Open a sessionDuties and Obligations of the Broker
The practice of real estate and mortgage brokerage is regulated in order to ensure that members of the public are protected when engaging in a real estate transaction through a broker’s intermediary. The rules and conditions of practice governing the profession are set out in the Real Estate Brokerage Act, the Regulations thereunder and the Rules of Professional Ethics. Read this section to learn more about the duties and obligations of your broker.
Water supply, wells and septic tanks: duties and obligations of the broker
When a transaction concerns a property that is not serviced by a municipal water system or equipped with a wastewater treatment system, financial institutions usually want assurances that the water is drinkable or the system is up to code before authorizing a loan.
PRIOR conditions and verifications required for brokers to operate within a business corporation and remuneration to be paid to the corporation by the broker’s agency
With the coming into force on January 1, 2012 of amendments to the Real Estate Brokerage Act and the regulations thereunder, a broker acting on behalf of an agency will be able to carry out his activities within a business corporation (company) which he controls. The remuneration formerly payable to the broker will now be payable to this corporation.
Refused transaction promises • A reminder on broker and agency obligations
Lorsqu’une promesse de transaction a été refusée ou lorsqu’elle est devenue nulle et non avenue parce que demeurée sans réponse, plusieurs courtiers ont la fâcheuse habitude de ne pas rapporter la promesse d’achat et autres documents de transaction à l’agence, commettant par le fait même une infraction à la Loi sur le courtage immobilier.
Agreement reached between the CREA and the Commissioner of Competition What is the actual impact on you?
The Organisme d’autoréglementation du courtage immobilier du Québec (OACIQ) has reviewed the Consent Agreement reached by the Canadian Real Estate Association (CREA) and the Commissioner of Competition. The Agreement was ratified by CREA Members on Sunday, October 24, 2010 and made public the next day.
Record documentation is every broker’s business
Le Service d’inspection reçoit de plus en plus d’appels de dirigeants d’agence qui ont de la difficulté à obtenir de leurs courtiers les documents nécessaires au maintien des dossiers et registres. Cette situation fait écho aux nombreux constats effectués dans le cadre de la vérification de la compétence des courtiers, lors des visites d’inspection aux établissements.
Floods and Real Estate - Everything brokers need to know
Last spring, the floods in Montérégie have disrupted the lives of hundreds of people.
This situation had a direct effect on the work of many of you, who may find themselves faced with properties damaged by water or located in a flood-prone area. In this context, the OACIQ has decided to organize a seminar on the subject.
Clarification
Further to some comments that we received, we wish to inform you that the OACIQ wrote to a television reporter from La Facture informing him that his report entitled “Une porcherie à proximité : doit-on aviser les acheteurs” (Pig farm nearby: do buyers need to be informed?) which aired on November 1, 2011, contained inaccurate information.
Have you sent your annual “Trust transaction report” and your “Register of disclosure notices” to the OACIQ for 2010?
Since the coming into force of the Real Estate Brokerage Act on May 1, 2010, all real estate or mortgage agencies, as well as all real estate or mortgage brokers acting on their own account, must submit an annual report on the sums held in trust and a copy of their disclosure notice register before March 31 of the following year.
Attempts of fraud targeting real estate agencies and brokers: be careful!
Recently, Info OACIQ Center has received many calls from real estate brokers regarding a fraud scheme that has already been detected and which seems to have resumed again.
Is Incorporation Right for my Situation From a Tax Point of View? or “What Brokers Acting on behalf of an Agency Should Know Before Planning to Practice Through a Corporation”
As of January 1, 2012, recent amendments to the Real Estate Brokerage Act (the “Act”) will enable brokers who act on behalf of an agency to carry on brokerage activities through a corporation under their control, in accordance with the terms, conditions and rules set out in the Act and in OACIQ's regulations.
