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Fiduciary Representation - ✔✔- Trust and confidence
- Best interests
- Loyalty
5 Ds of Role Clarity - ✔✔1. Discuss
2. Determine
3. Document
4. Disclose
5. Do
Must disclose in writing - ✔✔- the nature of services provided
- whether professional has entered into representation relationship with other
party
- any conflicts of interest
- any other facts that may influence consumers decision to proceed with
relationship
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,made to clarify and provide proof of undertanding in event issues or disputes
arise
Written Service Agreement vs Customer Acknowledgement Forms - ✔✔Written
Service Agreement
- when consumer chooses a representation relationship
- becomes a client
- provide signed copy to brokerage
Customer Acknowledge forms
- non-representation relationship
- becomes a customer
- provide signed copy to brokerage
PIPEDA - ✔✔- Federal legislation
PIPA - ✔✔Alberta's legislation, how private organizations use and disclose
personal information.
Power of Attorney - ✔✔a legal document authorizing someone to act on your
behalf
- must be 18
- POA must be written, dated and signed by both donor and witness
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,- donor must be mentally capable or contract is void
- only effective as long as donor is alive, will takes effect once death
Types of POA - ✔✔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
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
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, - continues if donor becomes incapable, mentally incapacitated
- must include statement whether it takes effect immediately and continues...
Judicial Sale - ✔✔Court ordered sale usually as a way to resolve legal matters
- primary debt recovery method for default mortgages
Foreclosure - ✔✔legal action supervised by the court following a default on the
mortgage.
-transfers the real property from the borrower to the lender and erases
interests on title.
Alberta Building Code - ✔✔Legislation that establishes technical specifications
for new building construction and construction materials
Building Permit - ✔✔typically valid for one year during which construction
process must be initiated
Factory Built Construction - ✔✔Manufactured
- three sections that are 95% complete when they leave the factory.
- secure the sections to the foundation and join together
- can often move in the same day or within days
- saves time and mony
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