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#199718 - 02/04/08 11:10 AM Madatory Disclosure
Devil's Advocate Offline
Member

Registered: 01/03/05
Posts: 254
Loc: Ontario, Canada
Pursuant to s.10(2) Information before Agreements

"The brokerage shall, at the earliest practicable opportunity and before an offer is made, use the brokerage’s best efforts to obtain from the buyer or seller a written acknowledgement that the buyer or seller received all the information referred to in subsection (1) O.Reg 580/05, s.10(2)" (The aforementioned establishes minimum disclosure requirements.")

Q: How do you personally define “earliest practicable opportunity”

Q: How do you personally define “best efforts”

Q: Do you personally exceed the required “minimum disclosure”

Views and comments appreciated

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#199751 - 02/04/08 01:03 PM Re: Madatory Disclosure [Re: Devil's Advocate]
pikes peak Offline
Major Contributor

Registered: 12/15/04
Posts: 2228
Loc: CO
Not knowing Canadian requirements, here is my "best effort".
Q: How do you personally define “earliest practicable opportunity”

At any time prior to making an offer.

Q: How do you personally define “best efforts”.

In the absence of buyers or sellers signature and their refusal to sign, document your efforts trying to obtain their signatures.

Q: Do you personally exceed the required “minimum disclosure”

I hope so ;\)

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#200473 - 02/06/08 07:27 PM Re: Madatory Disclosure [Re: pikes peak]
DavidPylyp Offline
Member

Registered: 11/09/05
Posts: 111
Loc: Toronto, Etobicoke, Mississaug...
begin a conversation about Buyers agency prior to commencing the showings. Give agency brochure. Present buyers Agency agreement PRIOR to first tour for that days outing. If they decline file it for your records.

If they decline to sign a BA Agreement and decline to sign the Confirmation of Representation, I still attach them to the document bundle. Just mark this clients portion refused. The other three parties to the transaction acknowledge the COR then it is moot.

If presented in court, you OTHER purchasers will attest to you method of professional and consistant techniques, thereby it would be more likely than not that the Buyer in dispute
_________________________
David Pylyp
Toronto West, Etobicoke & Mississauga
Elegant Homes in West Toronto
Humber Bay Shore Condos
[email] david@davidpylyp.com [/email]

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