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Brian Madigan LL.B., Broker
BRMadigan@Rogers.com

RE/MAX West Realty Inc.,
Brokerage
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 tagged with: reco

No Delivering or Receiving Notices in Multiple Representation

August 12, 2019 - Updated: August 12, 2019RECO, OREA

Two Masters No Delivering or Receiving Notices in Multiple Representation Question: "When brokerage represents bo ...

Tagged with: agents multiple representation no delivery no receipt same agent reco orea

Do You Have to Disclose a Back Up Offer?

July 8, 2019 - Updated: July 8, 2019Contracts

Do You Have to Disclose a Back Up Offer? Depends who you ask! If you ask RECO, the answer is “yes”. If you ...

Tagged with: back up offer disclosure timing reco discipline ontario law

RECO Toolkit #4

December 31, 2018 - Updated: December 31, 2018RECO, OREA

RECO’s Toolkit #4 What follows is a series dealing with some publications by RECO to help the Consumer: Real Estate ...

Tagged with: reco toolkit buyers checklist

RECO Toolkit #3

December 30, 2018 - Updated: December 30, 2018RECO, OREA

RECO’s Toolkit #3 What follows is a series dealing with some publications by RECO to help the Consumer: Real Estate Counci ...

Tagged with: reco toolkit tips selecting an agent choosing a representative

RECO Toolkit #1

December 28, 2018 - Updated: December 28, 2018RECO, OREA

RECO’s Toolkit #1 What follows is a series dealing with some publications by RECO to help the Consumer: Real Estate Co ...

Tagged with: toolkit 3 pillars knowledge professional standards insurance reco

Another Agent Signs for Another Client

October 1, 2018 - Updated: October 1, 2018Discipline (Agents)

Another Agent Signs for Another Client This time, it wasn’t quite so bad. They had been “texting” with the client so t ...

Tagged with: discipline reco forgery ontario

Agent’s Risk of Disclosing Far too Much!

August 20, 2018 - Updated: August 20, 2018RECO, OREA

Agent’s Risk of Disclosing Far too Much! There are two separate and distinct disclosure requirements, one under the Real Estate an ...

Tagged with: agent disclosure not necessary form 160 form 161 reco orea ontario law

Brokerage: 5 Business Days Deposit

September 21, 2017 - Updated: September 21, 2017RECO, OREA

Brokerage: 5 Business Days Deposit Question: The Listing Brokerage has 5 business days to deposit the down payment money in ...

Tagged with: deposit funds trust account timing reco ontario law

Duty to Disclose Kitec Plumbing by Real Estate Agents

May 26, 2017 - Updated: May 26, 2017Disclosure

The Duty to Disclose Kitec Plumbing by Real Estate Agents Just what is Kitec? Kitec plumbing is made up of flexible aluminum pip ...

Tagged with: kitec disclosure real estate listing agent buyers agent reco orea ontario law

Agent Breaks into House with Home Inspector and Buyer

April 17, 2017 - Updated: April 17, 2017Discipline (Agents)

Agent Breaks Into House with Home Inspector and Buyer As strange as it may seem that’s exactly what one agent did. The Agr ...

Tagged with: reco breaking and entering trespass ontario law

Agent Fails to Pay Referral Fee

April 14, 2017 - Updated: April 15, 2017Discipline (Agents)

Agent Fails to Pay Referral Fee Steve acted for his two buyers, Albert and Jane. He had a loyalty agreement signed, better known as a Bu ...

Tagged with: reco discipline agent fails to pay fee ontario law

Written direction for multiple offers - RECO BULLETIN

February 26, 2017 - Updated: February 26, 2017RECO, OREA

Written direction for multiple offers February 21, 2017 Bulletin #2017-1 Overview The purpose of this Re ...

Tagged with: multiple offers directions handling reco

What is RECO's Real Role?

January 1, 2017 - Updated: January 1, 2017RECO, OREA

What is RECO’s Real Role? This is the most recent publication from RECO appearing on the RECO website. It appears in the public ...

Tagged with: reco role advice to consumers discipline educate regulate registrants. ontario law

Christmas Day 2016 is a Business Day in Ontario

December 11, 2016 - Updated: December 11, 2016RECO, OREA

Christmas 2016 is a “Business Day” in Ontario Well, just for real estate. And, when I say that, just for regulative and ad ...

Tagged with: christmas day business day rebba gen reg 56705 reco orea ontario law

Returning the Deposit in a Failed Transaction

November 29, 2016 - Updated: November 29, 2016Deposits

Brian Madigan LL.B., Broker Returning the Deposit in a Failed Transaction What documents do you need? You are goin ...

