Podcast
Questions and Answers
According to The Real Estate Act of Saskatchewan, what is the key distinction between a 'person' and an 'individual'?
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?
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?
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?
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?
What is the significance of REIX's status as a self-insured program with regards to program management and objectives?
What is the significance of REIX's status as a self-insured program with regards to program management and objectives?
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?
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?
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?
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?
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?
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?
How does the Real Estate Act of Saskatchewan define 'fraud' or 'fraudulent,' and what implications does this have for registrants?
How does the Real Estate Act of Saskatchewan define 'fraud' or 'fraudulent,' and what implications does this have for registrants?
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?
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?
In which situation would REIX most likely deny a claim?
In which situation would REIX most likely deny a claim?
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?
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?
What action should you take if you receive a Statement of Claim?
What action should you take if you receive a Statement of Claim?
What factors does the Commission consider when determining the adequacy of supervision of registrants and other personnel by a broker or branch manager?
What factors does the Commission consider when determining the adequacy of supervision of registrants and other personnel by a broker or branch manager?
How does REIX handle a situation where a registrant does not agree that the matter should be settled?
How does REIX handle a situation where a registrant does not agree that the matter should be settled?
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?
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?
Under Bylaw 713, what must a registrant do if they trade in real estate as a part-time registrant?
Under Bylaw 713, what must a registrant do if they trade in real estate as a part-time registrant?
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?
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?
For what is a broker primarily responsible when supervising a branch manager registered with the brokerage?
For what is a broker primarily responsible when supervising a branch manager registered with the brokerage?
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?
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?
Which statement best aligns with the registrant's responsibilities regarding advertising, according to Bylaw 726?
Which statement best aligns with the registrant's responsibilities regarding advertising, according to Bylaw 726?
In the Saskatchewan context, what best describes the process for an individual to appeal a decision made by the Real Estate Commission?
In the Saskatchewan context, what best describes the process for an individual to appeal a decision made by the Real Estate Commission?
Which of the following activities would be considered trading in real estate, according to Section 2(bb) of The Real Estate Act?
Which of the following activities would be considered trading in real estate, according to Section 2(bb) of The Real Estate Act?
What should a registrant do regarding a Power-of-Attorney?
What should a registrant do regarding a Power-of-Attorney?
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?
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?
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?
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?
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?
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?
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?
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?
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?
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?
In a dual agency scenario in Saskatchewan, what MUST occur regarding knowledge and consent pertaining to specific information?
In a dual agency scenario in Saskatchewan, what MUST occur regarding knowledge and consent pertaining to specific information?
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?
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?
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?
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?
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?
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?
Under what specific circumstance is a registrant MOST justified in sharing confidential information about a client with their supervising broker without explicit client consent?
Under what specific circumstance is a registrant MOST justified in sharing confidential information about a client with their supervising broker without explicit client consent?
A registrant is delegating responsibilities to an unlicensed assistant. With respect to trust monies which activities are allowed?
A registrant is delegating responsibilities to an unlicensed assistant. With respect to trust monies which activities are allowed?
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?
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?
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?
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?
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?
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?
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?
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?
If a registrant is uncertain whether a contemplated action violates regulations, what recourse should they pursue to uphold fiduciary responsibilities and ensure regulatory compliance?
If a registrant is uncertain whether a contemplated action violates regulations, what recourse should they pursue to uphold fiduciary responsibilities and ensure regulatory compliance?
Given their importance for accuracy, who bears ultimate liability if an error appears on advertisement after broker approval?
Given their importance for accuracy, who bears ultimate liability if an error appears on advertisement after broker approval?
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?
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?
If formal hearing discovers that the registrant made serious infractions, and a resolution is not reached, what influence does this pose to potential insurance.
If formal hearing discovers that the registrant made serious infractions, and a resolution is not reached, what influence does this pose to potential insurance.
A prospective buyer cannot procure financing. Which action MUST the registrant take to avoid potential infractions concerning offers after consulting with each client?
A prospective buyer cannot procure financing. Which action MUST the registrant take to avoid potential infractions concerning offers after consulting with each client?
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?
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?
Upon discovering trust fund irregularities at a brokerage, which action from a Compliance Review Officer would DIRECTLY protect consumers?
Upon discovering trust fund irregularities at a brokerage, which action from a Compliance Review Officer would DIRECTLY protect consumers?
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?
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?
Within an exclusive agency agreement, when can the seller choose not to work or allow other agencies to see his home?
