Chapter 3 Saskatchewan's Real Estate Act

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Questions and Answers

According to The Real Estate Act of Saskatchewan, what is the key distinction between a 'person' and an 'individual'?

  • An 'individual' encompasses both natural persons and legal entities, whereas a 'person' is strictly natural persons.
  • A 'person' can only refer to natural persons, while an 'individual' includes corporations.
  • There is no distinction; the terms are used interchangeably throughout the Act.
  • A 'person' refers to both natural persons and legal entities, while an 'individual' refers only to natural persons. (correct)

Under The Real Estate Act of Saskatchewan, if a registrant fails to comply with Section 58 in bad faith concerning offers to purchase, what is the direct consequence?

  • The acceptance of the offer becomes immediately invalid.
  • The registrant faces immediate suspension of their registration.
  • The brokerage is deprived of the right to any commission from the trade. (correct)
  • Both the registrant and the brokerage face criminal charges.

What is the effect of a registrant's participation in a fraudulent cash back scheme?

  • The action is permissible if the lender is informed before the transaction.
  • The registrant is immune from legal consequences if the client benefits.
  • The registrant could be found to have committed professional misconduct and may face criminal charges. (correct)
  • The registrant will always face criminal charges.

What conditions must be met for a registrant to trade real estate through a brokerage that is different from the one named on their Certificate of Registration, regarding a property they personally own or intend to purchase?

<p>The registrant must be an owner, have an interest, or be submitting an offer; ensure the trade is through a brokerage; not accept commission; and the brokerage not represent the other party. (A)</p>
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What is the significance of REIX's status as a self-insured program with regards to program management and objectives?

<p>Its sole objective is to provide insurance protection at a reasonable price for its members, and excess funds belong to subscribers. (A)</p>
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A real estate salesperson who is also a licensed auctioneer wants to auction a property. What condition applies to acting as both to be in compliance with The Real Estate Act?

<p>The salesperson cannot exempt themselves from the application of the Act through the auctioneer's license. (B)</p>
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When must a brokerage provide a copy of the 'Notice to Remove Condition(s) on Residential Contract of Purchase and Sale' form to all parties involved in the transaction, and what is the implication of this action?

<p>As soon as reasonably possible after execution of the document, ensuring all parties are informed of the condition removal. (C)</p>
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What does it mean for a brokerage to enter into an agreement with a client that its commission will be collected as a percentage of the sale price?

<p>The brokerage can only collect that remuneration after the property is sold and the transaction has completed. (B)</p>
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How does the Real Estate Act of Saskatchewan define 'fraud' or 'fraudulent,' and what implications does this have for registrants?

<p>In addition to ordinary meanings, it specifies acts or omissions as fraudulent, influencing the scope of acceptable conduct for registrants. (C)</p>
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According to the regulations, what information must a registrant include in writing to all parties before accepting compensation from more than one party in a transaction?

<p>A full disclosure of the intent to accept compensation from all parties involved in the trade. (C)</p>
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In which situation would REIX most likely deny a claim?

<p>A property manager failed to purchase insurance on a building under management, leading to an uninsured loss. (D)</p>
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A registrant is found to have made a statement, whether orally or otherwise, that contains either an untrue statement of material fact or omits to state a material fact. Which bylaw has the registrant violated?

<p>Bylaw 701 (C)</p>
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What action should you take if you receive a Statement of Claim?

<p>Contact REIX immediately. (C)</p>
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What factors does the Commission consider when determining the adequacy of supervision of registrants and other personnel by a broker or branch manager?

<p>Whether the broker or branch manager was physically available, had established written policies, held regular staff meetings, ensured compliance, and took corrective action. (D)</p>
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How does REIX handle a situation where a registrant does not agree that the matter should be settled?

<p>REIX can freeze the claim, set aside an amount they think would resolve the claim, and cease defense. (C)</p>
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What is the appropriate course of action if a registrant is unsure whether an activity is exempt under The Real Estate Act or the Regulations?

<p>Consult with their brokerage and the Commission's compliance department. (A)</p>
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Under Bylaw 713, what must a registrant do if they trade in real estate as a part-time registrant?

