ARCHIVED BLOG POSTS
2008
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Designated Dual Agency By Brian Madigan LL.B.Sometimes, this is shortened to "designated agency". Let's use an example to appreciate the distinctions.Bill is a broker and runs a large brokerage in a small town. Sally and Bob both work as sales representatives. Sally lists John's house, and Bob'...
11/30/2008
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Limited Dual Agency By Brian Madigan LL.B. Limited dual agency is simply a justification for double-ending a deal. It is nothing more than a euphemistic explanation. There's really nothing to it.However, let's run through the restrictions or limitations. The realtor, acting for both the seller ...
11/30/2008
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Dual Agency: Concerns and Issues By Brian Madigan LL.B.The entire matter of dual agency in real estate practice remains problematic. How can an agent have two masters? It just doesn't work!In some ways, the real estate industry has brought the controversy upon itself. Why? It won't give up age...
11/29/2008
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Irrevocable Clause ~ Improper Use By Brian Madigan LL.B.The irrevocable clause in an agreement of purchase and sale is simply the time limit imposed upon the other party to respond.The major criticisms of realtors concerning the use of the irrevocable clause is that:1) they are too short, and2)...
11/24/2008
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Lawyers' Pet Peeve about Realtors By Brian Madigan LL.B.If there is one thing lawyers don't like about real estate agents, it's their sense of urgency.Everything is URGENT, all of the time.When it comes to a normal, simple agreement of purchase and sale, the irrevocable time will never change.T...
11/24/2008
Counter Offer ~ Difficulties with Standard Form By Brian Madigan LL.B.When considering the number of standard forms in use in Ontario as prepared by the Ontario Real Estate association (OREA), it is easy to conclude that this particular form was rather hastily put together.Inherently, there are...
11/24/2008
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By Brian Madigan LL.B. Just as there are bad realtors, there are also bad lawyers who do kill deals Here, I'm really talking about the naïve, inexperienced lawyer armed with a voluminous list of protective clauses for their own client who fails to understand and appreciate the client's bargain...
11/23/2008
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Lawyers Who Kill Real Estate Deals! By Brian Madigan LL.B.Just as there are bad realtors, there are also bad lawyers who do kill dealsHere, I'm really talking about the naïve, inexperienced lawyer armed with a voluminous list of protective clauses for their own client who fails to understand an...
11/23/2008
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Lawyers' Pet Peeve about Realtors By Brian Madigan LL.B.If there is one thing lawyers don't like about real estate agents, it's their sense of urgency.Everything is URGENT, all of the time.When it comes to a normal, simple agreement of purchase and sale, the irrevocable time will never change.T...
11/23/2008
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Ontario: Worldwide Automotive Giant By Brian Madigan LL.B.Well, it could be! This is the time for opportunity. Ontario's annual income is about $100 billion dollars. The automotive bailout is $25 billion or about 3 month's income. That is the entire North American bailout, not just Ontario.Fall...
11/23/2008