ARCHIVED BLOG POSTS
2008
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ORES Real Estate Index for November 2008 By Brian Madigan LL.B.This is a very important month for statistics. This follows a substantial stock market crash, a worldwide financial crisis, and elections in both the US and Canada. Remember that last month's statistics carried half the month withou...
12/05/2008
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Dual Agency: Resolved By Brian Madigan LL.B.There are certainly some problems with dual agency, the most critical of which is the inherent unresolvable conflict of interest. But, even if it cannot be resolved, perhaps a suitable accommodation can be arranged.Not every agent is a good negotiator...
12/05/2008
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Dual Agency and the Medical Profession By Brian Madigan LL.B.The laws of agency have their origins in the 12th century BC. The early origins of the Hippocratic Oath for doctors arose in the 4th century BC. It is no surprise that there are startling similarities between the legal obligations owe...
12/04/2008
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Dual Agency and the Legal Profession By Brian Madigan LL.B.Lawyers act for their own clients. They don't act for opposing parties in the same deal or adversaries in Court. The basic element of the agency appointment for lawyers is "advocacy'.The lawyer is selected as an advocate to act for, and...
12/04/2008
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Dual Agency: Negotiator or Mediator By Brian Madigan LL.B.There is a basic presumption underlining the discussions of dual agency and that is, an agent should be a negotiator and not a mediator.Maybe that's true, and maybe it's not!However, many agents are very, very poor negotiators. In fact, ...
12/03/2008
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Unintended Dual Agency By Brian Madigan LL.B.Buyer's agency was popularized as a partial solution to the problems and issues presented by sub-agency.You might recall that in a sub-agency situation, two agents both act for the seller, the listing agent, as well as the selling agent. While buyer ...
12/03/2008
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Dual Agency and Sub-Agency By Brian Madigan LL.B.In order to properly understand the concept of dual agency it is necessary to view it from an historical perspective.In the 60's, 70's and 80's all agents represented the seller, no one acted for the buyer. During this period, buyer's agency was ...
12/02/2008
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Dual Agency: Opposition By Brian Madigan LL.B.So, who is opposed to dual agency?Having undertaken some research on this issue, I was somewhat surprised by the results. There appear to be two separate and distinct groups: · Buyer agency brokerages · Consumer groups Of course, there are others, b...
12/01/2008
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2008 Dual Agency: Supporters By Brian Madigan LL.B.Just who is in favour of dual agency? If there are such substantial problems, why is it still around?The simple answer seems to be real estate brokerages, organized real estate, the real estate cartel and the real estate industry. Those with a ...
12/01/2008