Tagged with: deposits mutual release direction reco advice ontario law

RECO Should Have the Power to Award Compensation

November 7, 2016 - Updated: November 7, 2016RECO, OREA

Agent’s Breach of Fiduciary Duties (No Commission) There are numerous circumstances where an agent subject to discipline is inde ...

Tagged with: reco compensation for victims breach of duty fiduciary rebba ontario law

Multiple Representation Resources

October 31, 2016 - Updated: October 31, 2016RECO, OREA

Multiple Representation Resource Material and Sources of Information I am setting out some material re ...

Tagged with: multiple representation conflict reco orea

Agent Makes Investment Property Errors (RECO Discipline)

October 26, 2016 - Updated: October 26, 2016Discipline (Agents)

Agent Makes Investment Property Errors (RECO Discipline) This is another RECO Discipline Case. In this situation, Wilma Flintstone mad ...

Tagged with: fail to pay deposit signed clients name no permission witnessed false occupancy statement reco discipline ontario law

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline)

October 25, 2016 - Updated: October 25, 2016Discipline (Agents)

Agent Backdates Documents and Witnesses Without Being Present (RECO Discipline Barney Noble had a listing of a condominium. His friend ...

Tagged with: agent backdates witnesses not present reco discipline ontario law

Agent Lists, Buys, Renovates but Never Closes Deal (RECO Discipline)

October 24, 2016 - Updated: October 24, 2016Discipline (Agents)

Agent Lists, Buys, Renovates but Never Closes Deal (RECO Discipline) The Regulator for the real estate industry, the Real Estate Counc ...

Tagged with: agent fails to protect client best interests rebba code of ethics reco discipline fine

Agent Let Insurance Lapse (RECO Discipline)

October 19, 2016 - Updated: October 19, 2016Discipline (Agents)

Agent Let Insurance Lapse (RECO Discipline) The agent who let his insurance lapse was quite fortunate. He overlooked paying it, receiv ...

Tagged with: no insurance lapsed policy reco discipline ontario law

Agent Who Steals Gets Licence Restored by LAT

September 14, 2016 - Updated: September 14, 2016Discipline (Agents)

Agent Who Steals Gets Licence Restored by LAT The agent in this case stole batteries and $200 to $300 in cash. He was caught on video. ...

Tagged with: discipline. licence revocation reco lat theft ontario law

Sorry, Just Moving In! (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Sorry, Just Moving In! (RECO Discipline) This is just one more “trespassing case”. Here, the Buyers had a deal a ...

Tagged with: discipline unauthorized access lock box moving reco ontario law

Another Trespassing Case (RECO Discipline)

August 15, 2016 - Updated: August 15, 2016Discipline (Agents)

Another Trespassing Case The Real Estate Council of Ontario looked at another “no trespassing” case this Spring. ...

Tagged with: discipline trespass lock box reco ontario law

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway

July 14, 2016 - Updated: July 14, 2016Discipline (Agents)

Agent Fails to Discover Parking Pad Legality and Terms of Mutual Driveway This is an interesting situation. Fred Flintstone took a lis ...

Tagged with: agent discipline reco parking pad mutual driveway ontario law

Agents Must Declare Relationships to Relatives

May 8, 2016 - Updated: May 8, 2016RECO, OREA

Disclosure of Interest Obligation Registrants have a duty to disclose before they do business. This is a 2009 case. Kindly note the ca ...

Tagged with: relative disclosure interest reco rebba

Registering an Offer (Ontario)

March 26, 2016 - Updated: March 26, 2016RECO, OREA

Registering an Offer in Ontario Question: What does "registering" an Offer mean? Answer: This ...

Tagged with: registering receiving delivering presenting offer reco bill 555 phantom offers ontario law

Agent Fails to be Present as Witness (RECO Discipline)

March 22, 2016 - Updated: March 22, 2016Discipline (Agents)

Agent Fails to be Present as a “WITNESS" (RECO Discipline) This is somewhat interesting. The Agent, Bruce Wayne “witn ...

Tagged with: witness not present authenticate untruthful reco discipline

Agent Tries to Convince Buyer to Use Oklahoma Deal (RECO Discipline)

March 22, 2016 - Updated: March 22, 2016Discipline (Agents)

Agent Tries to Convince Buyer to Use Oklahoma Deal (RECO Discipline) This was a rather interesting case. The agent, Bruce Wayne had a ...

