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Brian Madigan LL.B., Broker

RE/MAX West Realty Inc.,
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: Real Estate Agents

Can You Tell a Secret?

July 11, 2019 - Updated: July 11, 2019Real Estate Agents

Can You Tell a Secret? Let’s assume that Bob, the Listing Agent is acting for Mary in respect to the sale of her house. Bob hosts ...

Tagged with: agents duties fiduciary duty contractual duty liability ontario law

Supreme Court of Canada Grants Access to “Sold Information”

August 24, 2018 - Updated: August 24, 2018Real Estate Agents

Supreme Court of Canada Grants Access to “Sold Information” The Toronto Real Estate Board (TREB) has been engaged in an ongo ...

Tagged with: supreme court competion tribunal access to sold information real estate agents public ontario law

Calling Back the Offer Prior to Acceptance

May 11, 2018 - Updated: May 12, 2018Real Estate Agents

Calling Back the Offer in Ontario Question: You show your listing to a buyer customer. You prepare an offer. Before you meet wi ...

Tagged with: revoke offer delivery client customer ontario law

Salt, Sand and Shovel Before the Open House

January 22, 2018 - Updated: January 22, 2018Real Estate Agents

Salt, Sand and Shovel Before the Open House Let’s assume that you are a real estate agent and you have agreed to host an Open Hous ...

Tagged with: trip and fall liability salt sand shovel occupiers liability ontario law

Home Inspection Review is a MUST for an Agent

October 12, 2017 - Updated: October 12, 2017Real Estate Agents

Home Inspection Review is a MUST for an Agent Some Agents don’t like to get involved with home inspectors. Some Agents prefer that ...

Tagged with: liability negligence fail to review home inspection report ontario law

You are “Close”, very Dangerous words in a Bidding War!

May 9, 2017 - Updated: May 9, 2017Real Estate Agents

You are “Close”, very Dangerous words in a Bidding War! Right now, the Toronto market is “hot”. It was “ho ...

Tagged with: agents bidding wars lawsuits litigation ontario law

Brian Madigan's Lock Box Rules

August 19, 2016 - Updated: August 19, 2016Real Estate Agents

Brian Madigan’s Lock Box Rules You wouldn’t really think that there would be any need for this, but, if you look at recent ...

Tagged with: lock boxes rules safety security protection ontario law

FINTRAC Requirements Concerning Corporations (For Real Estate Agents)

July 4, 2016 - Updated: July 4, 2016Real Estate Agents

FINTRAC Requirements Concerning Corporations (For Real Estate Agents) FINTRAC has now been around for quite some time. Often, its webs ...

Tagged with: fintrac identification corporations directors officers signing authority

How to Handle Offers and the Growing Count (Toronto Market 2016)

February 12, 2016 - Updated: March 26, 2016Real Estate Agents

Counting the Offers and Advising the Bidders The Toronto resale housing market is relatively “hot”. There is a shortage o ...

Tagged with: offers bidding wars offer registered offer received managing count ontario law barrister solicitor lawyer

Regulatatory Compliance with Bill 55 (Real Estate Agents)

May 28, 2015 - Updated: May 28, 2015Real Estate Agents

Compliance with Bill 55 Bill 55 was introduced by the Provincial Government entitled “Stronger Protection for Ontario Consumers& ...

Tagged with: rebba 2002 bill 55 phantom offers ontario law

Increasing Professionalism Through Disclosure

December 17, 2014 - Updated: December 17, 2014Real Estate Agents

An Opportunity to Increase “Professionalism” in the Real Estate Industry The Supreme Court of Canada made some changes to ...

Tagged with: professionalism supreme court contracts good faith honesty. disclosure

Supreme Court of Canada Details Phone Search Protections

December 11, 2014 - Updated: December 11, 2014Real Estate Agents

Supreme Court of Canada Details Phone Search Protections The Supreme Court of Canada just permitted searches of cell phones by police ...

Tagged with: supreme court phones protection real estate agents ontario law

Slander of Title is an Actionable Tort for Real Estate Agents

May 2, 2014 - Updated: May 2, 2014Real Estate Agents

Slander of Title If we are concerned about the law of torts and its application to situations arising in real estate transactions, le ...

Tagged with: tort slander of title agents ontario law

The Tort of Intimidation Applies to Real Estate Agents

March 26, 2014 - Updated: March 26, 2014Real Estate Agents

Tort of Intimidation and Real Estate Agents The situation here is that Bob wants Harold to comply with his wishes, and he threatens Ha ...

Tagged with: tort intimidation real estate agents ontario law

Agents Are at Risk in "Passing Off" Actions

March 26, 2014 - Updated: March 26, 2014Real Estate Agents

“Passing Off” a Tort for Real Estate Agents Under the law of torts, there is an action for “passing off”. Esse ...

Tagged with: agent liability tort law passing off ontario

Commission is Due and Payable on Full Price Offer

January 29, 2014 - Updated: January 29, 2014Real Estate Agents

Some might think that it takes a completed real estate deal to warrant the payment of a commission. That’s not the case. The full price of ...

Tagged with: commission due full price offer trigger valid offer ontario law

Informed Consent Doctrine Applied to Commission Agreements

January 21, 2014 - Updated: January 22, 2014Real Estate Agents

Full Disclosure Required This is an interesting case. It’s about the process of obtaining the seller’s informed consent to ...

Tagged with: commission agency non-disclosure non-agency clients customers ontario law

Real Estate Drones in 2014

January 4, 2014 - Updated: January 4, 2014Real Estate Agents

Real Estate Drones This coming year will be the year of the real estate drones. These are miniature toy helicopters with sma ...

