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8. Obligations of the agency or the broker

The undertakings and obligations of the agency or the broker toward the buying client are similar to those toward a selling client. The undertakings provided for in section 8 of the brokerage contract to purchase are therefore similar to those set out in section 9 of the brokerage contracts concerning the sale of a residential immovable containing less than 5 dwellings.

However, a nuance is added to clause 8.1.3 with respect to the verification requirement, which refers to information that is not provided by another broker or agency. This clarification takes into account section 5 of the RBR:1

“5. A licence holder must verify, in accordance with generally accepted practice, all information provided to the public or to another holder, and be able at all times to prove the accuracy of the information.”

In addition, in clause 8.1.5 the broker undertakes to notify the buyer of his obligation to terminate the brokerage contract in case of a double representation situation, unless an exception applies, in accordance with section 29.1 of the Real Estate Brokerage Act. The termination procedure for the brokerage contract to purchase in this situation is also described.

Last updated on: May 18, 2023
Reference number: 264980