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

June 2, 2015 - Updated: June 2, 2015

 

 

Buyer Customer Service Agreement- Conflict or Discrepancy

 

We will review the “Conflict or Discrepancy” provision in the Customer Service agreement in detail. My comments will appear in “italics”. I will first set out the section in full as it appears in the document, then I will break it apart for detailed review.

 

 

“8. CONFLICT OR DISCREPANCY: If there is any conflict or discrepancy between any provision added to this Agreement and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement, including any provisions added to this Agreement, shall constitute the entire Agreement between the Buyer and the Brokerage. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.”

 

REVIEW

 

8. CONFLICT OR DISCREPANCY:

 

If there is any conflict or discrepancy between any provision added to this Agreement and any provision in the standard pre-set portion hereof,

 

On occasion there would be terms, conditions or provisions added to the agreement perhaps by interlineation, marginal notes or by a Schedule.

 

the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy.

 

The added portion will prevail over the standard wording. However, it had better be clear, otherwise, it would be meaningless.

 

This Agreement, including any provisions added to this Agreement, shall constitute the entire Agreement between the Buyer and the Brokerage.

 

This is the “entire agreement” provision as well. That is a standard term in every contract.

 

There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein.

 

That is the effect of the entire agreement clause. Simply put, there are no “side deals”, no “fingers crossed”, or “but first”. This is the complete deal, no need to look elsewhere.

 

 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com


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