Tagged with: drones helicopters go pro cameras

CREA offers Update Concerning FINTRAC Issues

December 30, 2013 - Updated: December 30, 2013Real Estate Agents

FINTRAC Update from CREA The Canadian Real Estate Association has issued a release to its membership concerning certain “thorny& ...

Tagged with: fintrac issues crea memorandum release compliance

Increased Liability for Realtors without GeoWarehouse

December 19, 2013 - Updated: December 19, 2013Real Estate Agents

GeoWarehouse Gone? Information technology has progressed leaps and bounds within the decade. The Province sold off its land ...

Tagged with: treb geowarehouse liability resouces law

E-Mail Disclaimers for Real Estate Agents

December 10, 2013 - Updated: December 10, 2013Real Estate Agents

Lawyers use them so, it should be a good idea for us to use them too; it looks more professional. That’s what I hear from people in the re ...

Tagged with: email disclaimer law law firms ontario

Internet Groups for Real Estate Agents can be Risky

December 9, 2013 - Updated: December 9, 2013Real Estate Agents

Caution is the best medicine There are numerous groups, forums, discussions and commentaries available on the internet, hosted on Lin ...

Tagged with: facebook linkedin forums free advice liability

Real Estate Legislation Changes November 2013

November 29, 2013 - Updated: November 29, 2013Real Estate Agents

There are some changes to the Real Estate and Business Brokers Act, 2002. They just passed 3rd Reading and are expected to come into f ...

Tagged with: rebba 2002 commissions multiple offers bidding wars ontario law

Licensed Agent on Duty!

November 6, 2013Real Estate Agents

How many times have you seen this sign? Ever wondered what it means? It means nothing. In fact, it's illegal! Real Estate practitioners ...

Tagged with: licensed agent registered rebba 2002 broker sales representative

Do a Credit Check on the Tenant

October 22, 2013 - Updated: October 22, 2013Real Estate Agents

Managing Properties or Renting Out Properties ~ Check out the Tenant If you are a real estate agent looking to either manage a series ...

Tagged with: agent discipline check tenant

Unfortunate Scenario for Buyer’s Agent without Priority

June 23, 2013Real Estate Agents

Consider the following set of unfortunate circumstances. Bill bought a lakefront cottage through Bob of ABC Realty for $500,000.00 las ...

Tagged with: commission priority protection clause

Buyer’s Agent ~ Commission Protection Clause

June 22, 2013 - Updated: June 22, 2013Real Estate Agents

The following clause is commonly in use to protect a buyer’s agent, if there is a potential shortfall or anticipated shortfall: ...

Tagged with: commision protection bra aps clause closing

Options for Commission Protection

June 21, 2013 - Updated: June 22, 2013Real Estate Agents

Let’s assume you represent the buyer under a Buyer Representation Agreement (BRA), and as we know the buyer is reluctant to pay “rea ...

Tagged with: commision protection direction deposit insurance trust priority

Comparing the Commission Clauses in 3 Agreements

June 20, 2013 - Updated: June 22, 2013Real Estate Agents

There are three basic forms of commission agreements with sellers. They are slightly different. The Listing is agency, the Customer Service agre ...

Tagged with: commission agreements 200 201 202 orea forms

Clauses to Protect Commission in the Agreement

June 18, 2013 - Updated: June 18, 2013Real Estate Agents

Protecting the Buyer’s Agent’s Commission From time to time, there are issues with respect to the payment of commission. O ...

Tagged with: commission payment protection ensuring payment risks

How do you Identify Partnerships? (FINTRAC)

June 18, 2013 - Updated: June 18, 2013Real Estate Agents

FINTRAC ~ Identification of a Partnership The identification of a partnership is somewhat complex under the rules. While on ...

Tagged with: fintrac partnership identification mandatary agent rules compliance

Corporations ~ FINTRAC

June 16, 2013 - Updated: June 18, 2013Real Estate Agents

FINTRAC ~ How to Identify Corporations Real estate agents under legal obligations to ...

Tagged with: corporations identify documents required fintrac articles

Individuals Indentification Under FINTRAC

June 15, 2013 - Updated: June 16, 2013Real Estate Agents

FINTRAC ~ Identification of Individuals As a real estate agent you are under new legal obligations to collect and maintain cert ...

Tagged with: fintrac individuals documents required law article

Protecting Your Commission in the Case of a Shortfall of Funds on Closing

June 12, 2013 - Updated: June 12, 2013Real Estate Agents

Let’s assume that you are the buyer’s agent and you have been told that the property have been mortgaged to the hilt, the taxes are ...

Tagged with: commision protection insurance trust bra closing clause

Can You Use a SKYPE Video Conference for FINTRAC?

June 12, 2013 - Updated: June 12, 2013Real Estate Agents

This is a question which arises from time to time. The scenario is briefly this. As a real estate agent you have a client who has just ...

Tagged with: fintrac individual identification mandatary agent rules compliance

Customer Service ~ Open House

May 28, 2013 - Updated: May 3, 2016Real Estate Agents

Question: Customer service agreements... I'm not clear on how it actually works in practice.... Is it recommended for a sales ...

Tagged with: customer service level rebba code non agency agreement

Advertising and Marketing after the Sale

April 29, 2013 - Updated: April 29, 2013Real Estate Agents

Real estate agents like to advertise their successes. That’s often how they get new business. So, they want to be able to say th ...

Tagged with: advertizing sale price days on market public disclosure consent

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

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