Region: Guelph
Hearing Type: Discipline Hearing
Allegations:
2(1) – Brokers and salespersons
A broker or salesperson shall not do or omit to do anything that causes the brokerage that employs the broker or salesperson to contravene this Regulation.
3 – Fairness, honesty, etc.
A registrant shall treat every person the registrant deals with in the course of a trade in real estate fairly, honestly and with integrity.
4 – Best interests
A registrant shall promote and protect the best interests of the registrant's clients.
5 – Conscientious and competent service, etc.
A registrant shall provide conscientious service to the registrant's clients and customers and shall demonstrate reasonable knowledge, skill, judgment and competence in providing those services.
10(1)1 – Information before agreements
Before entering into an agreement with a buyer or seller in respect of trading in real estate, a brokerage shall, at the earliest practicable opportunity, inform the buyer or seller of the following: The types of service alternatives that are available in the circumstances, including a representation agreement or another type of agreement.
13 – Seller representation agreements
If a brokerage enters into a seller representation agreement with a seller and the agreement is not in writing, the brokerage shall, at the earliest practicable opportunity and before any buyer makes an offer, reduce the agreement in writing, have it signed on behalf of the brokerage and submit it to the seller for signature.
14 – Buyer representation agreements
If a brokerage enters into a buyer representation agreement with a buyer and the agreement is not in writing, the brokerage shall, before the buyer makes an offer, reduce the agreement to writing, have it signed on behalf of the brokerage and submit it to the buyer for signature.
16.1 – Disclosure before multiple representation
A brokerage shall not represent more than one client in respect of the same trade in real estate unless it has disclosed the following matters to the clients or prospective clients at the earliest practicable opportunity: The fact that the brokerage proposes to represent more than one client in respect of the same trade.
17 – Nature of relationship
If a registrant represents or provides services to more than one buyer or seller in respect of the same trade in real estate, the registrant shall, in writing, at the earliest practicable opportunity and before any offer is made, inform all buyers and sellers involved in that trade of the nature of the registrant's relationship to each buyer and seller.
37(1) – Inaccurate representations
A registrant shall not knowingly make an inaccurate representation in respect of a trade in real estate.
38 – Error, misrepresentation, fraud, etc.
A registrant shall use the registrant's best efforts to prevent error, misrepresentation, fraud or any unethical practice in respect of a trade in real estate.
39 – Unprofessional conduct, etc.
A registrant shall not, in the course of trading in real estate, engage in any act or omission that, having regard to all of the circumstances, would reasonably be regarded as disgraceful, dishonourable, unprofessional or unbecoming a registrant.
