C-73.2 - Real Estate Brokerage Act

Section 13 Disposition versions

2020-05-01

13. A real estate agency licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided the licence holder causes the licence holder’s obligations under the contract to be performed by natural persons acting for the licence holder and that those persons hold a real estate broker’s licence. The licence also authorizes its holder to hold himself, herself or itself out as a real estate agency.

No real estate agency licence holder who engages in a brokerage transaction through the intermediary of a natural person who is not a licence holder may claim or receive remuneration for the transaction.

2008, c. 9, s. 13; 2013, c. 18, s. 21; 2018, c. 23, s. 408.

2018-07-13

13. A real estate agency licence authorizes its holder to be a party, as an intermediary, to a real estate brokerage contract, provided the licence holder causes the licence holder’s obligations under the contract to be performed by natural persons acting for the licence holder and that those persons hold a real estate broker’s licence. The licence also authorizes its holder to hold himself, herself or itself out as a real estate agency.

No real estate agency licence holder who engages in a brokerage transaction through the intermediary of a natural person who is not a licence holder may claim or receive remuneration for the transaction.

2008, c. 9, s. 13; 2013, c. 18, s. 21; 2018, c. 23, s. 408.

Until 30 April 2020,

section 13, enacted by section 408, is to be read as if

i. the following sentence were added at the end of the first paragraph: “Lastly, it authorizes its holder to engage in brokerage transactions relating to loans secured by immovable hypothec through the intermediary of a broker’s licence holder.”;

ii. the following paragraph were inserted after the first paragraph:

“A mortgage agency’s licence authorizes its holder to engage solely in brokerage transactions relating to loans secured by immovable hypothec through the intermediary of a mortgage broker’s licence holder. The licence also authorizes its holder to hold himself or herself out as a mortgage agency.”.

S.Q. 2018, c. 23, s. 486.

2013-06-14

13. Subject to sections 2 and 3 and special authorizations from the Organization, no person or partnership except the holder of an agency licence issued by the Organization may act as or purport to be a real estate or mortgage agency.

A real estate agency is a person or partnership that engages in brokerage transactions described in section 1 through the intermediary of one or more brokers licensed by the Organization.

A mortgage agency is a person or partnership that, through the intermediary of one or more mortgage brokers, engages exclusively in brokerage transactions relating to loans secured by immovable hypothec.

Anyone who, without holding an agency licence, engages in a brokerage transaction through the intermediary of a natural person is not entitled to claim or receive remuneration for that transaction. Likewise, an agency that engages in a brokerage transaction through the intermediary of a natural person who is not a licence holder is also precluded from claiming or receiving remuneration for that transaction.

2008, c. 9, s. 13; 2013, c. 18, s. 21.

2010-05-01

13. Subject to sections 2 and 3 and special authorizations from the Organization, no person or partnership except the holder of an agency licence issued by the Organization may act as or purport to be a real estate or mortgage broker agency.

A real estate agency is a person or partnership that engages in brokerage transactions described in section 1 through the intermediary of one or more brokers licensed by the Organization.

A mortgage broker agency is a person or partnership that, through the intermediary of one or more mortgage brokers, engages exclusively in brokerage transactions relating to loans secured by immovable hypothec.

2008, c. 9, s. 13.