by REM Editorial Team | Mar 8, 2011 | Advice for Agents, Legal Issues
By Donald H. Lapowich When dealing with a former non-management employee, no fiduciary duties are owed to past employers, such as a real estate brokerage. In an Alberta case, it was ruled that former employees were entitled to compete with former employers subject to...
by REM Editorial Team | Feb 18, 2011 | Advice for Agents, Legal Issues
Here are notes from some recent court cases. To many purchasers, it’s important to get a court order that the vendor specifically perform the sale – damages as the normal recovery in an action is the second-best outcome. The owners of property on an island rented part...
by REM Editorial Team | Feb 15, 2011 | Advice for Agents, Legal Issues
By Bob Aaron Real estate boards and agents across the country continue to promote the use of property disclosure forms, despite the fact that the form has resulted in an avalanche of litigation resulting from its widespread use and misuse. Proof of the litigation...
by REM Editorial Team | Jan 27, 2011 | Advice for Agents, Legal Issues
A town sold a piece of land under a tax sale. As it turned out, the land allegedly was formerly used as a landfill site and was unsuitable for residential development. This was not disclosed by the town. However, when the developer who purchased the land took legal...
by REM Editorial Team | Jan 5, 2011 | Featured, Legal Issues, News
An appeal by Fraser Beach, who unsuccessfully took legal action against the Toronto Real Estate Board (TREB) after it suspended his access to the MLS database in 2007, has been dismissed by the Court of Appeal for Ontario. TREB shut down Beach’s MLS access in May...
by REM Editorial Team | Dec 9, 2010 | Advice for Agents, Legal Issues
The purchaser of a motel sued both the vendor and the husband and wife team of real estate agents. The court found that there was no doubt that the vendor misrepresented revenues and therefore the value of the motel. The purchaser spent nearly $1 million on the...
