phase 2

• municipality the right to use another person’s land in some way. Thus, an easement
• grants rights to a non-owner, while partially restricting the owner’s use of the land
• affected by the easement. An easement or right-of-way usually describes a particular
• portion of property, and although not visible on the ground, provides an area of access
• to the holder of the easement or right-of-way.

• inadvertently built a structure, such as a fence or garage, partly over an adjoining
• owner’s land.

• notice that there is litigation pending, or in progress, in respect to that particular parcel
• of land.

development intact despite the fact that it is contrary to a municipality’s land useprovision.

• illustrates in detail the location of all relevant, visible public and private improvements
• relative to property boundaries.

• • perform the services the brokerage hired them to perform but not exceed the
• scope of their authority
• • obey the lawful instructions of the brokerage
• • comply with brokerage policies and procedures
• • exercise care and skill in providing services to the public
• • maintain confidentiality of brokerage and client information
• • ensure the brokerage’s fiduciary obligations to clients are satisfied
• • comply with applicable provincial and federal laws related to the provision of
• services to the public

• beneficiary (brokerage). Examples of an industry member’s fiduciary obligations to the
• brokerage include:
• • loyalty to the brokerage
• • avoiding conflicts of interest, i.e., between personal interests and the brokerage’s
• interests
• • not misuse confidential information learned from the brokerage
• • account for all monies received from clients
• • not make a secret profit as a result of the relationship with the brokerage

• The broker and brokerage require the cooperation of all the industry members
• registered to the brokerage in order to fulfill their responsibilities. Rules s. 53 sets out
• requirements and responsibilities of industry members to the brokerage:
• • trade only in the name that appears on the industry member’s licence
• • trade only in the name of the brokerage

• ensure trades and the relevant documentation meet requirements
• • provide the broker with original documentation and/or copies of original
• documents provided to the parties or maintained by other brokerages
• • keep the broker informed of activities being performed on behalf of the brokerage
• • ensure adequate supervision of employees, i.e., assistants
• • notify the broker if a deposit for a transaction has not been received
• • respond promptly to an inquiry by the broker
• • notify the broker upon learning of a violation of the act, regulations, Rules or
• bylaws by any brokerage industry member or employee

• agreement whereby the brokerage represents only that client’s interests in a
• transaction. The fiduciary duties for sole agency are expressed in the Rules: loyalty,
• confidentiality and full disclosure of all conflicts of interest. Other responsibilities
• of a sole agent for a seller or buyer are found in the Rules s. 57 and 58.

• clients, with conflicting interests, in the same transaction. This could occur when
• an associate represents both buyer and seller in the same transaction, or two
• associates of the same brokerage represent clients with conflicting interests, that
• is, one represents the seller and the other represents the buyer. The Rules s. 59
• speak extensively of the responsibilities of a dual agent.