Within an exclusive agency agreement, when can the seller choose not to work or allow other agencies to see his home?
To what extent can registrants engage in self-promotion and marketing tactics, if any?
To what extent can registrants engage in self-promotion and marketing tactics, if any?
Before acting on real property, what must action must be used to get permission to start in accordance of Bylaw 714?
Before acting on real property, what must action must be used to get permission to start in accordance of Bylaw 714?
What is one factor that is viewed into if there is a conflict with REIX claim.
What is one factor that is viewed into if there is a conflict with REIX claim.
A seller expresses reservations about some items on an offer. What responsibility MOST explicitly falls on agent?
A seller expresses reservations about some items on an offer. What responsibility MOST explicitly falls on agent?
As per the regulations that were described.
As per the regulations that were described.
What must a branch manager be able to do.
What must a branch manager be able to do.
What must an advisor make.
What must an advisor make.
Why does REIT are related?
Why does REIT are related?
As a licensee, they act to be an expert in
As a licensee, they act to be an expert in
Regarding conduct what is most true.
Regarding conduct what is most true.
How does the commission determine which order if some issue occurs?
How does the commission determine which order if some issue occurs?
Flashcards
What is The Real Estate Act?
What is The Real Estate Act?
Provincial legislation governing the real estate industry in Saskatchewan.
Who is the Superintendent of Real Estate?
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:
Role of the Real Estate Commission:
Oversees day-to-day administration and regulation of registrants.
Importance of knowing Act, Regulations, Bylaws:
Importance of knowing Act, Regulations, Bylaws:
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Purpose of the Real Estate Act:
Purpose of the Real Estate Act:
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Aim of Real Estate Legislation:
Aim of Real Estate Legislation:
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Saskatchewan Real Estate Commission:
Saskatchewan Real Estate Commission:
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Commission's main responsibility:
Commission's main responsibility:
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Purpose of Education:
Purpose of Education:
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Interest Bearing Trust Account:
Interest Bearing Trust Account:
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Commission's investigative role:
Commission's investigative role:
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Real Estate Assurance Fund (REAF):
Real Estate Assurance Fund (REAF):
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Commission's duty is:
Commission's duty is:
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Commission's objects:
Commission's objects:
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Mission statement:
Mission statement:
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Vision statement:
Vision statement:
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Commission protects public by:
Commission protects public by:
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Commission structure includes:
Commission structure includes:
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Commission has authority to:
Commission has authority to:
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The three legislative sources:
The three legislative sources:
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Section 14 of the Act:
Section 14 of the Act:
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The Act: term 'person' includes:
The Act: term 'person' includes:
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Act definition: 'buyer'
Act definition: 'buyer'
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Act requires registration:
Act requires registration:
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What are the five levels of registration?
What are the five levels of registration?
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Brokerage:
Brokerage:
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Brokers and branch managers must be:
Brokers and branch managers must be:
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Associate brokers meet:
Associate brokers meet:
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An Advertising exemption is:
An Advertising exemption is:
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Enacted exemptions:
Enacted exemptions:
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Registrant's conduct:
Registrant's conduct:
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Agent Relationships:
Agent Relationships:
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Real Estate Services as a Fiduciary:
Real Estate Services as a Fiduciary:
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Requirements for Registration:
Requirements for Registration:
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Bylaws require applicants to do:
Bylaws require applicants to do:
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Salesperson registrants do:
Salesperson registrants do:
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Registrant's status change:
Registrant's status change:
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Brokerage's required notice:
Brokerage's required notice:
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Registrant's own 'leave of absence':
Registrant's own 'leave of absence':
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Real Estate Insurance Exchange (REIX):
Real Estate Insurance Exchange (REIX):
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The term five days refers to
The term five days refers to
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What constitutes 'errors and ommissions?
What constitutes 'errors and ommissions?
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Registration as a 'firm':
Registration as a 'firm':
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Out of province trades:
Out of province trades:
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Unacceptable Behavior:
Unacceptable Behavior:
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Familial Disclosure: A violation?
Familial Disclosure: A violation?
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The importance of disclosure for customers means:
The importance of disclosure for customers means:
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Never solicit agency:
Never solicit agency:
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Power of Attorney:
Power of Attorney:
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Obligation isn't diminished:
Obligation isn't diminished:
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Is an ethical decision:
Is an ethical decision:
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Making statement:
Making statement:
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Do you use a second registrant:
Do you use a second registrant:
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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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