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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Posts tagged with: agency

Buyer Representation Agreements and New Home Builders

September 4, 2017 - Updated: September 4, 2017Agency

Enforcing the Buyer’s Representation Agreement when the Buyer Buys Direct from the Builder This situation seems simple enough. ...

Tagged with: bra enforcement new builds new homes application exception agency ontario law

Agent Locked into “Confidentiality” without a Signed Contract

May 10, 2017 - Updated: May 13, 2017Agency

Agent Locked into “Confidentiality” without a Signed Contract Consider the following scenario: · Bob ...

Tagged with: agency no contract duties initial meeting

The Business Broker in Ontario

October 18, 2016 - Updated: October 18, 2016Selling a Business

The Business Broker and the Real Estate and Business Brokers Act, Ontario A business broker is regulated in Ontario under the same ...

Tagged with: business broker agency rebba ontario law

Two Buyers: Multiple Representation Conflicts and Issues

October 13, 2016 - Updated: October 13, 2016Agency

Two Buyers: Multiple Representation Conflicts and Issues What happens if a Brokerage represents two different Buyers and they are inte ...

Tagged with: two buyers dual agency multiple representation agency code 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

Take the Money and Run: An Ethical Dilemma

April 1, 2016 - Updated: April 1, 2016Agency

Take the Money and Run: An Ethical Dilemma Sometimes a real estate agent will have confidential information. The ethical question is w ...

Tagged with: ethics confidentiality agency disclosure secret information ontario law

4 Principles of Real Estate Agency Obligations

September 14, 2015 - Updated: September 14, 2015Agency

4 Principles for Fiduciaries It is often important to have a quick “go to” summary as a refresher for legal principles. ...

Tagged with: agency fiduciary duties 4 principles daltri ontario law

The 7 Elements of Disclosure Prior to Consumer Engagement

September 9, 2015 - Updated: September 9, 2015Agency

7 Elements of Disclosure for Consumers In accordance with the law, there are 7 matters which must be covered by the real estate profes ...

Tagged with: consumer protection agency services levels explanation duties code of ethics rebba ontario law

Buyer Representation

June 23, 2015 - Updated: June 23, 2015Agency

Buyer Representation Agreement (Ontario) Explained by Brian Madigan This is now in Kindle book format which can be acquired through Am ...

Tagged with: amazon book buyer representation bra agency ontario explanation

Buyer Customer Service Agreement (Part 2) - PARTIES

May 31, 2015 - Updated: May 31, 2015Agency

Buyer Customer Service Agreement – PARTIES We will review the “Customer Service” agreement in detail. My comments wi ...

Tagged with: customer service agreement rebba agency non agency ontario law

Buyer Representyation Agreement Explained (Ontario) Part 19 - ACKNOWLEDGEMENT

April 17, 2015 - Updated: April 17, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 19 – ACKNOWLEDGEMENT Here is the portion of the paragraph dealing with t ...

Tagged with: buyer representation agreement bra explain agency ontario law acknowledgement

Buyer Representation Agreement Explained (Ontario) Part 18 - DECLARATION of INSURANCE

April 16, 2015 - Updated: April 16, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 18 – DECLARATION of INSURANCE Here is the portion of the paragraph deali ...

Tagged with: buyer representation agreement bra agency explanation declaration insurance ontario law

Buyer Representation Agreement Explained Part 14 - ELECTRONIC COMMUNICATION

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 14 ELECTRONIC COMMUNICATION Here is the portion of the paragraph dealing with ...

Tagged with: buyer representation agreement bra agency explanation electronic communication ontario law

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

April 15, 2015 - Updated: April 15, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 13 CONFLICT or DISCREPANCY Here is the portion of the paragraph dealing with C ...

Tagged with: buyer representation agreement conflict discrepancy agency explained ontario law

Buyer Representation Agreement Explained (Ontario) Part 12 USE and DISTRIBUTION of INFORMATION

April 14, 2015 - Updated: April 14, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 12 USE and DISTRIBUTION of INFORMATION Here is the portion of the paragraph de ...

Tagged with: buyer representation agreement bra agency explanation ontario information distribution laws

Buyer Representation Agreement Explained (Ontario) Part 11 CONSUMER REPORTS

April 14, 2015 - Updated: April 14, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 11 CONSUMER REPORTS Here is the portion of the paragraph dealing with Consumer ...

Tagged with: buyer representation agreement bra agency ontario law explanation consumer reports

Buyer Representation Agreement Explained (Ontario) Part 10 - FINDERS FEE

April 13, 2015 - Updated: April 22, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 10 FINDERS FEE Here is the portion of the paragraph dealing with the Finders F ...

Tagged with: buyer represenation agreement fee finder fee finders fee agency bra ontario law

Buyer Represenation Agreement Explained (Ontario) Part 9 INDEMNIFICATION

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 9 INDEMNIFICATION Here is the portion of the paragraph dealing with Indemnific ...