<p>Disclose this fact in writing to a buyer or seller prior to establishing an agency agreement and indicate 'part-time' on business cards and letterhead. (C)</p>
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Bylaw 728 concerns signs that designate a property as being on the market. According to Bylaw 728, under what conditions can a property sign be placed on the property?

<p>With written consent of the owner. (C)</p>
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For what is a broker primarily responsible when supervising a branch manager registered with the brokerage?

<p>For supervising each branch manager registered with the brokerage. (A)</p>
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Under what condition can a registrant provide their opinion on a property's value if they already have or are thinking about obtaining an interest in that property?

<p>Only if they have disclosed the registrant's interest or potential plans to their client. (D)</p>
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Which statement best aligns with the registrant's responsibilities regarding advertising, according to Bylaw 726?

<p>Registrants must communicate accurate, factual, and verifiable information that a reasonable person would consider relevant. (D)</p>
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In the Saskatchewan context, what best describes the process for an individual to appeal a decision made by the Real Estate Commission?

<p>The individual must first appeal to the Superintendent of Real Estate, and subsequent appeals may go to the Court of King's Bench. (A)</p>
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Which of the following activities would be considered trading in real estate, according to Section 2(bb) of The Real Estate Act?

<p>Showing a property for lease (B)</p>
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What should a registrant do regarding a Power-of-Attorney?

<p>It is inappropriate to act under a Power-of-Attorney on your own listing or on behalf of your own buyer. (A)</p>
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Jane, a registrant, is approached by a potential client actively listed with another brokerage. Jane knows soliciting this client directly violates Bylaw 707, yet subtly suggests dissatisfaction with the current brokerage. What legislative principle does this scenario MOST directly contravene?

<p>The duty of good faith and honesty, transcending mere legal obligations to encompass ethical conduct. (A)</p>
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A registrant includes information from an unverified source in marketing materials without clear attribution. This error causes economic harm to a prospective buyer due to overestimation of property value. Which bylaw is the registrant MOST directly violating, and what broader regulatory standard is implicated?

<p>Bylaw 701, infringing core tenets of truthfulness and accurate representation. (C)</p>
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An associate broker, seeking additional income, independently manages a close friend's rental property, collecting fees without informing the brokerage. This contravenes multiple sections of The Real Estate Act and Commission Bylaws. Which combination of violations is MOST pertinent?

<p>Breach of Section 63 concerning illicit remuneration and failure of brokerage oversight. (C)</p>
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A registrant uses a private corporation to receive commissions. While allowable, the registrant does not declare interests to all involved parties causing concerns regarding transparency. Which regulatory obligation are they failing to comply with?

<p>Subverting disclosure requirements via indirect compensation mechanisms. (A)</p>
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A branch manager, tasked with supervising registrants, delegates essential supervisory duties without verifying if the delegate possesses adequate experience. If fraudulent transactions then occur, which regulatory standard related to oversight has the branch manager MOST directly violated?

<p>Bylaw 712 concerns delegating supervisory duties without ensuring competence. (C)</p>
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In a dual agency scenario in Saskatchewan, what MUST occur regarding knowledge and consent pertaining to specific information?

<p>The registrant must receive explicit prior consent for continued dual agency representation despite potential conflicts. (A)</p>
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A brokerage implements stringent policies to minimize REIX claims, including mandatory training modules exceeding regulatory demands. Despite these efforts, a fraud claim emerges. In assessing supervisory adequacy, what determinant would the Commission emphasize MOST?

<p>Whether the broker took appropriate corrective actions upon discovering fraud indicators. (A)</p>
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During a marketing presentation to secure a listing, a registrant expresses concerns about a property's structural integrity without any professional verification. What is the MOST appropriate course of action under Bylaw 701?

<p>Modify statements to accurately represent observations without presenting as certified facts. (C)</p>
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A registrant, while assisting with a client's property purchase, discovers undisclosed environmental violations potentially decreasing the property's value. Understanding fiduciary responsibilities, what action aligns BEST with these duties?

