Lexis Nexis The Annotated Real Estate and Business Brokers Act, 2002 and Regulations, 2019/2020 Edition
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Product description
Introducing the complete annotated guide to the Real Estate and Business Brokers Act, 2002 and Regulations, featuring up-to-date expert commentary and insight into REBBA and the case law that has since interpreted each of its provisions.
Comprehensive content
This publication encompasses REBBA as well as its three main regulations – General (O. Reg. 567/05), the Code of Ethics (O. Reg. 580/05) and Educational Requirements, Insurance, Records and Other Matters (O. Reg. 579/05).
Features
- One-of-a-kind publication is the only annotation and commentary in Canada on the Real Estate Business Brokers Act, 2002, S.O. 2002, c. 30, Sched. C (“REBBA”), including regulations
- Recent amendments to REBBA implemented by Strengthening Protection for Ontario Consumers Act (SPOCA)
- A succinct summary of implemented changes to REBBA since 2006, anticipated changes to REBBA, and the Ontario Real Estate Association’s (OREA) recommendations from October 2018
- Section-by-section commentary plus case law to assist in understanding each section in greater depth, and how the courts and tribunal have interpreted the sections of REBBA
- Full text of Ontario’s Provincial Offence Act for each of reference
Useful resource
The 2019/2020 edition of The Annotated Real Estate and Business Brokers Act, 2002 and Regulations will be useful for:
- Real estate solicitors and litigators, real estate clerks & paralegals; Real estate salespersons and brokers; Underwriters and insurers specializing in professional negligence products – To use as a useful summary of how the law of real estate transactions, involving third party intermediaries, has developed and is being interpreted by the courts and disciplinary tribunals
- Law Libraries – For their patrons to read
Table of contents
PART I – INTERPRETATION
1. Interpretation
PART II – OFFICERS
2. Director
3. Registrar
PART III – PROHIBITIONS RE: PRACTICE
4. Prohibition against trade in real estate unless registered
5. Exemptions
6. Notification of registration required
7. Prohibition against multiple offices unless registered
9. Registration a requirement to bring action
PART IV – REGISTRATION
9.1 Registration prohibited
10. Registration
11. Registration of Corporation
12. Broker of Record
13. Refusal to register, etc.
14. Notice re: refusal, suspension, etc.
15. Immediate suspension
16. Requirements for hearing request
16.1. Suspension without a hearing
17. Further application
18. Notice of issue or transfer of shares
PART V – COMPLAINTS, INSPECTION AND DISCIPLINE
19. Complaints
20. Inspection
21. Discipline Proceedings
22. Appointment of investigators
23. Search warrant
23.1. Seizure of things not specified
24. Searches in exigent circumstances
25. Freeze order
25.1 Freeze order, non-registrants
PART VI – CONDUCT AND OFFENCES
26. Duty of brokerage
27. Trust Account
28. Notice of changes to registrar
29. Carrying on business as sole proprietor
30. Restrictions re: employees
31. Restrictions re: brokers and salespersons
32. Acquisition or divestiture by registrant
33. Prohibition re: breaking contract
34. Falsifying information
35. Furnishing false information
35.1. Offers to purchase real estate
36. Commission and remuneration
37. False advertising
38. Order of registrar re: false advertising
39. Restraining orders
40. Offence
41. Orders for compensation, restitution
42. Default in payment of fines
43. Liens and charges
PART VII – GENERAL
44. Confidentiality
45. Service
46. Fees
47. Certificate as evidence
48. Names of and information concerning registrants
49. Transition 91
PART VIII – REGULATIONS
50. Minister’s regulations
51. Lieutenant Governor in Council regulations
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