Tagged with: buyer representation agreement bra agency ontario law indemnification disclaimer

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES

April 13, 2015 - Updated: April 13, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 8 REFERRAL of PROPERTIES Here is the portion of the paragraph dealing with Ref ...

Tagged with: buyer representation agreement agency bra ontario law referral of properties

Buyer Representation Agreement Explained (Ontario) Part 7C CUSTOMER SERVICE

April 12, 2015 - Updated: April 12, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 7C CUSTOMER SERVICE Here is the portion of the paragraph dealing with multiple ...

Tagged with: buyer representation agreement bra ontario agency explanation customer service law

Buyer Representation Agreement Explained (Ontario) Part 7B MULTIPLE REPRESENTATION

April 12, 2015 - Updated: April 12, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 7B MULTIPLE REPRESENTATION Here is the portion of the paragraph dealing with m ...

Tagged with: buyer representation agreement bra agency explanation ontario law multiple representation

Buyer Representation Agreement Explained (Ontario) Part 6C COMMISSION- HOLDOVER CLAUSE

April 9, 2015 - Updated: April 10, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6C COMMISSION-HOLDOVER CLAUSE Here is the part of the Agreement dealing with ...

Tagged with: buyer representation agreement br agency ontario explanation commission holdover clause law

Buyer Representation Agreement Explained (Ontario) Part 6B COMMISSION-PRICE

April 9, 2015 - Updated: April 10, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6B COMMISSION-PRICE We will tackle this paragraph in two steps. The first part ...

Tagged with: buyer representation agreement bra agency onatrio commission price law

Buyer Representation Agreement Explained (Ontario) 6A COMMISSION

April 8, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 6A COMMISSION We will tackle this paragraph in two steps. The first part runs ...

Tagged with: buyer representation agreement bra agency ontario explanation commission

Buyer Representation Agreement Explained (Ontario) Part 5 DEFINITIONS

April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 5 DEFINITIONS There is a section dealing with Definitions and it reads like this: ...

Tagged with: buyer representation agreement bra onatrio orea form explanation definitions interprestations agency

Buyer Representation Agreement Explained (Ontario) Part 4 Representation

April 7, 2015 - Updated: April 7, 2015Agency

Buyer Representation Agreement Explained (Ontario) Part 4 Representation REPRESENTATION The following representation is the ...

Tagged with: buyer representation agreement bra onatrio orea form explanation statement by buyer agency

Buyer Representation Agreement Explained (Ontario) Part 1

April 6, 2015 - Updated: April 6, 2015Agency

Buyer Representation Agreement Explained (Ontario) It is sometimes difficult to understand and appreciate legal contracts, particularl ...

Tagged with: buyer representation agreement bra agency appointment fiduciary duties orea form

Law of Agency Course

October 31, 2014Courses

Law Of Agency Course ~ Real Estate Education Series The course on the “The Law of Agency ” will run on 3 November 2014, fr ...

Tagged with: agency course seminar workshop presentation agency law

Educational Programs for Real Estate Agents

August 22, 2014 - Updated: August 22, 2014Courses

Real Estate Education Series As many of you know, the continuing education requirements for real estate agents has been changed by REC ...

Tagged with: education continuing education real estate agents ontario courses disclosure agency torts agreements of purchase and sale risk management surveys estates family law matrimonial home joint tenancy title leases business sales

Listing Agent Cannot Act for Buyer without Seller's Consent

August 13, 2014 - Updated: August 13, 2014Agency

Can Your Agent Switch Sides and Act for the Buyer? The quick answer is “no”. The problem is that this “imp ...

Tagged with: fiduciary duties conflict buyer seller clients multiple representation agency ontario law

Should You Have 10 Agents or Just 1 ?

July 21, 2014 - Updated: July 21, 2014Agency

Which is better? You might think 10. In fact, that’s what most people think. In reality, you are probably better off with one g ...

Tagged with: agency buyer representation ontario law

Problems with the First Class Professional Service ~ Agency

February 18, 2014 - Updated: February 19, 2014Agency

Agency and The Lack of Professionalism The premium, gold standard, first class level of service in the real estate business is &ldquo ...

Tagged with: agency non agency client customer orea reco rebba ontario law

Buying a Ticket to “Steerage Class” at an Open House

February 17, 2014 - Updated: February 17, 2014Agency

Are you a client or a customer? Previously, we spoke about the two classes of services available from the real estate profession: ...

Tagged with: clients customers open house fiduciary duties agency rebba ontario law

Being a Good Agent is the Death Knell to Customer Service

February 10, 2014 - Updated: February 10, 2014Agency

Don’t forget that “customer service” is a term of art in the real estate business. Previously, I have referred to it as travel ...

