7. Do I get a copy of an agreement I signed? Answer: Yes. You must have a copy. The agency relationship of a broker cooperating with the buyer is not determinative for the cause of the supply. However, the date of publication of the agency`s status by the cooperating broker may infringe his right to a commission. For example, if a buyer decides at the last minute that he wants to be represented by a buyer`s agent, although the original broker discloses his sub-agent status early in the relationship, the series of events that lead to the sale have probably not been broken by any action or inaction on the part of the original broker. The original broker would be the cause of the sale. On the other hand, if the sub-agent does not disclose his status until the buyer receives information about the market value of the property and the buyer feels obliged to receive information from another broker, the failure of the sub-agent to explain the status of the agency from the outset may be the event that the buyer finds another broker. The second broker would be the cause of the sale. Some brokers believe that the agreement between brokers for residential rents (TAR 2002) is advantageous because it sets a deadline for payment and covers compensation for renewals and sales of rents. However, an agreement between brokers is not necessary to enforce the compensation offer set out in the MLS. • « …. the insolvency of a registrant – or theft, fraud, embezzlement or unlawful transformation – directly or indirectly by a registrant – or former employee, director, officer or manager of a registrant – be entrusted or received by funds or other real estate – in the professional quality of the registrant »The entire co-listing service was built on a trust between brokers.
A trust to treat each other with respect, equality and fairness. All rules and rules of MLS systems (which are specific to brokers and non-commercial) have been developed and revised to reflect this cooperative nature. Although I understand after 2010 that these fundamental principles have been increasingly ignored, the fact remains that rules are rules. There have been cases where buyers have tried to avoid paying commissions by saying that the BRA was not properly explained and that they thought the commission would only be paid for a property on which an offer was made, but was then refused.