By: Gerry Neely B.A. LL.B.

I was overwhelmed by the huge response of REALTORS® to the survey initiated by BCREA asking for the topics you'd like addressed in upcoming issues of Legally Speaking. There were more than 1,300 responses, with comments and suggestions ranging from the 77 licensees concerned about "ethics, Code of Ethics, professionalism" to one licensee who wanted more humour/fun in the column. Oh, if only the facts and law lent themselves to humour as readily as column 346 (Nude beach disclosure or not; latent or patent defect?).

Agency issues, particularly agency disclosure, buyer agency, and limited dual agency were high on the list, as were commission, condominiums and Contracts of Purchase and Sale, to name just a few.

Below are the top ten suggestions for future Legally Speaking columns. Since Legally Speaking is meant to be timely, they will be addressed as relevant legal cases arise.

While I'm pleased to have so many suggestions, as I read through the 25- page list I realized the answers for many of these can be found in the existing columns, using the Keyword Index available on BCREA's REALTOR Link homepage. The index can be an invaluable, user-friendly tool, due to plenty of cross referencing.

In consulting the Keyword Index on random topics you proposed, I found previous columns already available for backup offers, holdover clauses, archaeological sites, inspections, easements and rights of way, parking spaces (15 columns), counter-offers, measurements (12 columns), property disclosure statements, assignments and many more.

The only problem with the Keyword Index is that some topics have dozens of entries (in some cases, over 100), which can result in a time-consuming search. To make the Keyword Index more usable, I've started adding subject matter indexes for keywords found in a large number of columns.

The first keyword selected is "commission." The new subject matter index breaks the 105 columns that mention commission into 26 headings, from Commissions, Assignment of to Commissions, Unjust Enrichment. The index includes nearly 40 columns of commission claims won and lost, with reasons. For those REALTORS® who expressed an interest in commissions in foreclosure actions, the Court Ordered Sales and Foreclosure Actions heading refers the reader to nine columns. Disputes Between Agent/ Salesperson and Sale of Shares or Property are two other headings.

Subject matter indexes will soon follow for: fiduciary duties, listing contracts, clauses, commercial property, Contract of Purchase and Sale, Real Estate Act and misrepresentation.

Readers who use the Keyword Index will find it an easy first step to see if their questions can be quickly answered.

*Extensive information about the Real Estate Services Act and the Real Estate Development Marketing Act is available from the Real Estate Council of BC, periodically through BCREA and real estate board newsletters and in BCREA's Continuing Professional Education seminar The New Real Estate Services Act: Everything You Need to Know.

To subscribe to receive BCREA publications such as this one, or to update your email address or current subscriptions, click here.

Without limiting the Terms of Use applicable to your use of BCREA's website and the information contained thereon, the information contained in BCREA’s Legally Speaking publications is prepared by external third-party contributors and provided for general informational purposes only. The information in BCREA’s Legally Speaking publications should not be considered legal advice, and BCREA does not intend for it to amount to advice on which you should rely. You should not, in any circumstances, rely on the legal information without first consulting with your lawyer about its accuracy and applicability. BCREA makes no representation about and has no responsibility to you or any other person for the accuracy, reliability or timeliness of the information supplied by any external third-party contributors.