Legally Speaking Breaking Up is Hard to Do: What Happens When a Licensee Leaves a Brokerage? #573

Today we explore what happens with listing agreements, contracts, commissions, trade transferability, and confidentiality when a licensee departs from a brokerage.

Legally Speaking Mental Health and Mental Capacity in Real Estate Contracts #560

It’s important for REALTORS® to consider how mental health issues impact a person’s ability to enter into real estate contracts.

Legally Speaking Effective Cause #492

What if a buyer is introduced to a property, or to a seller, during a multiple listing, but later enters a legally enforceable contract to buy the property after the listing expires…

Legally Speaking Liability for Commission #481

A recent BC Supreme Court decision confirms that the Multiple Listing Contract (MLC) creates an equitable assignment…

Legally Speaking Enforcement of Holdover Clauses #443

Commission under listing contracts has always been payable where a legally enforceable Contract of Purchase and Sale is entered into by the seller during the term of the contract.

Legally Speaking Commission Due Despite Extension of Completion Date #405

In general, a brokerage must have a contract with a person to claim commission from that person. In each particular set of circumstances, the wording of…

Legally Speaking Compensation for Loss of Commission Under a List Back Agreement #391

Legally Speaking 62 and 162 discuss cases involving paragraph 8 of the Multiple Listing Contract…

Legally Speaking Paragraph 8 of the Multiple Listing Contract—Seller’s Obligation to Refer Inquires and Offers; Commission Lost, Contingent Upon Giving Written Notice #376

Paragraph 8 of the standard Multiple Listing Contract requires the seller to refer and deliver all enquires of offers to purchase the listed property to the listing agent…

Legally Speaking Cooperating Agent’s Claim for Commission from Listing Agent #307

The agent for a prospective buyer, whose offer for a seller’s property was rejected, sued the listing agent for the share of commission offered by…

Legally Speaking Listing Contract – Cancellation and Relisting; Discharge – Ministry Of Highways – Attempt to Reserve Property for Future Highway Use #280

Column #279 discussed the cancellation of a listing, which cancelled the holdover clause and the practice of cancelling an MLSO listing of property, which has been on the market for a number of days to give…

Legally Speaking Listing Licensees Duties to Provide True Market Value; The Cancellation of a Listing Cancels the Holdover Clause #279

The extent of a licensee’s duty to provide market value for property a licensee knows he will list for sale, was discussed in a case where a lakefront lot, which was listed for sale at $35,000, was purchased…

Legally Speaking Commissions Small Claims Court #208

The increase in the Small Claims Court jurisdiction to $10,000 has resulted in more cases of some complexity being tried in that court because the process…

Legally Speaking Commission Cases #189

The right of an agent to a commission arose in a case where the vendor refused to complete a sale because just two days prior to closing, the purchaser substituted a nominee company for himself as the purchaser…

Legally Speaking Conduct of Sales Proceedings #182

An exclusive conduct of sale given in court ordered proceedings for the sale of property is normally limited to a stated period of time and usually gives the person with conduct of sale the right to…

Legally Speaking Commissions #181

The following cases illustrate the often expressed statement that in considering an agent’s claim for commission, no general rule can be laid down and each case must be decided on the terms of the contract…

Legally Speaking Commissions #113

There are occasions when a licencee agrees reluctantly to pay part of a purchaser’s costs out of the licencee’s commission, to make a deal between a cash-short purchaser…