Tagged with: good agent client customer agency non agency facts information advice suggestions recommendations ontario law

Levels of Service Are Problematic in Real Estate

February 10, 2014 - Updated: February 10, 2014Agency

Clients (First Class) and Customers (Steerage) in Real Estate Transactions As many times as I have heard the explanation, I still find ...

Tagged with: clients customers agency non-agency first class steerage 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

Pocket Listings are fraught with problems for the Unsuspecting Agent

November 19, 2013 - Updated: November 19, 2013Agency

The Risk of the Pocket Listing It’s not unusual in the field of commercial real estate for agents to be carrying around a few po ...

Tagged with: pocket listing exclusive mls agency ontario law

Are You Looking for Real Estate Advice: Consider a Realtor

November 4, 2013 - Updated: November 4, 2013Buyers

Many prospective real estate purchasers are hesitant to obtain professional advice. They constantly seek to corroborate information that is prov ...

Tagged with: buyers real estate agency loyalty

Agency for an Undisclosed Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of agency occurs quite frequently. It’s usually employed in land assemblies. The real purchaser wants his identity protected. He ...

Tagged with: agency undisclosed principal rights duties third party ontario law

Agency without Disclosure

July 31, 2013 - Updated: July 31, 2013Agency

This situation is one that arises with relative frequency. The Agent (A) truly is an agent of the Principal (P), but just never tells ...

Tagged with: agency no agency disclosed identified communicated ontario law

Agency with a Known, Disclosed, Identified Principal

July 31, 2013 - Updated: July 31, 2013Agency

This type of situation is by far the most common commercial arrangement. For one reason or another, the Principal (P) is unable or una ...

Tagged with: agency disclosed principal known identified ontario law

Agency by Ratification (Ontario Law)

July 30, 2013 - Updated: July 30, 2013Agency

Agency by Ratification Explained In this circumstance, we start out with an Agent (A) who has no authority to act on behalf of the Pri ...

Tagged with: agency ratification transfer assignment release of agent

Agency By Necessity

July 26, 2013 - Updated: July 26, 2013Agency

Agency by necessity doesn’t really arise very often today, but, it’s still an important aspect to understand in order to fully appre ...

Tagged with: agency necessity operation of law ontario

Agency Created by Estoppel

July 26, 2013 - Updated: July 26, 2013Agency

The very difficult issues raised in the area of agency are the ones that are not quite so clear. Here, the agent is not appointed by an express ...

Tagged with: agency conduct estoppel principal agent third party ontario law

Agency Relationship in Law

July 24, 2013 - Updated: July 24, 2013Agency

An agent is engaged to carry out a particular delegated task. Provided the agent is acting within the scope of his duties the contract with a th ...

Tagged with: agency real estate agent law ontario

Tricky Moves in the Real Estate Business

July 10, 2013 - Updated: July 10, 2013Agency

So, you thought you had an agent? Only one little problem, your agent takes all your secrets and immediately tells the other side. And ...

Tagged with: agency tricks seller 2 agents none for buyer rebba 2002

Outright Lies by Agents are often Encouraged by Law

July 9, 2013 - Updated: August 22, 2016Agency

You might find it interesting that some agents were charged with the responsibility to deceive. That seems a little odd at the outset ...

Tagged with: agency fiduciary duties doctors hippocratic oath obligations disclosure best interests

Buyer's Agency and Some Concerns

July 8, 2013 - Updated: July 8, 2013Agency

There is a significant and important trend in the real estate industry towards buyer's agency. You may recall that many agents ent ...

Tagged with: buyer agency bra representation code of ethics rebba 2002

Agency Law – Its Origins and History

July 3, 2013 - Updated: July 3, 2013Agency

One of the first recorded documents dealing with the law of agency, is the Code of Hammurabi. Hammurabi was the sixth King of Babylon ...

Tagged with: agency law code hammurabi

Beware of Double Agents in the Real Estate Business!

July 1, 2013 - Updated: October 24, 2016Agency

This word of caution does not simply apply in the world of espionage. There was a case of a young, single mother who finally saved up ...

Tagged with: agency sub-agency duties owed to vendor seller no one acting for buyer ontario law

Real Estate Agents and the Doctrine of “Loyalty”

June 30, 2013 - Updated: June 30, 2013Agency

You might question the matter of loyalty when it comes to your real estate agent. The basic common law of agency is the same whether w ...

Tagged with: agency rebba 2002 loyalty examples common law

Statutory Duties of Real Estate Agents in Ontario

June 29, 2013 - Updated: June 29, 2013Agency

There are some basic duties that are owed by an agent to his principal. They have been part of the law of agency for thousands of years and more ...

Tagged with: agency statutory duties code of ethics ontario law

Real Estate Agency in Ontario ~ An Explanation

June 27, 2013 - Updated: June 27, 2013Agency

The law of agency is often difficult to understand. Sometimes, it is very easy to get caught up with the law of agency as it applies t ...

Tagged with: agency real estate ontario explanation rebba 2002

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

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