Three disciplinary decisions of note were released in September 2021. They each had large sanctions and a common thread. Let’s explore these decisions.
Posts tagged with “Limited Dual Agency”
Legally Speaking Conflicts of Interest: Sound Judgment Required #543 
Legally Speaking Working with Unrepresented Parties #536 
Realtors should be familiar with the Real Estate Rules for dealing with unrepresented parties so that they understand how to disclose to consumers whether or not they will be representing them.
Legally Speaking Learning from an RECBC Discipline Decision #535 
Starting in 2016, the real estate profession has seen numerous regulatory changes, including increased fines, new regulations, greater involvement from the Real Estate Council of BC.
Legally Speaking Co-Listings: What REALTORS® Should Consider When Co-listing a Property #530
Before entering into a co-listing agreement, there are some important items REALTORS® need to consider…
Legally Speaking Implied Agency: If It Quacks Like a Duck, It May Be a Duck! #503
Implied agency is very much on the brain these days with the Superintendent of Real Estates new rules on agency now in effect…
Legally Speaking Practice Limited Dual Agency At Your Risk #473
Despite being fraught with risk, licensees continue to practice limited dual agency. While BC courts have recognized the modifications to the agency relationship agreed to by buyers and sellers who have entered…
Legally Speaking The Duty to Review Contract Terms #467
BC courts have accepted that the Limited Dual Agency Agreement (LDAA) limits certain general obligations that a licensee has to their clients…
Legally Speaking Buyers Must Beware #465
A recent Provincial Court decision was an excellent example of how BC higher court judgments are applied to the factual problems that arise between buyers and sellers…
Legally Speaking Limited Dual Agency and Independent Advice #459
Judicial consideration of the practice of limited dual agency continues to evolve. A recent court decision1 considered whether a REALTOR® had a…
Legally Speaking “Limited Dual Agency Or No Agency,” There Is A Different #446
A recent case illustrates the pitfalls awaiting brokerages and REALTORS® when choosing to act as a limited dual agent…
Legally Speaking Limited Dual Agency and the BC Court of Appeal #439
In 2008, a BC Supreme Court decision awarded damages against a REALTOR® for breach of fiduciary duty when acting as a limited dual agent. The REALTOR®, while selling his own property to a client…
Legally Speaking Passing Information Accurately #433 
In a real estate deal, a client depends on the licensee to accurately relay information between the parties. This is especially critical where the licensee is a limited dual agent. . .
Legally Speaking Limited Dual Agency Can Still be a Risky Business #427
A recent BC Supreme Court decision awarded damages against a REALTOR® for breach of fiduciary duty while acting as a limited dual agent…
Legally Speaking Limited Duty of Care in Limited Dual Agency #426
There have been numerous articles on the legal concept of limited dual agency. Recent decisions of BC courts provide
Legally Speaking Limited Dual Agency or No Agency? #419
REALTORS® should remember that limited dual agency isn’t the only option available to them when dealing with both parties to a transaction…
Legally Speaking In a Limited Dual Agency, When is Notice Received? #413
In general, when a licensee serves as agent for her principal—the client—the licensee has authority to send and receive communications for that client, unless the client directs otherwise…
Legally Speaking Property Law Act, s.6—Seller Must Have Title to Sue; Commission Case—No Breach of Fiduciary Duty #373
A couple who agreed to purchase a yet-to-be-constructed condominium from a developer repudiated the agreement after it was built because their complaints could not be resolved…
Legally Speaking Limited Dual agency—Defining “Personal Information” and Limitations on Dual Agency Relationships #366
A recent BC Supreme Court decision raises the question: are there circumstances when a licensee should avoid entering into a dual agency relationship…
Legally Speaking Exclusive Buyer’s Agent Contract, Commission and Limited Dual Agency Clauses #293
At last, a decision which I believe reviews, for the first time, the terms of the Exclusive Buyer’s Agent Contract, particularly paragraphs 4 and 6…
Legally Speaking Exclusive Buyer’s Agent Contract, Commission and Limited Dual Agency Clauses (continued) #294
The preceding column (#293) set out the facts concerning a licensee’s claim for commission under an Exclusive Buyer’s Agent Contract (EBAC) and gave the first reason why…
Legally Speaking Limited Dual Agency – Duties Now Owed to Both Seller and Buyer #244
When limited dual agency is consented to by the seller and buyer, the fact that the agent now has two principals to whom duties are owed, leads to unexpected consequences and a dilemma for which there may be no…
