Duty to Deliver pursuant to the BRA
By Brian Madigan LL,B.
It is possible to have the matter of the responsibility for delivery of the executed agreement of purchase and sale resolved for once and for all in the Buyers Representation Agreement.
However, it doesn't.
Here is the closest provision:
"8. USE AND DISTRIBUTION OF INFORMATION: The Buyer consents to the collection, use and disclosure of personal information by the Brokerage for such purposes that relate to the real estate services provided by the Brokerage to the Buyer including, but not limited to: locating, assessing and qualifying properties for the Buyer; advertising on behalf of the Buyer; providing information as needed to third parties retained by the Buyer to assist in a transaction (e.g. financial institutions, building inspectors, etc...); and such other use of the Buyer's information as is consistent with the services provided by the Brokerage in connection with the purchase or prospective purchase of the property. The Buyer agrees that the sale and related information regarding any property purchased by the Buyer through the Brokerage may be retained and disclosed by the Brokerage and/or real estate board(s) (if the property is an MLS® Listing) for reporting, appraisal and statistical purposes and for such other use of the information as the Brokerage and/or board deems appropriate in connection with the listing, marketing and selling of real estate,including conducting comparative market analyses."
While this clause does enable the registrant to undertake certain activities, nothing at all is said of the agreement,
Needless to say, there is no similar provision contained in the Listing agreement or Customer Service agreement.
So, whose responsibility is it to deliver the agreement to the solicitor?
Just to quickly summarize, there is no provision requiring the registrant to do so, under:
1) the Act,
2) the Code of Ethics,
3) the Agreement of Purchase and Sale,
4) the Buyers Representation Agreement,
5) the Listing Agreement, or
6) the Customer Service Agreement.
However, in terms of "best practices", the registrant would be well-advised to do so. Since no authorization is made clear, and the agreement reference is vague, the parties should resolve this matter as between themselves. Certainly, if anything goes wrong, blame is going to be placed upon the registrant. So, be careful, fax it, email it or deliver it personally, and make sure you have "proof".
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com
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