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Shedding light on hidden defects
What can your broker do in this situation?...
The broker’s obligations and his limits
From the signing of the brokerage contract to the signing of the deed of sale, the broker...has a duty to advise and inform you, but also to detect factors that may adversely affect the parties or the object of the transaction.
New residential building inspection standard
of this date, all the terms and conditions must be applied in order to obtain a certificate from the Régie du bâtiment du Québec (RBQ) to perform the duties...
2 Section 81 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising
Setting the market value of an immovable and the terms of sale
Duty to advise
Setting the market value of an immovable and the terms...of sale
3.1 Inspection ...Comparisons are based on a variety of elements: the history of properties sold from the databases of the information listing services for brokers and agencies
Municipality
Duty to verify
Municipality
<...h3>1.1 Identity and legal capacity
When a buyer tells his broker his intentions concerning the use he intends to make of the property, or when the broker determines that verification
Application for an agency licence
Under the general duties set out in section 62 and following of the Regulation...attachments/241/framework-agency-officer-july2013.pdf">Competency framework – Agency executive officer
The agency’s duty to supervise all brokers
The Agency Executive
Client referrals
40px;">12.2 Referral of clients from a registrant
Within the context of the duty...
For more information:
Information that can be given by a real estate broker to his client about insurance.
Aging oil tanks - How to lessen the difficulties they can cause
When selling such an immovable, real estate brokers must be mindful of their duty to inform and advise, which will help reduce the problems that the presence...
THE SELLER’S BROKER must:
obtain complete...
THE BUYER’S BROKER who is informed that the immovable has an oil tank must:
What is the obligation to avoid placing oneself in a conflict of interest?
This rule must be understood as a duty to promote and protect clients' interests....In other words, the client's interests must, at all times and in all circumstances, come before those of the real estate broker....When a broker introduces himself as a real estate broker to a potential client, is he acting for the benefit of this client by offering his services, or
In the wake of the housing market overheating, the OACIQ is stepping up its actions to protect the public!
Among the actions taken by the OACIQ, a new mandatory training course has been prescribed for all residential real estate brokers in Québec,...
The real estate broker has ethical duties...Real estate brokers must make every effort to ensure that their clients make appropriate and informed decisions.
Duty to supervise of the agency and its executive officer
Duty to supervise of the agency and its executive officer
The holder of an agency licence and the agency’s executive officer oversee...The procedure should include controls to ensure the quality of the drafting of fiduciary clauses by brokers in order to ensure the proper management of...These must detail the resources and tools in place to ensure proper use of the system by brokers and agency employees.
Disclosing personal information
Centris))
Parties to the transaction
Agency staff when required in the performance of their duties
Other professionals...The DS form must be provided without the buyer’s broker having to request it, in accordance with the duty to cooperate and inform all parties of the facts...Therefore, the OACIQ's syndic or inspector acting in the course of his duties may request from a licensee personal information concerning a person, such
Booming housing market: Over 14,000 brokers trained by the OACIQ to better protect the public
New brokers have 30 days to take it after the issuance of their licence....
The mandatory training allowed the OACIQ, through practical cases, to remind brokers of the duty to inform, advise, and verify, of the rules...Eric Girard, on the supervision of real estate brokers.
A suspended or revoked licence bars the holder from practicing
Therefore, upon receipt of the suspension notice, the agency and the broker must make sure to withdraw any publicity containing the name of the broker...The agency to whom a brokerage contract has been entrusted must immediately notify the parties represented by the broker in writing that the broker is..." target="_blank">Duty to disclose the licence holder status of the broker involved in the transaction and the nature of his interest in the transaction
The OACIQ needs you
Inspection Committee
The Committee makes recommendations based on inspection reports of brokers or agency executive officers....
Syndic Decision Review Committee (SDRC)
The SDRC's duty is to issue an opinion on the Syndic’s decision not to file a complaint...with the OACIQ Discipline Committee against the broker or agency targeted by his investigation.
Taking the time with your real estate transaction so nothing gets overlooked
The real estate broker has a duty to inform and advise the seller and the buyer of the consequences of waiving...’s duty in this regard....interested, this broker has a duty to defend and protect the interests of his selling client.
Is the electronic signature secure?
Broker’s duties
A growing number of professionals authorized by the OACIQ use such an electronic signature solution to conclude...Here are a few guidelines to be respected by brokers:
A broker who uses an electronic signature solution must first evaluate whether...The broker gives this last copy to each of the two clients.
Buying
Duties and obligations of the real estate broker ... The Real Estate Brokerage Act clearly defines the broker’s duties and obligations towards you....For example:
The broker is bound by a strict duty of loyalty to his client. He must promote his interests and protect his rights.
Understanding first refusal clause R2.2 of the mandatory form Annex R - Immovable
immovable
Clause R2.2 of the mandatory form Annex R – Residential immovable, the so-called “first refusal", generates a lot of questions from brokers...
The OACIQ also wishes to remind members that the mechanism described under clause R2.2 does not relieve the seller’s broker from his duty to...The same applies if the broker also represents the first buyer.
Civil Code of Québec regarding priority orders
AND OBLIGATIONS OF THE BROKER
When there is a mortgage priority, the broker must indicate...
The amount of property transfer duties, which are payable by the buyer of the property is calculated in two steps....
First, the basis of imposition for the property transfer duties must be established, which will be the greatest of the three following
Obtaining a licence, a conditional privilege
Obtaining a licence, a conditional privilege
Obtaining a real estate broker title is subject to specific conditions....
Access to real estate broker profession is governed by rules that are clearly set out in the Real Estate Brokerage Act....
Disclosing, a duty and an obligation
What to report to the Organization? Here is an overview.
Selling
Duties and obligations of the real estate broker ... The Real Estate Brokerage Act clearly defines the broker’s duties and obligations towards you....For example:
The broker is bound by a strict duty of loyalty to his client. He must promote his interests and protect his rights.
Concordance list of unpublished articles
124663 - Inspection report: brokers’ duties and obligations
203120 - To agency executive officers - Your duties towards your brokers and the public...as a self-employed worker: duties and resources to equip your brokers and yourself and avoid financial hassles
BEFORE YOU SELL: Making sure you are well prepared
with his skills and his code of ethics<...="font-style:normal;" target="_blank">“Duties and obligations of a real estate broker” in this guide....#brokers_ethical_duties" style="font-style:normal;" target="_blank">“Duties and obligations of a real estate broker” in this guide.
Leasing
The broker has the same duty to verify, inform and advise whether the transaction concerns the leasing, purchase or sale of a property....He also has a duty to advise his client regarding all the above legislation....However, he also has a duty to treat the other party fairly.
Collaboration with the OACIQ
Indemnity Committee to obtain information
Proceeding related to mediation, arbitrage or conciliation conducted by the OACIQ
The duty...Lavoie, 2021 CanLII 27565, the Discipline Committee stated that:
"(TRANSLATION) The first duty...and advertising "imposes on professionals the duty to collaborate during an inspection by disclosing all required information or documents as soon
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