RECA Residential Exam
16 studiers recently 4.6 (50 reviews)
Save
Students also studied
Legal Concepts and Court Procedur... Property Chapter 3: Aboriginal Title... Law: Chapter 6 - Notes: Offer
26 terms 12 terms 83 terms
Natalie_Ellis10 Preview LadOfMeme Preview Trudy_Beamish1 Preview
Terms in this set (112)
, - Trust and confidence
Fiduciary Representation - Best interests
- Loyalty
1. Discuss
2. Determine
5 Ds of Role Clarity 3. Document
4. Disclose
5. Do
- the nature of services provided
- whether professional has entered into representation relationship with
other party
- any conflicts of interest
Must disclose in writing - any other facts that may influence consumers decision to proceed with
relationship
made to clarify and provide proof of undertanding in event issues or
disputes arise
, Written Service Agreement
- when consumer chooses a representation relationship
- becomes a client
- provide signed copy to brokerage
Written Service Agreement vs
Customer Acknowledgement Forms
Customer Acknowledge forms
- non-representation relationship
- becomes a customer
- provide signed copy to brokerage
PIPEDA - Federal legislation
Alberta's legislation, how private organizations use and disclose personal
PIPA
information.
a legal document authorizing someone to act on your behalf
- must be 18
Power of Attorney - POA must be written, dated and signed by both donor and witness
- donor must be mentally capable or contract is void
- only effective as long as donor is alive, will takes effect once death
, General POA
- has no limits on powers of the attorney
- can make all decisions regarding financial and legal affairs
- exception where the donor resides and health care
Special POA
- make certain decisions
- also called limited POA
- may grant authority to oversee sale, deals with land
- must be registered on Certificate of Title
Types of POA
Immediate POA
- takes effect as soon as POA is signed, dated and witnessed
- terminates upon loss of mental capacity or death
Enduring POA
- immediately upon being signed, dated and witnessed
- continues if donor becomes incapable, mentally incapacitated
- must include statement whether it takes effect immediately and
continues...
Court ordered sale usually as a way to resolve legal matters
Judicial Sale
- primary debt recovery method for default mortgages