<p>Ensure all parties access thorough details with clear, proactive factual communication. (D)</p>
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Under what specific circumstance is a registrant MOST justified in sharing confidential information about a client with their supervising broker without explicit client consent?

<p>To get guidance to fulfill regulatory duties. (C)</p>
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A registrant is delegating responsibilities to an unlicensed assistant. With respect to trust monies which activities are allowed?

<p>The assistant cannot legally handle or process trust monies. (A)</p>
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What is the MOST critical factor in determining whether a registrant’s action constitutes 'professional misconduct' under Section 39(1) of The Real Estate Act?

<p>Whether the action caused harm to the best interests of the public or registrants. (C)</p>
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A registrant has had a prior complaint of misrepresentation that was later dropped due to its unsubstantiated nature. Then, a subsequent, factually distinct complaint arises. How does the existence of the first complaint impact evaluation?

<p>Prior unproven complaint is disregarded to prevent prejudice. (A)</p>
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To ensure the Real Estate Assurance Fund (REAF) retains adequate financial capacity, what actions MUST the Saskatchewan Real Estate Commission undertake if claims significantly deplete its reserves?

<p>The levy of a special assessment is imposed to registrants to re-establish the fund. (C)</p>
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Where a registrant is considering purchasing a property they are marketing, what disclosure specifics are MOST crucial prior to accepting an offer, even if the client is fully informed and agreeable?

<p>A full detailed breakdown involving the extent of involvement and potential conflicts that are present. (B)</p>
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If a registrant is uncertain whether a contemplated action violates regulations, what recourse should they pursue to uphold fiduciary responsibilities and ensure regulatory compliance?

<p>The course of action is to contact the compliance sectors pre-emptively to ensure compliance standards. (D)</p>
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Given their importance for accuracy, who bears ultimate liability if an error appears on advertisement after broker approval?

<p>Both registrant and their supervising broker are responsible. (C)</p>
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A registrant operating a registered brokerage wants to start a separate property management company. With specific regard to The Real Estate Act, what conduct would violate REAF policies?

<p>Mixing monies and fees collected by the property management enterprise into the brokerage. (D)</p>
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If formal hearing discovers that the registrant made serious infractions, and a resolution is not reached, what influence does this pose to potential insurance.

<p>REIX insurance coverage may have exceptions. (C)</p>
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A prospective buyer cannot procure financing. Which action MUST the registrant take to avoid potential infractions concerning offers after consulting with each client?

<p>Support clear contract termination as per the conditions in the agreement. (A)</p>
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If a registrant markets that he is a niche expert with top 3% of realtors, his success may be based on what factors that would violate REIX?

<p>The success of that top talent is misrepresented. (B)</p>
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Upon discovering trust fund irregularities at a brokerage, which action from a Compliance Review Officer would DIRECTLY protect consumers?

<p>Order summary suspension, securing monies. (D)</p>
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When must information about compensation/fee agreements between a brokerage and its clients actually be documented to conform with Subsection 60(1) and Bylaw 721?

<p>Always, before client has opportunity to assessment terms, regardless as to what promises are being created. (B)</p>
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Within an exclusive agency agreement, when can the seller choose not to work or allow other agencies to see his home?

<p>If this clause and impact is revealed to the seller. (D)</p>
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To what extent can registrants engage in self-promotion and marketing tactics, if any?

<p>Is allowed if advertising standards by Bylaws 726, 729, section 55 of Act are completely followed. (C)</p>
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Before acting on real property, what must action must be used to get permission to start in accordance of Bylaw 714?

<p>Registrant must reasonable take to gather any essential fact. (C)</p>
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What is one factor that is viewed into if there is a conflict with REIX claim.

<p>If the act that is known as is not trade in real estate. (A)</p>
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A seller expresses reservations about some items on an offer. What responsibility MOST explicitly falls on agent?

<p>Registrant shouldn't force an approval of agreement. (D)</p>
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As per the regulations that were described.

<p>Registrants and REIX should understand certain obligation. (C)</p>
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What must a branch manager be able to do.

<p>Must properly be capable of providing proper advice. (A)</p>
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What must an advisor make.

<p>Make a oath to do his duties for clients and others. (C)</p>
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Why does REIT are related?

