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

April 15, 2015 - Updated: April 15, 2015

 

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

 

Here is the portion of the paragraph dealing with Conflict or Discrepancy.

 

9. 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.

 

Part 13 review

 

I will break up the paragraph and offer my commentary in “italics” as usual.

 

9. CONFLICT OR DISCREPANCY:

 

If there is any conflict or discrepancy between any provision added to this Agreement and

 

First, we need to have some sort of difficulty arise in the interpretation.

 

any provision in the standard pre-set portion hereof,

 

The actual conflict must be between the ADDED part and the PRINTED part. The reason for this is quite simple. That added portion has been specifically negotiated between the parties and was added to the document for a purpose. Somehow, to simply have it “overruled” by some words contained in the pre-printed form seems unfair.

 

the added provision shall supersede the standard pre-set provision

 

The net result is that the added part governs.

 

to the extent of such conflict or discrepancy.

 

You don’t have to throw everything out. What is expected of a Judge is to give proper weight to the added part, use whatever is leftover in the printed part, as long as it’s reasonable and fair and makes proper economic sense. If it’s creates a bizarre result and would yield a commercially ridiculous result, then, the entire preprinted provision would be struck out. This simply means: if it’s sensible, then keep as much as you can.

 

This Agreement, including any provisions added to this Agreement, shall constitute the entire Agreement

 

Actually, this should be a separate, distinct paragraph with its own title. It almost always is, at least in other agreements. It is referred to as the “entire agreement” clause. It simply means everything is in the one document in writing. There are no side deals.

 

between the Buyer and the Brokerage.

 

So, this IS the ENTIRE DEAL, nothing else!

 

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

 

This is the disclaimer about anything verbal. On that note, there’s obviously nothing “verbal” until AFTER this document gets signed and, then, later we have something VERBAL which alters this agreement. Naturally, anything along those lines should be avoided.

 

 

Brian Madigan LL.B., Broker

www.iSourceRealEstate.com


Tagged with: buyer representation agreement conflict discrepancy agency explained 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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