Verified 100% Correct
Golden rule - ANSWER Do unto others as you would have them do unto you
Real Estate Insurance Exchange (REIX) - ANSWER - provides financial protection
- compensates consumers up to $35,000
- mandatory errors & omissions insurance + negligence
- excludes injuries or death, transfers of title, commission/fees
- $3,500 is the first deductible
- $7,000 if second claim.
- RECA collects premiums with licensing fees
Tort Law - ANSWER Compensation for civil wrongs that result in harm
- Negligent Tort
- carelessness, failure to exercise reasonable care
- Intentional Tort
- assault, fraud, theft, defamation
- strict liability Tort
- the act itself, producting defective products, using hazardous materials
Benefits of REIX - ANSWER - enhances the image of the profession
- has the potential to save on insurance costs
- The profession is active in managing the program and its risks
Duty based approach to ethical decision making - ANSWER - individuals intentions or
motives
- belief in universal moral system of ethical reasoning
- individuals should do the right thing because its the right thing to do
Errors and Omissions Insurance - ANSWER real estate equivalent of malpractice
coverage
Comprehensive General Liability Insurance - ANSWER - broad coverage for claims
against injury/damage
- civil liability (a fall)
- any damages or injuries
- legal defense costs
- does not cover issues related to real estate transactions
Voluntary Broker Resolution Process (VBRP) - ANSWER - enables broker to take the
,lead in resolving complaints and disputes
- prior to RECA + Formal courts
- brokers confer with REIX before proceeding
Privacy Law - ANSWER - Brokerages must designate a privacy officer to be
accountable for compliance
- must be consistent with the applicable privacy legislation
Benefits of Voluntary Broker Resolution Process - ANSWER - avoids time and intrusion
involved with RECA investigation
- identifies deficient brokerage practices that need improvement
- allows participation in the process to achieve acceptable resolution
- opportunity to mend relationship with consumer
Three components of broker leadership - ANSWER Authority, responsibility, and
accountability
Reactions to conflict - ANSWER Physical, Cognitive, Emotional
Principles of Competition Act - ANSWER - Do not collude with competitors
- do not discriminate against or refuse to do business with competitors
- do not mislead the public through advertisement or representation
Proceeds of Crime (Money Laundering) and Terrorist Financing Act - ANSWER -
Federal act
- specific measures to detect and deter money laundering
- facilitates investigations
- responds to threats posed by organized crime
- fulfill international commitments to fight multi-national crime
Financial Transactions and Reports Analysis Center of Canada (FINTRAC) - ANSWER
- responsible for collection, analysis and disclosure of information
- identifies lists of groups under their watch
- brokers must report suspicious transactions
Safeguards to protect personal information - ANSWER Administrative, Technological,
Physical
Confidential information - ANSWER includes both personal and business information
- not readily available info, may have value
Civil liability - ANSWER - private legal action between disputing parties
, - involves and plaintiff and defendant appearing in court
- established by the courts at the conclusion of legal proceedings
Types of Consent - ANSWER Express (most important)
- given verbally or in writing
Implied
- does not specifically give, but volunteers personal information
Opt-out
- unless the individual takes action, can assume consent is given
Legacy Information - ANSWER - personal information collected before application
privacy legislation came into effect
- considered to be collected with consent
- may be used for a new purpose other than original purpose if new consent is obtained
Disputes come from: - ANSWER Assumptions
Omissions (non actions)
Commissions
- act that did not meet approval, creating issues ex. young couple in
55+ building
Complaints and Disputes can - ANSWER - indicate need for improved
policies/procedures
- are associated with learning opportunities
Types of Authority - ANSWER Express
- written or verbal
Implied
- whatever needed to accomplish action
Customary
- widely accepted way of behaving or performing action
General Obligations - ANSWER perform mandate, exercise care and skill
Fiduciary obligations - ANSWER act in best interest
Common Law - ANSWER Laws put in place by the courts