Legally Speaking Brokerage Uses Oppression Remedy to Collect Commission #422

An Ontario brokerage recently used a modern corporate remedy to collect its commissions, when the principal of a corporate seller stripped virtually all the assets out of the company, leaving the seller an empty…

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 An Agent’s Duty of Care – Commission Cases Continued #360

Legally Speaking 359 considered a licensee’s successful claim for commission when his principals argued that he breached the standard of care and fiduciary duty owed…

Legally Speaking Commission Collection – No Breach of Duty or Fiduciary Relationship #359

When the price of a property listed on the Multiple Listing Service® (MLS®) is reduced, what is the extent of a licensee’s obligation, if any, to give follow-up notice…

Legally Speaking Commission – Licensees Sign the Effective Cause of Sale #314

A Port Alberni agent successfully collected a commission because of his prominently displayed sign on his principal’s property…

Legally Speaking Assignment of Commission to Listing Agent #311

A licensee with a deposit that is less than the commissions has always run the risk of either losing the remainder of the commission, or being forced to sue for it, because an unhappy seller…

Legally Speaking Chattels or Fixtures New Test Applied #260

Column #247 referred to a case in which the judge laid down six rules for deciding whether or not an article is a chattel or a fixture…

Legally Speaking Commission Upon the Sale of "An Insolvent Property" #232

The case referred to in Column #231, which discussed the loss of a commission payable by an insolvent owner of property valued at less than the total amount of mortgages…

Legally Speaking Commission Clause #231

Another commission case in which the licensee’s success illustrates again the importance of the wording of the commission clause…

Legally Speaking Commission Lost by Licensee Who Introduced Purchaser #221

As the real estate industry in British Columbia moves toward the adoption of buyers’ agency as an alternative to sub-agency, it is interesting to read decisions in which the licensee’s claim…

Legally Speaking No Commission on Building Contract Where Agent Failed to Disclose #220

Possession under the Contract of Purchase and Sale works well when possession is the day after completion, but not as well when both are on the same date…

Legally Speaking No Duty of Loyalty Owed Agent by Independent Contractor Salespersons #217

A licensed salesperson found a parcel of land for purchasers, who as joint venturers intended to build residential strata units upon it…

Legally Speaking Resale Before Closing #203

The question of when an agent’s duty to his principal ends is still uncertain…

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 Commission and One Year Holdover Period #172

One word in a listing contract meant the difference between failure and success for a licensee claiming commission based upon an offer made during a one year holdover period…

Legally Speaking Commission Earned During a One-Year Overholding Period #165

An Ontario listing agreement which expired on October 15th, 1984, had a one-year overholding clause…

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…