Posts tagged with “Restrictive Covenant”

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The Section 9 Trap #507

When a residential listing agent receives an offer in the standard form, Contract of Purchase and Sale, the licensee should…

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Drafting a Listing Exclusion #429

A listing contract may say that no commission is payable in certain circumstances; for instance, if the buyer is a certain person…

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Clause 9, Contract of Purchase and Sale – Seller Unable to Deliver Clear Title, Contract Unenforceable #340

Clause 9 of the Contract of Purchase and Sale continues to be a trap for the unwary licensee (or lawyer), because it is the type of “boilerplate” clause that the eye and mind skip over…

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Commission Claim Lost, Restrictive Contract Wording #339

Earning a commission is very much an all or nothing venture…

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Warranty By Numbered Company – Bankruptcy – Licensee’s Liability for Failure to Advise Seller to Take Security for the Warranty; Private, Not Public Rights of Way and Paragraph 9 of the Contract Of Purchase and Sale #317

What is a licensee’s duty of care to a client who is negotiating the purchase of a commercial property from a numbered company that agreed to give an unsecured warranty…

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Priority Between Registered Judgment and Buyer Prior to Completion; Strata Corporation, Age Restriction in a Restrictive Covenant #270

What are the respective rights of a buyer, who had contracted to purchase property and a judgment creditor who had registered a judgment against the property, between the date of the Contract of Purchase and Sale…

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Personal Property Security Act – Commission Trust; Contract of Purchase and Sale (Paragraph One) Restrictive Covenant; Third Party Approval of Plans Not a Minor Defect of Title #267

The last column No. 266 ended with the suggestion that licensees with independent contractor contracts containing commission trusts, might wish to file a Financing Statement in the Personal Property Security Registry…

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Restrictive Covenants – Cancellation or Modification #76

It’s been a hot summer and not just in the forests. The stack of listings you had in June have sold, disappearing as rapidly as pancakes at a loggers’ breakfast…