Since June 10, 2022, revolutionary legislation on real estate brokerage has come into force, radically transforming the way brokers engage with their client's buying process. This new law expressly prohibits real estate brokers from representing both buyer and seller in the same transaction, considered a clear conflict of interest.
Brokers must show the same respect to their colleagues under a brokerage purchase contract (CCA) as they do to those under a brokerage sales contract (CCV).
The Importance of Collaboration
Collaboration is fundamental to real estate brokerage. In fact, this practice is so crucial that the legislator deemed it necessary to regulate it within the Real Estate Brokerage Act and its regulations. These regulations are designed to protect the public and maintain good relations between real estate brokers.
Notice from the Québec Court of Appeal
The Québec Court of Appeal emphasizes the importance of this collaboration in its decisions, affirming that cooperation between brokers is an essential basis for the practice of real estate brokerage. According to the Court, the duty to cooperate, particularly between the seller's broker and the buyer's broker, is paramount.
This duty is enshrined in the Rules of Professional Conduct and is essential to avoid conflicts of interest, maintain the credibility of the profession and ensure the fairness of the process for all parties involved.
Cooperation at every stage of the brokerage process
This cooperation must be present at every stage of the real estate brokerage practice, from the solicitation of the brokerage contract to the follow-up of the transaction after acceptance of a promise to purchase. Courtesy, respect, good faith and honesty towards other licensees are essential.
Ethical behavior
The licensee must always show courtesy and cooperation with his or her colleagues, avoiding any action that might derogate from the honor and dignity of the profession. It is crucial not to abuse the good faith of another licensee, or to seek to gain an unfair advantage. You must also avoid denigrating or damaging another licensee’s relations with his or her customers or with other parties to a transaction.
Respecting customers' right to choose their own brokerage contract
When a licensee solicits a brokerage contract, he must do so in a manner respectful of his colleagues. If another licensee obtains the brokerage contract solicited, it is important to respect the customer's choice and not to seek to influence or express disappointment. Furthermore, it is not advisable to express opinions on transactions carried out by other licensees, unless explicitly requested, in which case the opinion must be informed and objective.
Ethical Use of Disciplinary Decisions
Decisions rendered by the Disciplinary Committee or evidence obtained through disclosure must not be used to prejudice another licensee. Finally, the seller's broker must recommend that an interested buyer enter into a purchase brokerage contract with another licensee to ensure that his or her interests are well represented.
Conclusion
Cooperation and respect among real estate brokers are essential to ensure fairness and transparency in the real estate market. By adhering to these principles, brokers strengthen public confidence in their profession and avoid conflicts of interest. These ethical practices are not only legal obligations, but also effective means of ensuring quality service for all customers.
- Guideline – Collaboration and remuneration sharing, which clarifies the OACIQ’s expectations and sets out best practices for ensuring licensee compliance.
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