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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Accredited Elite Advocate Program ~ Mississauga 5 May 2014

May 4, 2014 - Updated: May 4, 2014

This program runs two consecutive Mondays.

 

Take advantage of this opportunity and enrol tomorrow atthe offices of the Mississauga Real Estate Board.

 

The course starts at 9:30 pm.

 

Here are some of the reasons you should take the course:

 

Why Take the Accredited Elite Advocate Program?

 

Real estate agents who wish to take professionalism to the next level will find this program an incredible resource.

 

The group leader, Brian Madigan will take you through the material in a workshop format designed to encourage participation and learning.

 

You will understand and appreciate the history and development of the law of agency and its application in today’s legal environment. You need to anticipate the direction of the law, so you will be able to plan for your clients’ needs and requirements. What is expected of you? What laws will apply? What is the standard of care? How do you know if you are negligent? What qualifies as a misrepresentation? What are the specific remedies for misrepresentations in real property law, in contract law and in tort law, and why are they different?

 

The law is always evolving. It’s important to know what the laws will be, rather than what they used to be. How will you be equipped to answer this question? What did the Supreme Court of Canada recently say about the duties and responsibilities of agents? What did they say about disclosure?

 

Brian Madigan with over 25 years of legal experience in civil litigation defending professionals in agency relationships will emphasize the role of informed consent in the practice of real estate.

 

You will learn to anticipate problems and take risk avoidance measures at the outset. You will study the requirements for full and partial disclosure, both statutory and the common law. Don’t forget about the conflict with privacy laws. You will test the limits of “real estate” in terms of attachment (fixtures and chattels, and learn the 13 Rules), boundaries (surveys, trees, waterfront and possession issues), owners and ownership (attorneys, estates and trustees). You will also learn the limitations of “real property” and its distinction from “real estate”.

 

You will learn what you need to know about family law and the matrimonial home. You will review the documentation and understand the legal implications. The underlying theme in all of the material is risk management and the role of the professional agent.

 

After taking the course, you will be making some changes to your practice for the better. Those changes will safeguard your reputation in the industry and your financial bottom line. Hundreds of pages of material will be included.

 

The program concludes with an examination and candidates will be entitled to use the designation “Accredited Elite Advocate” (AEA) to denote successful completion of the course.

 

Challenge your mind! Increase your Professionalism! Enrol today!

 

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Here are some of the details about the program itself:

 

 

Accredited Elite Advocate

 

 

Two day Program

 

This program is designed to ensure that the participant will learn to apply the law in a meaningful way. There are more laws than just the very basics. By becoming aware of the application, interaction and conflict among the various statutes, common law, and cases, the real estate practitioner will develop a series of defences in the management of their businesses. This is the underlying element in risk management.

 

The practitioner will write an examination at the conclusion of the program to ensure that they have acquired the fundamental principles. Successful candidates will earn the “AEA” or “Accredited Elite Advocate” designation awarded by the HarvardNorth Real Estate Academy.

 

 

Introduction

 

Agency

History

Seller’s representation

Buyers’ representation

Law of agency

 

Real property law

 

Origins

development

 

Contract law

 

remedies

         deposit

 

Tort law

                  Origins

                  Alternate remedies

 

Misrepresentation, Fraud, Undue Influence

 

                  Differences under contract and tort

 

Criminal Law

 

                  Particular provisions which apply to real estate transactions

 

Trust law

 

                  Fiduciary obligations

 

Law of Unjust Enrichment   

 

                   Application of doctrine 

 

Disclosure Laws

                  

                   Statutory law

                    Common law

                    Case law

 

Attachments to property

                   

                    Chattels (including intellectual property)

                    Fixtures

                    Exceptions under REBBA

 

Surveys

                  

                   Boundaries

                   Adverse possession

 

Family law

                   

                    Matrimonial home

                    Ownership, possession

                    Obligations under REBBA

                    Division of property

                    Marriage contracts

                    Common law marriages

 

Third Party Conveyances

 

                   Trustees                        

                   Powers of Attorney

                 

Estates

                    Estate administration

                    Estate Planning

                    Succession Planning

                    Right to make a Will

                    Intestate succession

                    Claims with precedence over estates      

 

Title Insurance

 

                    The bargain for title

                    Coverages

                    Included and excluded claims

 

Business Sales

                  

                   Liabilities under REBBA

                   Special duties

                   Disclosure requirements        

 

Ontario Court System   

                   

                   Courts dealing with real estate matters       

                   Hierarchy of Courts, Judges and decisions

                   Application of legal precedents

 

Risk Management

                   

                    How to avoid legal liability

                    Managing the risks

                    Documenting the risk elements

 

The litigation process

                  

                    Cost and expense

                    Preparation and procedures

                    Providing legal instructions

 

Agreement of Purchase and Sale

                   

                   Problems with agreement

                   Understanding the agreement

                   Structuring the agreement

 

Examination      

                   

 

Attendees who do not write the examination, or do not successfully pass the examination will not be able to use the "AEA” designation.

 

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Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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