Restrictive Covenant

Drafting a Listing Exclusion #429

Legally Speaking

A listing contract may say that no commission is payable in certain circumstances; for instance, if the buyer is a certain person. Since the particular circumstances are excluded from those that attract commission, this arrangement is often called a listing exclusion. There is no standard wording for a listing exclusion. If the listing brokerage and seller

Commission Claim Lost, Restrictive Contract Wording #339

Legally Speaking

By Gerry NeelyB.A. LL.B. Earning a commission is very much an all or nothing venture. It is made riskier by the court’s strict interpretation of a listing contract to determine whether the acts of an agent who claims a commission, fall within the precise wording of the contract. It is important that an agent not

Warranty By Numbered Company – Bankruptcy – Licensee’s Liability for Failure to Advise Seller to Take Security for the Warranty; Private, Not Public Rights of Way and Paragraph 9 of the Contract Of Purchase and Sale #317

Legally Speaking

By Gerry Neely B.A. LL.B What is a licensee’s duty of care to a client who is negotiating the purchase of a commercial property from a numbered company that agreed to give an unsecured warranty? This was the issue in an Ontario case where the licensee drafted the warranty clause in the contract he prepared

Personal Property Security Act – Commission Trust; Contract of Purchase and Sale (Paragraph One) Restrictive Covenant; Third Party Approval of Plans Not a Minor Defect of Title #267

Legally Speaking

By Gerry Neely B.A. LL.B The last column No. 266 ended with the suggestion that licensees with independent contractor contracts containing commission trusts, might wish to file a Financing Statement in the Personal Property Security Registry in Victoria, against the possibility that the Supreme Court of British Columbia may conclude that the commission trust creates

Restrictive Covenants – Cancellation or Modification #76

Legally Speaking

By Gerry NeelyB.A. LL.B. It’s been a hot summer and not just in the forests. The stack of listings you had in June have sold, disappearing as rapidly as pancakes at a loggers’ breakfast. No obvious source of new listings was apparent, and it looked as if cold calls might be the only antidote to