The College is Closing

The OREA Real Estate College will cease to operate on December 31, 2020. Find out how the closing will affect admissions and the deadline to complete programs.

Beyond 2020, OREA will continue to provide services to members, real estate boards and associations across the province.

Deadline for Admissions

  • Admissions documents for The Salesperson Registration Education Program must be received by the OREA Real Estate College no later than April 30, 2019
  • The Admissions Test (if applicable) must be successfully completed on or before April 30, 2019
  • Admissions to The Broker Registration Education Program will not be accepted after April 30, 2019
  • No exceptions or extensions will be permitted

Log in as a…


Login

NEW!

We’ve partnered with REALTOR® Link to help improve your member experience and give your information the best security possible.

You will be returned to OREA once you have successfully logged in.

We can help

Legal Beat: Plaintiff in commercial case has great expectations

February 2015

Legal Beat: Plaintiff in commercial case has great expectations

January 29, 2015 Legal Beat

The plaintiff in this case was a sophisticated business person running a dental practice who also owns a dental company. He decided to develop commercial condominiums and retained the commercial brokerage under a listing agreement.

The relationship between the businessman and the brokerage soured. He then decided to work with a different brokerage.

He had also hired a marketing company, paid them extensive costs, and now sued his first brokerage for reimbursement of those costs, which totalled $85,984.52. The judge reviewed the listing, the legal advice given to the plaintiff by his lawyer, his wife’s evidence, and all of the surrounding facts. The judge dismissed the plaintiff’s claim and the brokerage won the case.

One key part of the listing stated that the brokerage would “prepare, at the expense of the agent and in consultation with the seller, marketing materials for the promotion of the site, subject to the seller’s prior written approval.”

As noted by the judge, listings are to be interpreted in accordance with sound commercial principles and practices. The reasonable expectations of the parties must be determined on an objective basis.

“Looked at objectively, and from a commercially reasonable perspective, it is difficult to accept the position of the plaintiff where the agreement was a non-exclusive listing agreement which could be terminated on 30 days’ notice.”

1598223 Ontario Inc v. The Behar Group 2014 ONSC 7170

Mervin Burgard Q.C.

MERV’S COMMENTS

It was also a factor that the claim only arose after the brokerage demanded payment of $7,926.95 for the “For Sale” sign, and that there was no prior discussion of these external marketing costs or warning to the brokerage that it might be liable for these costs.

This claim was more than the usual commercial practice of preparing feature sheets, brochures and mailings. Representatives of the brokerage in this case stated that brokerages do not normally become involved in advertising through various media outlets such as radio, TV or direct marketing. The brokerage wisely abandoned its claim for the expense of the sign.

Mervin Burgard, Q.C.

Download a Text-only PDF of the February Realtor® Edge Newsletter

Don't miss an issue subscribe to the Realtor® Edge Newsletter

Subscribe
Ray Ferris

I wouldn’t have become president of OREA if it wasn’t for the top-notch training developed by OREA’s Centre for Leadership Development.

More February Realtor® Edge Articles

articleimage

Welcome to the digital EDGE

OREA is pleased to launch an all-electronic version of The REALTOR® EDGE newsletter, full of useful news and information to help you in your real estate business.

Read More
articleimage

Safety first should be motto for REALTORS®

Safety is highly important for those working in real estate. Three REALTORS® share their experiences and talk about the importance of taking precautions when showing properties or hosting an open house.

Read More
articleimage

Broader export demand predicted: RBC

Canada’s economy is expected to see higher export growth in 2015, despite the recent decline of oil prices, says a new report.

Read More
To MP Survey
OREA Contract