When courts have to decide whose version of a conversation is more likely to have occurred, recourse must often be had to the surrounding circumstances and any available contemporaneous documentation. In addition, in assessing the conduct of parties in a commercial...
Agents often require buyer clients to enter into a Buyer’s Representation Agreement (BRA), which sets out the buyer’s agreement to pay the agent a commission on certain terms. The BRA is intended to provide an agent with some protection when working for a buyer to...
I am writing this follow up article for the story Burlington brokerage wins years-long legal battle for unpaid commissions, facing appeal published in REM in February, 2019. In this article, I want to share my thanks to my brokerage and my legal counsel for helping in...
Receiving a commission is every agent’s expectation when their efforts result in the lease or sale of a property. In Ngai v. Fufa Limited, the Ontario Superior Court of Justice decided that notwithstanding the agents’ efforts in attempting to negotiate a deal, the...
After a years-long legal battle, a Burlington, Ont.-based real estate brokerage recently won a court case and was awarded 100 per cent of its claim for unpaid commissions. However, the case is being appealed. Bob Van de Vrande, broker of record for the plaintiff Apex...
