New tools and services: the same professional obligations apply
March 5, 2025
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Here are the professional obligations that licensees must comply with when using any new information listing and advertising service:
A real estate brokerage contract must absolutely be signed before advertising the sale of a property1
Real estate brokers must obtain their clients' consent to use information listing services
Representations and advertising relating to a real estate broker must include certain mandatory statements2
The identity of the represented party must be verified, as well as the identity of the other parties to the transaction if they are not represented3
The listing of an immovable on an information listing service desired by a seller must take place when the marketing of the immovable or performance of the brokerage contract begins4
Any description sheet intended for the public that presents the property must reflect the reality of the property and contain, where appropriate, certain mandatory statements5
The information provided to the public or to another licensee must be verified in accordance with the laws and regulations that apply to real estate brokerage6
The information must be structured to protect personal information
The real estate brokerage contract file must contain all documents used to perform the contract or complete the transaction, such as communications7
Of course, it is up to licensees to ensure that the tools they intend to use during their professional activities comply with their professional obligations.
[1] Section 111 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.
[2] Section 114 and 115 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising.
[3] Section 29 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.
[4] Section 44 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.
[5] Section 118 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.
[6] Section 5 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.
[7] Section 11 of theRegulation respecting brokerage requirements, professional conduct of brokers and advertising.