<p>The REIX offers cost measures to any that. (C)</p>
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As a licensee, they act to be an expert in

<p>Real estate trade or any facet for a certain trade. (A)</p>
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Regarding conduct what is most true.

<p>Must be with courtesy and all parties must do this always. (D)</p>
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How does the commission determine which order if some issue occurs?

<p>The investigation process must find a reasonable order. (B)</p>
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Flashcards

What is The Real Estate Act?

Provincial legislation governing the real estate industry in Saskatchewan.

Who is the Superintendent of Real Estate?

Oversees the administration of The Real Estate Act and works with the Commission to regulate the real estate industry in Saskatchewan.

Role of the Real Estate Commission:

Oversees day-to-day administration and regulation of registrants.

Importance of knowing Act, Regulations, Bylaws:

Knowledge of these is needed to abide by regulations and provide reasonable information to clients.

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Purpose of the Real Estate Act:

Provides the legislative framework for the regulation of real estate salespersons and brokerages in Saskatchewan.

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Aim of Real Estate Legislation:

To eliminate unethical practices and ensure competence.

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Saskatchewan Real Estate Commission:

A co-regulatory body working with the Financial and Consumer Affairs Authority in Saskatchewan.

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Commission's main responsibility:

Registering real estate and property management brokerages, brokers, branch managers, and salespeople.

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Purpose of Education:

To maintain high professional standards.

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Interest Bearing Trust Account:

All brokerages must maintain for monies received in trust for a trade in real estate.

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Commission's investigative role:

Handling complaints and discipline.

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Real Estate Assurance Fund (REAF):

Designed to provide financial protection to the general public for eligible claims.

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Commission's duty is:

To serve and protect the public and act in the public interest.

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Commission's objects:

To regulate registrants and assure public of their competence.

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Mission statement:

To ensure registrants act ethically and strengthen consumer trust.

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Vision statement:

To be a highly professional, self-regulating organization.

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Commission protects public by:

Sets standards, watches over the industry, and protects the public interest.

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Commission structure includes:

Comprised of 11 or 12 members, some public and some elected.

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Commission has authority to:

It's the authority to appoint a registrar and hire employees.

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The three legislative sources:

the Real Estate Act, the Real Estate Regulations; and the Saskatchewan Real Estate Commission Bylaws.

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Section 14 of the Act:

Empowers the Commission to make administrative and regulatory bylaws.

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The Act: term 'person' includes:

Natural persons and legal entities.

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Act definition: 'buyer'

A person acquiring an interest in real estate by purchase, exchange, option, lease or otherwise.

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Act requires registration:

Trading in real estate in Saskatchewan.

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What are the five levels of registration?

Brokerage, broker, branch manager, associate broker, and salesperson.

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Brokerage:

The registrant on behalf of which other registrants provide services.

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Brokers and branch managers must be:

Individuals meeting education requirements.

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Associate brokers meet:

Educational and experience requirements.

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An Advertising exemption is:

Advertising originating from a shared data distribution pool.

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Enacted exemptions:

To exclude activities/individuals not part of the Act's main focus.

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Registrant's conduct:

Must always be consistent with agent duties.

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Agent Relationships:

The legal relationship involving an agent and a principal.

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Real Estate Services as a Fiduciary:

When acting on behalf of another in an agency relationship.

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Requirements for Registration:

Application, address for service, and required evidence.

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Bylaws require applicants to do:

Submitting a criminal record check.

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Salesperson registrants do:

Successfully completes Phase 1 & 2 levels.

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Registrant's status change:

Submitting new registration application.

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Brokerage's required notice:

Notify commission within five days.

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Registrant's own 'leave of absence':

Terminate from personal page.

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Real Estate Insurance Exchange (REIX):

Provides protection to the public with $1,000,000 coverage.

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The term five days refers to

Notify the Commission in writing no later than five days aftet the occurrence of any of the following; a change in the registrants personal contact information.

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What constitutes 'errors and ommissions?

A registrant shows a prospect a property, praising its many features. Unbeknownst to the registrant, the property has a hidden defect. This is...