Tagged with: oklahoma deal reco discipline mortgage fraud. ontario law

Agent Fails to Check Tenant's Credit (RECO Discipline)

March 15, 2016 - Updated: March 16, 2016Discipline (Agents)

Check Prospective Tenant’s Credit Before Occupancy(RECO Discipline) In this case, William Ashmeade was both the real estate agen ...

Tagged with: discipline discovery facts reco credit tenant

Agent Fails to Finish Off the Paperwork (RECO Discipline)

March 9, 2016 - Updated: March 10, 2016Discipline (Agents)

Agent Fails to Finish Off the Paperwork (RECO Discipline) Paperwork is important. It is the creation of an adequate audit trail for th ...

Tagged with: paperwork documentation agent failure reco discipline

Agent Fails to Check Zoning for Buyer or Seller (RECO Discipline)

March 2, 2016 - Updated: March 2, 2016Discipline (Agents)

Agent Fails to Check Zoning for Buyer or Seller (RECO Discipline) This really is a case about a lazy agent. In fact, that’s exac ...

Tagged with: discovery facts zoning error agent fails reco discipline

Agent Misrepresents Status of Basement Apartment (RECO Discipline)

March 1, 2016 - Updated: March 1, 2016Discipline (Agents)

Agent Misrepresents Status of Basement Apartment (RECO Discipline) This is a case which unfortunately has become all too familiar. The ...

Tagged with: not warrant retrofit disclaimer reco discipline false ontario law

Agent Fails to Reduce REBATE Promise into Writing (RECO Discipline)

February 26, 2016 - Updated: February 26, 2016Discipline (Agents)

Agent Fails to Reduce “Rebate” Promises into Writing (RECO Discipline) This situation seems occur with reasonable frequenc ...

Tagged with: rebate bonus promise reduction commission not in writing reco discipline ontario law

Agent Fails to Check Status of Parking Pad Application

February 24, 2016 - Updated: February 24, 2016Discipline (Agents)

Agent Fails to Check Status of Parking Pad Application In this case, Bernie Robb was the Listing Agent for Malcolm Towers. The propert ...

Tagged with: facts discovery parking pad agent reco discipline ontario law

Agent Fails to Check Zoning Status of Adjacent Lands (RECO Discipline)

February 21, 2016 - Updated: February 21, 2016Discipline (Agents)

Agent Fails to Check Zoning Status of Adjacent Lands (RECO Discipline) Bill and Martha Smith, the buyers were looking for privacy. The ...

Tagged with: zoning materila facts adjacent lands fails to verifgy reco dicipline ontario law.

Agent Fails to See SPIS Grow House Disclosure (RECO Discipline)

February 19, 2016 - Updated: February 19, 2016Discipline (Agents)

Agent Fails to see SPIS Grow House Disclosure (RECO Discipline) We have a property that used to be a grow house. We have the Sellers c ...

Tagged with: discipline agents grow house spis failure material facts discovery reco ontario law

Buyer’s Agent Should Double Check Legality of Parking Pad

February 18, 2016 - Updated: February 18, 2016Discipline (Agents)

Buyer’s Agent Should Double Check Legality of Parking Pad This particular situation is an interesting one. John listed his prope ...

Tagged with: reco discipline failure to ask parking pad no inquiry liability ontario law

Second Agent Needs to Explain "Holdover Clause"

February 18, 2016 - Updated: February 18, 2016Discipline (Agents)

RECO Discipline: Holdover Clauses and Agent Liability The Real Estate Council of Ontario recently considered a case involving a holdov ...

Tagged with: holdover clause agent explain reco discipline ontario law

RECO Discipline – Duty to Discover Facts

February 17, 2016 - Updated: February 17, 2016Discipline (Agents)

RECO Discipline – Duty to Discover Facts RECO issues copies of its Discipline decisions in order to educate the public and real ...

Tagged with: discover facts reco discipline permits title inspections compliance approvals rebba 2002 ontario law

New Builds - Protecting the Buyer's Representative

February 17, 2016Agency

Buyer’s Rep should Sign Commission Agreement and CCR with Builder Question: I am a Buyer’s representative and I ...

Tagged with: bra ccr commission agreemet new builds direct builder condo reco ontario law

Errors & Omissions Insurance Policy for Ontario Real Estate Agents Explained

September 12, 2015 - Updated: September 12, 2015Insurance

Errors & Omissions Insurance Policy for Ontario Real Estate Agents Explained By Brian Madigan LL.B. The Real Estate Council ...

