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Disclosure of Material Facts (Standards for Clients and Customers)

By
Commercial Real Estate Agent with RE/MAX West Realty Inc., Brokerage (Toronto)

 

Disclosure of Material Facts

Material facts section 21 Code of Ethics

Client Standard

21. (1) A broker or salesperson who has a client in respect of the acquisition or disposition of a particular interest in real estate shall take reasonable steps to determine the material facts relating to the acquisition or disposition and, at the earliest practicable opportunity, shall disclose the material facts to the client. O. Reg. 580/05, s. 21 (1).

Customer Standard

(2) A broker or salesperson who has a customer in respect of the acquisition or disposition of a particular interest in real estate shall, at the earliest practicable opportunity, disclose to the customer the material facts relating to the acquisition or disposition that are known by or ought to be known by the broker or salesperson. O. Reg. 580/05, s. 21 (2).

Basically, although phrased somewhat differently, I think this is the “same” standard.

I can’t think of any example that would fall under #1, but not fall under #2. If that is the case, then then end up being the same.

 

Can you come up with an example?

Mike Rock
Complete Design - Granite Bay, CA
Granite Bay Luxury New Construction...For Less

disclosure is thought of as such a dirty word. but it need not have to be. it is simply letting the other party know what you know.. that goes for the good as well... we sometimes fail to tell others what is good about the property

Sep 19, 2015 08:13 AM