In advance of the 2022 General Local Elections, BCREA discussed housing challenges faced by mayors and community stakeholders in several of BC’s unique municipalities.
Posts tagged with “Commission”
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Despite good intentions, there are limits to how far a REALTOR® should go to help a colleague when it comes to business collaborations and opportunities.
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Beginning in the late eighteenth century, courts refused to enforce illegal contracts as a matter of public policy…
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Could a licensee be held liable for the poor performance or negligence of another professional such as a home inspector…
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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…
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A recent BC Supreme Court decision confirms that the Multiple Listing Contract (MLC) creates an equitable assignment…
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A recent case illustrates the pitfalls awaiting brokerages and REALTORS® when choosing to act as a limited dual agent…
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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…
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A half-interest in a home is owned by a live-in resident, while the other half-interest is owned by non-residents…
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In a case where a seller refused to accept a deposit cheque, a Supreme Court judge gave an answer to a problem we didn’t know we had in the Contract of Purchase and Sale (CPS)…
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The phrase “the race goes to the swiftest” describes the result of a dispute between the purchasers of two adjoining lots in a subdivision fronting on Columbia Lake…
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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…
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A couple who agreed to purchase a yet-to-be-constructed condominium from a developer repudiated the agreement after it was built because their complaints could not be resolved…
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A false start raised several expensive obstacles for a licensee who sued for payment of a commission…
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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…
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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…
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I understand it is the standard practice of a licensee to explain the significance of the Contract of Purchase and Sale terms to the parties to it, before it is signed…
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Earning a commission is very much an all or nothing venture…
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A Supreme Court of British Columbia judge decided an individual who was not licensed as an agent or salesperson under the Real Estate Act was entitled to payment of $50,000 for introducing a buyer to property sellers…
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An agent who is given a listing of real property by a receiver/manager licensed under the Bankruptcy and Insolvency Act can confidently expect to be paid if a buyer contracts during the term of the listing to purchase…
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A Port Alberni agent successfully collected a commission because of his prominently displayed sign on his principal’s property…
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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…
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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…
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The increase several years ago of Small Claims Court monetary jurisdiction to $10,000, opened the door for a number of licensees to sue for payment of a commission which they might otherwise have chosen…
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The conclusion of a judge, concerning the test for determining the effective cause of sale in a case where an agent sued for a commission, may have some application to the arbitration of a commission dispute…
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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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An investment made by BCREA and the Victoria Real Estate Board, of legal fees towards the cost of a claim made by a Victoria licensee, that payment of her commission had priority over the receiver/manager…
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Two decisions illustrate the risk of not using the full name of a company purchasing property, or the failure of a company to be incorporated at the date it received the benefit of an assignment of a contract…
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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…
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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…