Agency Relationships
Agency Relationships explains how our profession as Realtors works in our industry and the type of relationships that can develop.
Sellers Brokerage Contract
This is a written contract between the seller and the listing brokerage that sets the duties and obligations of the relationship. It includes how the listing brokerage will market the property and how much they will be paid for their services.
The Listing Agreement will either be a Multiple Listing Service Agreement or an Exclusive Listing Agreement. Most people enter a Multiple Listing Service Agreement, since all member Realtors of the local real estate board receive information about the listing and are entitled to share the commission if they bring a purchaser to buy the property. This is the most effective way to sell a home.
Note that the Listing Agreement will generally include a clause requiring the seller to provide the listing brokerage with an exclusive and irrevocable right to act as the seller’s agent for a set period of time called the “Listing Period”. If that period of time exceeds 6 months, the listing brokerage must obtain the seller’s initials for the agreement to be effective during that period. The seller is required to pay the brokerage a commission (either a percentage of the sale price or a fixed fee, but not both) for any valid offer to purchase the property from any source whatsoever obtained during the Listing Period. The seller is also liable to pay the listing brokerage full commissions after the expiration of the Listing Period and within a certain negotiated time. This period is called a “Holdover Period” and typically ranges from 60 to 120 days. If an Agreement of Purchase and Sale is entered into during this Holdover Period between the seller and a purchaser introduced to the property from any source whatsoever during the listing period or shown the property during the Listing Period, then the seller is liable to pay full commissions to the listing brokerage.
Fintrac
Fintrac – In June of 2007 the Government of Canada past a law which requires us to obtain and document proof of who our clients are (information from your driver's license is generally what our clients provide to us). This needs to be completed by us as well. This law was created to minimize or eliminate terrorism and money laundering.
Please let me know if you have any questions. Should you have any questions in regards the documents, please do not hesitate to contact me, and if you have no questions, please complete the last page of the Agency Relationships document, along with initials and signatures on the Seller's Brokerage Contract as well as the FINTRAC document and return documents to us