In any listing agreement, there is a time when the agency relationship ends.
As is widely known, the listing agreement is based on the legitimate owner of the land interest (principal & # 39;) and the officially licensed real estate company (& # 39; agency & # 39; , The company regulates the interest on the land which is the subject of the contract to be ready and find buyers within a certain period of time that they can be willing to purchase, the principal assigns to the agent, and the licensee If you succeed in finding such a buyer, the title owner stipulates that you pay the fee and sign a contract.
As with all contracts, the listing agreement implies elements commonly known by law as an implicit pledge of honest and fair transactions. This agreement is based on the general premise of the law that the parties to the contract (in this case the rights holder and the licensed real estate company) deal fairly with each other and do not suffer each other by breaking each other's words It explicitly and implicitly destroys their relative and reciprocal contractual obligations. Violation of this implied agreement causes liability in both contract law and tort, depending on circumstances.
Due to the specific nature of the listing agreement, the court has long decided that during the agency relationship the court has implied a second element arising from the agent's many obligations and responsibilities to the principal in the contract. Confidential obligation owning obligation to keep confidential information provided by himself to a dual agent acting for both parties under the provision of Limited Dual Agency Agreement Just as in the case of implied contract of honest and fair transaction , Breach of this obligation of confidentiality causes liability in both contract law and circumstances, in tort.
Regulators with the authority to preserve the public's interest in real estate-related issues, following the recent decision of the British Columbia State Real Estate Council (http://www.recbc.ca/), now have problems Whether confidentiality obligations exceed the expiration or other termination of the listing contract,
In a recent case, the real estate council reprimanded two licensees and real estate companies to keep confidentiality that the real estate council was due to real estate sellers. In this case, the target property was listed for sale for over two years. During the period of the listing agreement, the price of real estate declined twice. Despite this, real estate was not sold extremely, listings have expired.
Following the expiration of the listing, the seller concluded three separate fee contracts. With the real estate company and all three cases, the seller refuses the representation of the agent and that company is a buyer's agent & # 39; with these commission contracts. The parties filed a lawsuit against the seller. It was related to the subject property.
Lawyers working for plaintiffs approached real estate companies and demanded that they submit affidavits including information on the listing of real estate. If the company voluntarily fails to file an affidavit, the lawyer may summon the company and the licensee as a witness as proof in front of the judge, Court Regulations I force the company to give such evidence. The real estate company promptly adhered to it by providing the required Affidavits, thinking that there are no other options for this matter.
As a direct and approximate result, the seller submitted a complaint to the real estate council and claimed that the information contained in the appellate court was kept secret. The company said it was carrying out confidentiality obligations for the seller. As it turned out, affidavits were never used in court proceedings.
Meanwhile, the real estate agent took the position that the obligation to keep confidentiality arising from the agency relation was terminated by the expiration of the listing contract. Furthermore, even if there is an obligation to keep confidentiality, he insisted that it never eliminates or restricts evidence that real estate brokerage is subject to subpoena warrants Court Regulations . And finally, the real estate company pointed out that there is no real estate agent - customer privilege etc. At this time, the seller could not foretell the company to present evidence in litigation.
The Real Estate Council insisted that there was a confidentiality obligation that will not accept the defense line and will continue after the expiration of the listing contract. Proving by court rule that both brokerage procedures and two licensees were in violation of their obligations.
Lawyer - Client privilege is a legal notion that protects communications between clients and attorneys and keeps that communication secret. Lawyers - customer privileges are limited. For example, Privileges protect secret communications, but do not protect under-info. For example, before When disclosing confidential information to a third party who is not an attorney and handing the same information to a lawyer, attorney - client privilege protects communication with lawyers but does not protect information provided to third parties.
For this reason, analogy is possible in the case of real estate agent privileges while the listing contract exists, confidential information is disclosed to a third party such as the real estate committee, and a plurality of list service contracts, It is not before such information is disclosed to the real estate broker . In this case, privilege theoretically protects confidential information as well as confidential information.
Whether or not the obligation to keep confidentiality has passed the end of the listing contract remains a matter of default, and in the case of lawyers - customer privileges, sufficient legislation to support the position that such privileges play Facts with the authority of authority are extended indefinitely so that the possibility that an analogy is infringed as long as the obligation is deferred indefinitely while respecting the period of obligation of confidentiality held by the agent to the seller is there.
In summary, this seems to be the position the British Columbia State Real Estate Council took on this issue.
Clearly, regardless of the obligation of confidentiality derived from the listing contract, the termination of the contract is a problem for the real estate industry in terms of practical applications. For example, when the listing of the intermediary A expires, the intermediary B re-registers with the intermediary B, when the confidentiality obligation of the intermediary A is continuing, in the absence of explicit consent of the seller Broker B In the event that there was a re-publication, it was impossible to act as a proxy for the purchaser for the purchase of broker A's seller. Therefore, the rules of professional cooperation of real estate companies and their agents who all face. In fact, this process can destabilize the whole foundation of multiple Listings service systems.
In the absence of specific guidelines, the securities company gets the necessary information until the problem is obvious, according to the best measures for real estate companies and licensees when required by lawyers to provide confidential information If you do not obtain such consent, the lawyer agrees that you must take the necessary legal action to force the disclosure of such information.
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