Legal Issues: Clients’ privileged information

Usually solicitor-client privilege cannot be waived by the solicitor – only by the client. However, if the solicitor is sued by the client, the information between the solicitor and client is no longer privileged.

Legal Issues: Watch those contracts

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The court held that the tenant taking possession and paying rent did not lead to the parties entering a “binding contract”.

Legal issues: The settlement stands

If you have a lawyer who appears to have your full authority and you sign a document confirming settlement, do not expect any sympathy if you have second thoughts and try to wiggle out.

Causation and specific performance cases

The court held that the plaintiff realty company knew that D, as the registered title holder, was not the seller of the ranch but was simply “agents” for the owner and signed for the purpose of binding the owner to an MLS contract.

Spell it out in the contract

Set out clearly what you intend to do and for whom. You should also indicate that you are not retained to do any other services.

Legal Issues: Four recent cases

Realtors are professionals and should not be stopped from practicing their trade or from making a living from that trade.

Legal Issues: Specific performance

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This is a very important case with regard to actions involving real estate agents and brokers, and vendors and purchasers, that go to mediation and result in a resolution.

Opinion: Disclosure forms are ticking time bombs

Real estate boards and agents across the country continue to promote the use of property disclosure forms, despite the fact that the form has resulted in an avalanche of litigation resulting from its widespread use and misuse.

Legal issues: Land deals gone bad

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The court found that the plaintiff was a knowledgeable land developer and could have made investigations of the suitability of the land.

Beach loses appeal in TREB MLS access case

The Court of Appeal said TREB was within its rights to deny MLS access to Beach