A contract or other situations created
by the conduct or words of other parties,
and not arising from explicit agreements.
All real estate agreements weather
implied or expressed should be made into
written agreements that clearly delineate
responsibilities, expectations and specific
details of any contractual undertaking.
Implied dual agency arises when a brokerage
inadvertently represents two parties or
unwittingly is placed in the position of
working for two principals, usually the
buyer and seller, in a real estate
transaction.
This situation is most likely to occur in a
traditional agency relationship when the
seller has listed with a brokerage. The
brokerage, and all employed representatives,
owe fiduciary duties to the seller through
express agreement as set out in the listing
agreement/contract. However, one of the
salespeople could inadvertently assist the
buyer through some form of counseling and
advice
Both the seller and buyer may be under
incorrect assumptions. The seller may think
that the brokerage works solely in his/her
best interest. The buyer, upon receiving
counseling, is led to believe that an
implied agency relationship exists as the
salesperson is working in his/her best
interest. The result is implied (or
unintended) dual agency.
Covenants presumed to exist in a
deed
or a mortgage document registered under the
appropriate provincial land registration
system, regardless whether they appear in
such documents.
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