is a rather unusual case in which the Agent really sought to acquire the property for himself. The vendor, John Smith was under s ...

Tagged with: discipline reco conflict of interest buying clients property

Failure to Ensure Payment of the Deposit ~ Agent Discipline

May 9, 2013 - Updated: July 15, 2013Discipline (Agents)

This particular case ends up being rather complicated. On the surface, there were 3 offers, and the agent failed to ensure that the deposit got ...

Tagged with: real estate agent discipline failure to ensure deposit paid

Failure to Cancel Listing ~ Agent Discipline

May 7, 2013 - Updated: January 29, 2016Discipline (Agents)

The Real Estate Council of Ontario (RECO) recently had to deal with the issue of the cancellation of a listing agreement. The agent ap ...

Tagged with: reco cancellation termination suspension listing

Agent Fails to Protect Client about Lack of Potable Water

May 3, 2013 - Updated: May 3, 2013Discipline (Agents)

In this case, an agent failed to protect his clients and was assessed a $10,000.00 fine and the brokerage with whom he was affiliated a $5,000.0 ...

Tagged with: agent discipline unsafe water need conditions

Agent Disciplined ~ No Home Inspection Condition

February 15, 2013 - Updated: July 3, 2016Discipline (Agents)

The Liability of an Agent for Failure to Recommend a Home Inspection Condition in the Offer Recently, the Court of Queen’s Bench in Ne ...

Tagged with: home inspection condition clause agent liability discipline dual agency conflict ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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