Tagged with: liability insurance eo coverage errors omissions policy reco ontario law

Different Meanings for "Made"and "Submitted" in Phantom Offer Legislation

July 25, 2015 - Updated: July 25, 2015RECO, OREA

Made and Submitted are Two Different Things (Bill 55 Phantom Offers) RECO deals with Offers being “made” and OREA deals wi ...

Tagged with: made submitted bill 55 phantom offers orea form 801 reco ontario law

Keeping Track of Real Estate Offers in Ontario (Bill 55)

June 17, 2015 - Updated: June 17, 2015RECO, OREA

Keeping Track of the Offers The Real Estate and Business Brokers Act, 2002 needs to change in order to impose a requirement to keep tr ...

Tagged with: offers phantom bidding wars bill 55 reco ontario law

Phantom Offers in Ontario (targeted by Bill 55)

June 17, 2015 - Updated: June 17, 2015RECO, OREA

Phantom Offers in Ontario (targeted by Bill 55) With the prevalence of bidding wars in Toronto and the GTA, have come “phantom o ...

Tagged with: phantom offers reco orea bidding wars ontario

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

RECO Encourages Multiple Offers ~ Penalizes Agent for Missing Opportunity

June 2, 2013 - Updated: June 2, 2013Discipline (Agents)

Robert Smith acted for William and Martha Jones in the sale of their property. It was a fully rented triplex asking $500,000 subject to a 5% com ...

Tagged with: discipline reco conflct of interest bully offers

RECO Election only 2 days to VOTE

May 14, 2013Interesting

As mentioned, I am running in the RECO election, so I would be pleased if you would be kind enough to favour me with your vote. You should h ...

Tagged with: reco election 2013 vote voting directors

Agent Enters House without Permission ~ Penalty

May 12, 2013 - Updated: May 15, 2013Discipline (Agents)

The Real Estate Council of Ontario (RECO) recently considered the case of entry into a house without permission. The Criminal Code cov ...

Tagged with: entry house no permission discipline reco breaking and entering

Agent with Conflict of Interest Fails to Protect Client

May 11, 2013 - Updated: May 11, 2013Discipline (Agents)

This is a rather unusual case in which the Agent really sought to acquire the property for himself. The vendor, John Smith was under s ...

Tagged with: discipline reco conflict of interest buying clients property

Failure to Cancel Listing ~ Agent Discipline

May 7, 2013 - Updated: January 29, 2016Discipline (Agents)

The Real Estate Council of Ontario (RECO) recently had to deal with the issue of the cancellation of a listing agreement. The agent ap ...

Tagged with: reco cancellation termination suspension listing

RECO Election 2013 ` Unprofessional Conduct (Bully Offers)

April 19, 2013 - Updated: April 19, 2013Interesting

As many of you know, I have offered to let my name stand as a candidate for election as a Director of the Real Estate Council of Ontario for a t ...

Tagged with: campaign election reco 2013 bully offers unprofessional conduct brian madigan

Did You Get your E-mail From Computershare?

April 14, 2013 - Updated: April 14, 2013RECO, OREA

RECO Election 2013 Online Issues RECO has used the services of Computershare to conduct its online voting for the 2013 Election of Dir ...

Tagged with: reco election 2013 vote voting directors

RECO Election 2013 - Brian Madigan LL.B. Candidate Profile

April 1, 2013 - Updated: April 14, 2013Interesting

Brian Madigan LL.B. ~ Candidate RECO Board of Directors 2013 The Real Estate Council of Ontario (RECO), the governing body of real es ...

Tagged with: reco election 2013 board of directors

Continuing Education Changes By RECO

March 20, 2013 - Updated: March 20, 2013Courses

It is important to note the new changes to the continuing education program as implemented by RECO. For anyone requiring a renewal of ...

Tagged with: reco orea credits ceu mandatory courses programs article

Should You Sign an SPIS?

March 18, 2013 - Updated: March 18, 2013Seller Property Information Statements (SPIS)

The question is: “do you sign one or not?” OREA says yes. RECO says yes. But, most Ontario lawyers would say “no&rdq ...

Tagged with: spis seller property information statement orea reco lawyers ontario law article

Brian Madigan LL.B. Broker

RE/MAX West Realty Inc. Brokerage

Independently owned and operated

96 Rexdale Blvd. , Toronto Ontario,

Phone: 416-745-2300

BRMadigan@Rogers.com

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