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Registration as a 'firm':

A sole proprietor wants to register their business. Should they apply for registration as a 'firm'?

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Out of province trades:

A registrant needs to show properties outside of Saskatchewan in order to continue getting paid. Is under another jurisdiction's rules applicable?

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Unacceptable Behavior:

Acting on ones own authority by signing on someone elses document.

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Familial Disclosure: A violation?

A registrant is related to the buyer in a deal, but does not disclose this fact to the seller.

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The importance of disclosure for customers means:

If a registrant holds a position that oversees property while selling said property to a customer.

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Never solicit agency:

A client wants to cancel their present listing and hire a different agent.

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Power of Attorney:

An agent has a power of attorney for the buyer. Are they covered with REIX?

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Obligation isn't diminished:

A registrant fails to deliver an offer immediately citing absecense.

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Is an ethical decision:

A registrant has a gut feeling about a client and refuses to work wth them.

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Making statement:

You are asked your expert opinion, but you do possess the certification to make said opinion.

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Do you use a second registrant:

An agent has a client with a specific list of requirements. They use another registrant to do said search.

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Study Notes

Bylaws Continued

  • Bylaw 704: Registrants must accurately share costs prior agreements
  • Bylaw 705 must share with client the value of real property. Registrant shouldn't provide this value without consulting client
  • Bylaw 706 Registrants can not discredit the competition
  • Bylaw 700 Registrants can't knowingly approach sellers that they cant solicit or agency with
  • Bylaw 708 when agreeing to contracts a notification must show:
    • Reduced market exposure
    • Fewer potential buyers
    • Buyers restricted from purchasing
  • Bylaw 709: Never negotiate without clients present
  • Bylaw 710: Must be objective
  • Bylaw 711 : A broker branch manager must supervise appropriately
  • Bylaw 712: Broker or branch manager should be responsible. Reviewing real estate ensuring brokerage used proper personal.
  • Bylaw 713: No registrants are part time
  • Bylaw 714: Registrants should discover as much as possible
  • Bylaw 715 Registrants. To discover face in appropriate
  • Bylaw 716 should not accept completion from multiple parties
  • Bylaw 717 cannot represent business under other names
  • Bylaw 718 must trade.
  • Bylaw 718.1 should have only one business name
  • Bylaw 719 Registrants: Can never advise breach
  • Bylaw 720s: Registrants can never make a false application
  • Bylaw 721. Buyer or seller.
  • Bylaw 722-733. The brokerage and or act for that must be met.

Key Points

  • Commission can enforce bylaws that carry the weight of Law (same as Act)
  • Act includes: Admin functions, registration, fees, assurance funds:
    • Records and handling.
    • Trading and Conduct including investigations.
  • The bylaw makers help make the Act applicable. Preamble says it all: Always have to stay informed.
  • SREC is trying to prevent bad behavior to create a fair environment for all.
  • Some of The key acts: Cannot trade name, always be informed and never make the incorrect forms.
  • There were Key definitions under the Act. For example. A family member counts if they have to trade or you need protection.
  • There are times where multiple offers will have to have your disclosure
  • REIX does not cover transactions in which the registrant's spouse is involved.
  • REIX requires annual fees from those involved.
  • For cash pay clients. You will receive your money.
  • SREC. Has fines and processes to make sure everyone is behaving the same. There are specific penalties.
  • Timeshares are controlled, with lots stipulations.
  • Also REIX insures against potential law suits.
  • All information is always kept strictly confidential.

Other Business notes

  • The advisory board help administer.
  • The advisory board helps people administer the program.
  • And everyone must provide their support in all the listed situations.
  • If you think REIX is bad. Please remember. They are looking out for you.
  • And that's what everything entails

Special Penalties

  • Section 89.1 lists any penalties
  • Fines and things people must pay to be in relation to all the regulations.

Quick REIX Facts

  • Some REIX regulations: Some times it's best to contact REIX to be prepared.
  • Some items in REIX dont list those: Power of attorney is not covered
  • Some things mean. 702. The act. Regulations. 812. Also 7:49 always report what you can get done

Remember to protect the public

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