Answers Verified 100% Correct
How long is license valid if not registered with brokerage? - ANSWER 36 months
Levels of Disclosure - ANSWER 1. other party represented by another brokerage
2. other party not represented
3. other party represented by same brokerage
Designated Agency vs Common law - ANSWER Designated Agency
- relationship with individual instead of brokerage
- conflict of interest only if agent has an interest in property
Common Law
- agency relationship exists
- conflict of interest extends to whole brokerage
- must be disclosed
Inducement vs incentives - ANSWER - Inducement is client specific
- incentives must be offered by brokerage to everyone
If industry professional withdraws from profession during disciplinary proceedings -
ANSWER - RECA issues a news release
- all disciplinary proceedings terminated
- lifetime ban from all industry professions governed by RECA
Advisory Notes - ANSWER Technical breach of legislation
- ex. forgetting brokerage name on marketing
Letters of Reprimand - ANSWER - where cases of conduct deserving sanction is less
serious
- agent has also received an advisory note
Administrative penalties - ANSWER - actions breached a section of rules and deemed
potentially serious
Approaches to complaints agent agent - ANSWER - Advisory notes
- technical breach
- letter of reprimand
- less serious, already received advisory note
- Administrative penalty
,- potentially serious
- hearings
- severe in nature
Records must be: - ANSWER - kept in Alberta
- maintained in electronic form
- kept by brokerage for 3 years
- accessible to RECA for inspection
To become licensed - ANSWER - must become registered with brokerage before one
year.
- must renew by September 30, each year
Privacy legislation regarding client information - ANSWER - Personal Information
Protection Act (PIPA)
- Provincial legislation
- Personal Information protection and Electronic Documents Act (PIPEDA) -
federal legislation
Personal Ethics - ANSWER Morals - held by individual
Ethics - Standard of Conduct (values/beliefs that guide actions)
Professional Standards - Rules and Regulations
Ethical Decision Making - ANSWER 1. Recognize
2. Analyze
3. Test
3A. Seek assistance if needed
4. Implement
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