Recent rule changes in Alberta have increased the threshold of agent responsibility. With the RECA'S code of conduct serving as a guideline for industry members the plan is to incorporate this code into the rules which are legislated and thereby making the code a rallying point for litigation. With the code having its own definitions on such items as "Material Latent Defect", terms that sometimes have different legal definitions become included in the rules creating an onus on agents that may find themselves in double or triple jeopardy. There is also an increased obligation on agents to ivestigate and discover defects (now if you ask me this is opening a whole can of "whoop ass") where the obligation is to currently "disclose" facts the obligation will be to "discover". This inidicates a willingness by the council to undertake what negligence is an aspect currently determined in the civil courts.

I am as of now not certain how or how much these changes will impact us as an industry. Stayed tuned and if you see or hear of any interesting changes coming do us a favor and let us all know.

Our office policy now requires the following in each offer:

The parties acknowledge that information provided by any real estate salesperson or real estate brokerage shall not be construed as expert legal advice, tax advice, advice on zoning changes, engineering advice or environmental advice and the parties acknowledge that the salesperson and the brokerage has advised that the parties seek independent professional advice on any of the above matters and concerns.

enough said

We need to be more careful

A few years ago they tried that here, (i.e. inspecting the attic and seeing a water stain on the roof trusses; the roof must be leaking!) luckily, the association and it's attorneys convinced the good meaning public protecting politicians, that any such observation by unlicensed specialists just will open the door to lawsuits.
Maybe that's why there are more and more disclaimers in our industry.