C-73 - Real Estate Brokerage Act

Section 13 Disposition versions

1986-11-01

13. An offence is committed by

(a)  any person who contravenes this Act or the regulations;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or real estate agent;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or real estate agent who does not hold a permit;

(e)  any broker or registered builder who, for the purposes of a real estate transaction,

i.  employs a real estate agent in the employ of another broker or registered builder or a real estate agent who does not hold a permit, or who authorizes him to act on his behalf; or

ii.  pays or offers or promises to pay him a remuneration;

(f)  any real estate agent

i.  who takes part in a real estate transaction on behalf of a broker or registered builder other than his employer or the employer on behalf of whom he is authorized to act by contract; or

ii.  who agrees to receive a remuneration from such broker or registered builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a real estate agent in its employ or authorized by contract to act on its behalf, or a broker holding a permit;

(h)  any broker, registered builder or real estate agent who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or real estate agent who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party;

(l)  any person who, when performing an act covered by section 4,

i.  does not disclose a material fact;

ii.  makes a false or misleading representation.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

To determine whether a representation is false or misleading, the general impression it gives and, in a fit case, the literal meaning of the terms used shall be taken into consideration.

R. S. 1964, c. 267, s. 12; 1983, c. 26, s. 14; 1984, c. 47, s. 58; 1985, c. 34, s. 228.

1985-10-31

13. An offence is committed by

(a)  any person who contravenes this Act or the regulations;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or real estate agent;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or real estate agent who does not hold a permit;

(e)  any broker or registered builder who, for the purposes of a real estate transaction,

i.  employs a real estate agent in the employ of another broker or registered builder or a real estate agent who does not hold a permit, or who authorizes him to act on his behalf; or

ii.  pays or offers or promises to pay him a remuneration;

(f)  any real estate agent

i.  who takes part in a real estate transaction on behalf of a broker or registered builder other than his employer or the employer on behalf of whom he is authorized to act by contract; or

ii.  who agrees to receive a remuneration from such broker or registered builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a real estate agent in its employ or authorized by contract to act on its behalf, or a broker holding a permit;

(h)  any broker, registered builder or real estate agent who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or real estate agent who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party;

In force: 1986-11-01

(l)  any person who, when performing an act covered by section 4,

i.  does not disclose a material fact;

ii.  makes a false or misleading representation.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

In force: 1986-11-01

To determine whether a representation is false or misleading, the general impression it gives and, in a fit case, the literal meaning of the terms used shall be taken into consideration.

R. S. 1964, c. 267, s. 12; 1983, c. 26, s. 14; 1984, c. 47, s. 58; 1985, c. 34, s. 228.

1984-12-21

13. An offence is committed by

(a)  any person who contravenes this Act or the regulations;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or real estate agent;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or real estate agent who does not hold a permit;

(e)  any broker or registered builder who employs, for the purposes of a real estate transaction, a real estate agent in the employ of another broker or builder or a real estate agent who does not hold a permit, or who pays or offers or promises to pay him a remuneration;

(f)  any real estate agent who takes part in a real estate transaction on behalf of a broker or builder other than his employer, or who agrees to receive a remuneration from such broker or builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a real estate agent in its employ or a broker holding a permit;

(h)  any broker, registered builder or real estate agent who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or real estate agent who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

R. S. 1964, c. 267, s. 12; 1983, c. 26, s. 14; 1984, c. 47, s. 58.

1983-06-22

13. An offence is committed by

(a)  any person who acts as a broker or real estate agent contrary to this act;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or real estate agent;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or real estate agent who does not hold a permit;

(e)  any broker or registered builder who employs, for the purposes of a real estate transaction, a real estate agent in the employ of another broker or builder or a real estate agent who does not hold a permit, or who pays or offers or promises to pay him a remuneration;

(f)  any real estate agent who takes part in a real estate transaction on behalf of a broker or builder other than his employer, or who agrees to receive a remuneration from such broker or builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a real estate agent in its employ or a broker holding a permit;

(h)  any broker, registered builder or real estate agent who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or real estate agent who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

R. S. 1964, c. 267, s. 12; 1983, c. 26, s. 14.

1977-12-31

13. An offence is committed by

(a)  any person who acts as a broker or salesman contrary to this act;

(b)  any person who makes a false statement in an application for a permit or certificate or who does not comply with sections 10, 11 and 12;

(c)  any broker or registered builder who, directly or indirectly, pays or promises to pay a remuneration to any person who does not hold a permit to act as or assume the title of a broker or salesman;

(d)  any broker who obtains the payment or the promise of a remuneration for acting as such from a broker or salesman who does not hold a permit;

(e)  any broker or registered builder who employs, for the purposes of a real estate transaction, a salesman in the employ of another broker or builder or a salesman who does not hold a permit, or who pays or offers or promises to pay him a remuneration;

(f)  any salesman who takes part in a real estate transaction on behalf of a broker or builder other than his employer, or who agrees to receive a remuneration from such broker or builder;

(g)  any corporation or firm holding a broker’s permit or registration certificate that acts as a broker through a person other than its designated representative, a salesman in its employ or a broker holding a permit;

(h)  any broker, registered builder or salesman who, otherwise than by a writing over his signature delivered to the person concerned, makes a promise or representation that he or another person

i.  will resell or guarantee the resale of an immoveable offered for sale by him;

ii.  will buy or sell an immoveable belonging to the purchaser, or

iii.  will obtain a loan secured by hypothec, a renewal or extension of a hypothec, a lease or a renewal or extension of a lease;

(i)  any broker, registered builder or salesman who, having obtained the written acceptance of an offer respecting a real estate transaction, fails to send forthwith to each party a true copy of such writing;

(j)  any person entrusted with a real estate transaction who does not reveal in writing to the person whom he represents that, on his own account,

i.  he buys or offers to buy the immoveable or acquires, directly or indirectly, an interest therein,

ii.  he intends to resell it, or

iii.  he is about to arrange, is arranging or has arranged the resale or alienation thereof;

(k)  any person who obtains or agrees to obtain for a real estate transaction a remuneration based on the difference between the amount indicated by his client and that agreed to by the other party.

Paragraph h shall not invalidate a promise or representation made in violation thereof.

R. S. 1964, c. 267, s. 12.