16 Апр Which Of The Following Cannot Be A Brokerage Service Agreement
When a licensee is responsible for providing real estate services by a client, that client must have specific obligations: it is important that all licensees recognize that if they have a list on a property that can be subject to enforcement proceedings, their list may be cancelled at any time by a court order. It is also important to note that the judicial process, which includes the manner in which bids are presented to the courts, and that the court`s review of offers may differ materially from the usual practice of the licensee. Licensees are advised to exercise caution when deciding on the buyer and seller to ensure that any offer, subject to judicial authorization, is acceptable, including how potential buyers wish to be flagged by title (common or joint tenants). It is expensive to have a sale approval order changed after it has been issued. Licensees should also consult with their buyers and sellers through appointments — both in terms of judicial authorization and completion — as the time required to approve sales orders may have increased as a result of changes in the silos rules. It is also appropriate to draw the attention of the licensees to the fact that the Tribunal`s decisions before a higher court could be challenged. Section 3-3 of the Internal Regulations describes the tasks that are typically related to the brokerage agency when a broker is the broker and all licensees assume the same obligations to the brokerage agency`s clients. In such circumstances, when mandated by a client to provide real estate services, brokers and associate licensees must: at some point, the licensee is approached by a potential buyer interested in buying the same property and wants the licensee`s brokers to become their buyer`s agent. With respect to these principles, the Court referred to other cases concerning an agent`s obligations in its implementation with its own clients. In Brown et al.
v. Premier Trust Co. et al., it was found that «The Initius is thrown upon them to establish the perfect fairness and justice of the transaction. You must prove that Dr. Brown (the client) did not enter into the transaction through the actions of Holmes (the agent), but «after providing complete and sufficient advice and with all the information he had as essential to his conduct; that he either had independent and disinterested advice, or that he could have been given sufficient protection as such a council. In other words, they must prove that they gave all reasonable advice against them that would have been given to Dr. Brown against a third party. In addition, section 5-13 (3) of the rules states that when a customer orders a taker not to disclose disclosure, the policyholder must refuse to provide other commercial services for or on behalf of the customer with respect to the trade.