by admin | Oct 26, 2012 | Recent Works
Agency Relationships Explained
When you deal with a REALTOR, you can expect not only strict adherence to provincial laws, but also adherence to a Code of Ethics and Standards of Business Practice. The Code and Standards are very important to you, because it assures you will receive the highest level of service, honesty and integrity. One provision of the Standards requires REALTORS to seek written acknowledgment from vendors and purchasers of disclosure of the agency relationship
A REALTOR will be pleased to discuss his or her agency relationship and responsibilities with you. If you need clarification about the types of agency relationship available, ask the REALTOR to explain your alternatives.
WHAT IS AN AGENCY RELATIONSHIP?
An agency relationship is created where one person, known as the principal, asks another person, known as the agent, to act for and on the behalf of the principal. The principal will define the nature and extent of the agency relationship; in other words, what the agent is being asked to do. In real estate transactions, agency relationships are created when vendors or purchasers ask REALTORS to act on their behalf in real estate transactions.
CONSEQUENCES OF AGENCY RELATIONSHIP
As a matter of law, an agent who represents a principal owes that principal the highest duty of “utmost good faith”; the agent must represent the principal’s best interests at all times. The agent owes his principal a duty of confidentiality regarding information about the principal.
AGENCY IN REAL ESTATE TRANSACTIONS
In most cases, there are two parties in a real estate transaction; a vendor who owns a property and who wants to sell it, and a purchaser who wants to buy a property.
The job of REALTORS is to bring together willing vendors and willing purchasers in successful real estate transactions.
WINDSOR ESSEX COUNTY ASSOCIATION OF REALTORS
The Windsor Essex County Association of Realtors (WECAR) is an association of REALTORS. WECAR operates an MLS System; this System is a mechanism whereby vendors, through their agent (known as a Listing Broker), can make known the fact to other REALTORS that a particular property is for sale. By placing a property on the MLS System, the Listing Broker (agent of the vendor) lets it be known to every other REALTOR that they can be a “Co-operating Broker”.
AGENCY RELATIONSHIP BETWEEN VENDOR AND LISTING BROKER
As noted, a vendor usually engages a REALTOR to act on its behalf in the sale of a property; this REALTOR is known as the Listing Broker. The vendor and the Listing Broker will enter into an MLS Listing Agreement whereby the agency of the Listing Broker is confirmed, and the vendor agrees to compensate the Listing Broker for its efforts. This compensation is usually called commission, and usually takes the form of a fee or payment from the vendor of the real property upon successful completion of the real estate transaction. By placing a property on the MLS system, the Listing Broker, in its offer to all other Co-operating Brokers to bring a purchaser, offers to share the commission the Listing Broker is being paid by the vendor.
Thus, for a vendor, the key to the MLS System is that the vendor’s agent, being the Listing Broker, has placed the vendor’s property on the MLS System and so made an invitation to all Co-operating Brokers to bring a purchasers offer acceptable to the vendor, and thereby become entitled to a portion of the commission which the vendor has agreed to pay.
PURCHASERS AND THEIR REPRESENTATIVES
Just as with the vendor, the purchaser of real estate will often engage a REALTOR in connection with a real estate transaction. However, it is important to understand that by contacting a REALTOR, it does not necessarily mean that the purchaser has established an agency relationship with that REALTOR. There are several usual types of relationships which may exist between a purchaser and REALTOR (the “Co-operating Broker”) in a real estate transaction;
- sub-agent of vendor;
- Buyer Broker, to be compensated by purchaser;
- Buyer Broker, to be compensated through Listing Broker
These are the usual forms of agency relationships; this is not to say there may not be others.
Where a REALTOR is acting as sub-agent of the vendor, it is important for purchasers to realize that the REALTOR is technically an agent of the vendor so that duties are owed by the REALTOR to that vendor. However, the purchaser can expect the REALTOR to disclose all pertinent information about a property, not to misrepresent any facts, and to honestly answer all questions about the property. This has been a usual form of relationship for many years in the real estate industry.
When a REALTOR acts as Buyer Broker (whether paid by the purchaser directly or through the Listing Broker), the purchaser can expect the REALTOR to act in the purchaser’s interest alone as there is no sub-agency relationship with the vendor. In the case of buyer brokerage, the relationship is typically established by a Purchaser’s Agency Agreement, and the REALTOR is clearly only the agent of the purchaser.
DUAL AGENCY
It may be on a particular transaction involving real estate that both the vendor and purchaser are represented by the same Firm. This is known as dual agency.
In dual agency, there is effectively only one agent, or Firm, in a situation where there are two principals. In this case, duties to principals can become conflicting given that one agent is acting for more than one principal.
When REALTORS seek a Listing Agreement from a vendor, or REALTORS seek confirmation of agency relationships from a purchaser, it will be normal for the REALTOR to ask the party signing the agreement to acknowledge that dual agency may occur, and that conflicts and duty of confidentiality are waived.
DISCLOSURE OF RELATIONSHIP
At the earliest practical point in time, in an offer regarding real property, and from time to time if the agency relationship changes, REALTORS are required to disclose to other REALTORS the nature of their agency relationship.
