Public articles
A suspended or revoked licence bars the holder from practicing
A real estate broker whose licence is suspended or revoked is no longer authorized to practice his profession or carry out brokerage transactions. He must cease any real estate brokerage-related activity.
The real estate broker acting as the client’s intermediary or mandatary
Under section 2 of the OACIQ’s Regulation respecting brokerage requirements, professional conduct of brokers and advertising (“the Regulation”), a broker must avoid placing himself in a conflict of interest.
Termination of a brokerage contract
Sometimes a seller decides that he no longer wishes to sell his immovable and wants to terminate the brokerage contract by which he entrusted the sale of his immovable to a broker or agency. A buyer or lessor can also sometimes wish to terminate a brokerage contract.
Remuneration payable by the seller
Before examining the various cases in which remuneration is payable by the seller to the agency or the broker acting on his own account, let us briefly consider what form the broker’s remuneration may have under the Exclusive brokerage contract – Sale.
The term of a brokerage contract
How long should a brokerage contract last? The answer is simple: it is up to the consumer and the agency or the broker to determine the length of the contract. There are no rules in the Act or the regulations stipulating a minimum or maximum term for a brokerage contract.
Pyrite Clause and Percentage: Ban It!
When a promise to purchase provides for a pyrite test and a real estate broker specifies a percentage above which the buyer can withdraw in the clause, the broker can be considered at fault professionally. This practice, which has often been reported to the Organization, presents a serious risk to clients.
Establishing the right selling price
One of the essential tasks of the real estate agency or broker is to help the owner establish a realistic selling price. Sometimes, the price requested is inadequate because the seller lacks information. To establish the property's fair market value, the real estate agency or broker may perform a comparative analysis with other similar properties on sale or recently sold in the vicinity.
Promise to purchase and financing of an immovable
Financing can make or break a real estate transaction. Therefore, in order to properly advise his clients, it is important that a real estate broker fully understand the obligations relating to new hypothecary loan.
Saying NO to real estate fraud
In the course of his daily activities, a real estate broker comes into contact with a large number of clients and uses many forms to transact real estate. Because he is at the center of these transactions, he plays a key role, representing either the seller, the buyer, or the borrower.
The real estate agency or broker working for a builder or developer
To what extent a real estate agency or broker may sell new houses for a builder or developer? First, it is essential to state that acting as an intermediary between a buyer and a builder in the purchase of a new house in exchange for compensation constitutes real estate brokerage within the meaning of the Act.
House for Sale by Owner
When seeing a "House for Sale by Owner" sign, you initiated the conversation with the owner and offered to do business with him to sell his property. He then tells you: "I do not want to know anything about a brokerage contract, but if you find me a buyer, I'll give you a little something.” Despite that, you start looking for the future buyer, obviously unaware that this approach could cost you a lot.
The real estate broker’s right to compensation after the expiry of the brokerage contract
The Info OACIQ information centre often gets calls from selling owners inquiring about the risk of signing a new brokerage contract upon the expiry of the initial contract. They wonder if they are therefore released of their obligation to pay compensation under the first contract.
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