A list contract has a date when the agency relationship is terminated
The list contract, as is widely known, is the owner of an interest in land (hereinafter referred to as "the payer") and a duly licensed (hereinafter referred to as the "agent") in which the undertaking requires and undertakes to find a buyer within a specified period of time who is willing, willing and able to purchase the contract by the authority acting in relation to the payer and to which the addressee undertakes and undertakes
As in any contract, the subscription agreement represents an element known to the legally known legal sense of "good faith and fair treatment". assuming that the author in this case, the owner and the licensed real estate agent, will treat each other fairly and do not cause harm to one another or otherwise violate their explicit and indirect contractual obligations. Breach of this implied association results in damages liability, depending on both contractual law and the circumstances.
Due to the specificity of the subscription agreement, the courts have for a long time decided that the second element of the contractual relationship with the contractor arising from the many responsibilities and responsibilities of the contractor towards the payer is the obligation of confidentiality which obliges the agent solely to the Seller or Buyer, duplicate An agent acting for both parties under the provisions of the Limited Aggregate Agree- ment Agreement, who confidentially treats certain information provided by the Client. Like the implied alliance of good faith and fair behavior, the breach of the confidentiality obligation results in damages liability, depending on both contractual law and the circumstances.
Real (19459005) http://www.recbc.ca/ ), a regulatory body with a mandate to protect the public interest, is raised as to whether the obligation of confidentiality exceeds the expiry or other termination of the subscription agreement .
Recently, the Real Estate Council has issued two licensees and a property right due to a continuing breach of confidentiality imposed by the Real Estate Council found that a real estate was sold. In this case, real estate property was sold for more than two years. During the term of the subscription agreement, the price of the property was reduced twice. Nevertheless, the property did not sell and the subscription expired.
After the list expired, the seller made three separate "tariff agreements" with the real estate company. In all three cases, the seller reduced the agent's representation and the company was named "buyer agent" in these award agreements. The parties filed a lawsuit against the seller related to the property.
The plaintiff's lawyer turned to the Real Estate Agency and asked to provide confidential information containing information on listing properties. This lawyer made it very clear that if the company voluntarily did not issue the letter of credit or call the company and the licensees as a witness to provide evidence before the judge or obtain a court order, to provide such proof. The real estate company, considering that he had no choice in the matter, immediately respected the permission.
As a direct and direct result, the Seller filed a complaint with the Real Estate Council that the Statement of Assurance was "confidential" and the business violated the obligation of confidentiality against the seller. As it turned out, the Affidavites were never used in court proceedings.
However, real estate brokerage took the view that the secrecy obligation arising from agency relations would cease to exist upon expiry of the subscription agreement. In addition, the undertaking argued that even if there is a duty of confidentiality, such an obligation would not preclude or otherwise limit the evidence that by virtue of an overriding mandate by the agent of real estate agent or by virtue of Law No 1945/900, Court of Justice . Finally, the real estate estate has pointed out that there is no privilege of real estate agent clients, and in the circumstances the seller could not prevent the company from providing evidence in the lawsuit.
The Real Estate Council did not adopt the line of defense and maintained that there is a continuing obligation of confidentiality extending after the termination of the subscription agreement. The Council decided that both the mediation and the two licensees of the Affidavits had violated this task.
Privilege of attorneys' clients is a legal concept that protects the communication between the client and the lawyer and handles those communications confidential. Attorneys' client privileges are limited, for example, that privileges protect confidential communication, but not the underlying information. For example, if a client previously publicly disclosed confidential information to a third party who is not a lawyer and shares the same information with the lawyer, the privilege of attorneys' clients will continue to protect the communication with the lawyer will not defend the information provided to third parties.
For this reason, it may be analogous to the privilege of a real estate agent client when the subscription agreement exists when the confidential information is disclosed by a third party such as a Real Estate Advisory Body under the terms of the Multiple Advertisements Service Agreement but even before such information for real estate mediation . In this case, the privilege protects the confidential communication and the underlying information in theory.
And whether or not the confidentiality obligation extends beyond the termination of the subscription agreement, the subject of an open dispute in the case of attorneys' lawyers has extensive legal entitlement to support the situation that such a privilege extends for an indefinite period, so it is indisputable can be deduced and respects the duration of the Seller's obligation of secrecy to the Seller, insofar as such obligation is indefinite.
This is a synopsis that the British Columbia Property Council seems to have such a position.
It is clear that the obligation of confidentiality is a list contract, the termination of the contract is a problem for the Real Estate profession in terms of practical applications. For example, if the stock exchange listing at Broker A expires and the seller re-lists Brokerage B, if there is still a confidentiality obligation on A-brokerage without explicitly agreeing to a real estate agent by the seller. The brokerage agent does not he could act as an agent for the sale of the Seller's property when this B brokering re-listed it. Thus, all companies and their representatives are subject to all rules of professional cooperation between real estate. In fact, this process can potentially destabilize the full basis of the multi-advertisement service system.
In the absence of specific guidelines, as long as this whole case is clarified, it is perhaps the most appropriate action for real estate companies and licensees to act as a lawyer to provide confidential information, answering that the intermediary receives the required contribution from the customer and if that consent does not arise, then the lawyer must take the necessary legal steps for such information.
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