COMMISSIONS AND PAYMENT OF COMMISSIONS
As noted, by placing a property on the MLS System, the Listing Broker (agent of the vendor) lets its be known to every REALTOR the offer to become a Co-operating Broker, and that the Listing Broker is offering to share the commission that the vendor has agreed to pay the Listing Broker. Where a Co-operating Broker acts as a sub-agent of the vendor, the REALTOR will be paid through the Listing Broker and the purchaser will not have to pay anything directly to the REALTOR. However, where the purchaser enters into a Purchaser’s Agency Agreement with a REALTOR as a Buyer Broker (the REALTOR is only agent of the purchaser), the purchaser will either compensate the REALTOR directly, or direct that the REALTOR is to compensated through the Listing Broker.
CONCLUSION
It is up to all vendors and purchasers to discuss openly and freely with REALTORS agency, agency relationships, the type of agency relationship desired and the best approach to compensation for REALTORS. All REALTORS are dedicated to acting for vendors and purchasers, and the efficient working of organized real estate. All REALTORS are ready and able at all times to answer all questions and inquiries.
Source: TREB
by admin | Aug 21, 2012 | Recent Works
I recently attended a WECAR Commercial Forum and several interesting recent City development incentive programs were described. I have enclosed the presentations for your information.
The two main items were:
1. The entire City of Windsor is now designated as a Community Improvement Plan, so all properties being developed in the City may benefit from future property tax rebates if they are being developed for the Target Sectors (industries).
2. Brownfield Sites have a number of incentives being offered for redevelopment, including environmental assessment, tax rebates, and development charge rebates
I beleive the City of Windsor is one of the first City’s in Canada to do a City wide Community Improvement Plan.
City of Windsor Community Improvemtne Plan CIP Presention
Target Sector: Eligible Use Definitions
by admin | Jul 9, 2012 | Recent Works
With average property values of less than half the national average, as well as 100 miles of waterfront property, Windsor and Essex County is becoming a leading retirement destination.
The Windsor Essex County Real Estate Board has formed the Retire Here Web Site to promote the advantages of relocating and retiring in Windsor and Essex County.
REASONS YOU SHOULD CONSIDER RELOCATING TO WINDSOR ONTARIO FOR YOUR RETIREMENT YEARS.
•1. COST OF REAL ESTATE– Did you know that the Windsor Essex County area has some of the lowest cost of Real Estate of all major metropolitan areas in Canada? Yes it’s true; your dollar goes much further in the Windsor Area. You can buy luxury accommodations for less money than standard homes in most other major cities. Purchasing a home or property here will range 30% to 50% less than in comparable markets. Luxury retirement developments are under construction, completed or scheduled to break ground and account for $90 million in private money between 2007 and 2010.
•2. WEATHER – Did you know that Windsor is on the same latitude with parts of California? We enjoy a temperate climate, and seven to eights months out of the year is short sleeve weather. Our winters are also very moderate compared to the rest of Canada.
•3. BIG CITY AMMENITIES– Did you know that Windsor is only a 5 minute car ride over the Ambassador Bridge from the Detroit Metropolitan Area? In Detroit, there are 4 major sports teams. The NBA’s Detroit Pistons Basketball, the NFL’s Detroit Lions Football, the NHL’s Detroit Red Wings Hockey, and the MLB’s Detroit Tigers Baseball. Also across the river you will find the best shopping in the world, major transportation hubs, and some of the best restaurants in the United States.
•4. LOW CRIME RATE– Windsor has one of the lowest crime rates of any Canadian City. Our police do a great job; make it an ideal retirement area.
•5. ACCESS TO MAJOR AIRPORTS– Windsor is considered the gateway connection between Canada and the U.S., the region is a major transportation hub for air, rail, truck and marine services. Windsor International Airport offers easy access to scheduled airlines, private and executive charters, medieval and freight services. Only 45 minutes away, Detroit Metro International Airport offers frequent flights daily to southern U.S. and international destinations. Via Rail is located close to downtown Windsor and offers quick access to frequent daily departures. Amtrak has 2 Detroit stations within a 45-minute drive.
•6. HOSPITALS AND HEALTH CARE– We’re focused on leading health-care specialists and facilities that include 2 municipal and one county hospital providing 1,000 acute-care beds; state-of-the-art Windsor Regional Cancer Centre; 20 long-term care facilities, the University of Windsor’s new Schulich School of Medicine and Dentistry plus expedient access to world-class hospitals in Detroit, the University of Michigan Health System in Ann Arbor and London Health Sciences Centre, London, Ontario.
7. PARKS AND NATURAL AREAS– We enjoy one of the most biologically diverse regions in the country. The Essex County Area has 16 conservation areas and two islands perfect for hiking, jogging, camping, picnics, or even diving for shipwrecks. Cross-country ski through miles of woodlands and along shorelines
•8. RECREATIONAL PARADISE- . Enjoy challenging golf and an extended golf season on 35 golf courses, fresh water fishing and a boater’s paradise with 30,000 watercraft and 2,800 marine berths.
•9. GAMBLING & ENTERTAINMENT MECCA– Take in premiere 24-hour gaming and star performers at the new Caesars Casino, live harness-racing action and slots at Windsor Raceway.
•10. WINERY REGION & FESTIVALS- award-winning estate wineries, county fairs and festivals, multi-cultural celebrations, botanical gardens and bird sanctuaries.
