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.
In this context, licence holders keep their title at all times. They must therefore respect their duties and obligations set out in the Real Estate Brokerage Act and its regulations when they engage in brokerage transactions on behalf of a builder.
This means that a real estate broker may work for a builder or a real estate developer only as a real estate broker acting on his own account or through a real estate agency in accordance with the brokerage contract concluded with the builder or developer. He must be identified as such in any advertisement or business card given to a buyer and comply with reasonable conditions previously established with any other agency or broker who so requests.
Concerning remuneration, it is provided in the brokerage contract that it is payable to the agency or broker acting on his own account as the case may be. Therefore, the broker acting for an agency may accept remuneration only from the agency that employs him or authorizes him to act on its behalf.
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