by clicking the arrows at the side of the page, or by using the toolbar.
by clicking anywhere on the page.
by dragging the page around when zoomed in.
by clicking anywhere on the page when zoomed in.
web sites or send emails by clicking on hyperlinks.
Email this page to a friend
Search this issue
Index - jump to page or section
Archive - view past issues
REIQ Journal : September 2008
LEGAL ISSUES 29 the true value of the property and, rather, would act upon the marketeer’s untrue representations regarding value. The evidence of the sales agent was accepted and the seller’s case failed. ...even being in the same room as a marketeer can put an agent at risk. The judge held that the sales agent was unaware of the dealings between the marketeer and the second buyer and was therefore in no position to pass on the higher offer made by the second buyer to the seller. This case, in which the sales agent was successfully represented by Carter Newell Lawyers, is of interest to agents insofar as the marketeer gave candid evidence at trial with respect to its unlawful practices. The sales agent was wrongfully implicated in the marketeer’s conduct. It was only the fact that the sales agent gave truthful and convincing evidence, and the marketeer was so forthcoming about his business practices, that the case was resolved in the sales agent’s favour. Brett Heath, Special Counsel Carter Newell Lawyers This case serves as a timely reminder to sales agents that, when showing properties for inspection – particularly a private inspection – it is good practice to determine who everyone participating in the inspection is and the reason why they are there. If a sales agent becomes aware of a higher offer having been made for the purchase of the property by another potential buyer, then the agent must communicate that offer to the seller. Agents must be careful not to be caught in the web of unscrupulous marketeers hoping to make quick profits. As the Williams case demonstrates, even being in the same room as a marketeer can put an agent at risk. REIQ Journal September 2008