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In every Listing Agreement there is a point in time when the agency relationship ends. A Listing Agreement، as it is popularly known, is nothing more than a contract between the legal holder of an interest in land “the Principal” and a duly licensed real estate firm “the “Agent”، whereby the firm determines and accepts to find a purchaser within a specified time who is ready، willing and able to purchase the interest in the land which is the subject of the contract، while acting within the scope of the authority which the Principal gives to the Agent، and where further rather the licensee determines and agrees to pay a commission if the licensee is ever successful in finding such a buyer.

As in all contracts, an element commonly known in law as an “implied covenant of good faith and fair dealing” is implied into a Listing Agreement.

This covenant is a general assumption of the law that the parties to the contract – in this case the titleholder and the licensed real estate firm – will deal fairly with each other and that they will not cause harm to each other. breaking their words. or otherwise breach their respective and mutual contractual obligations, express and implied. Breach of this implied agreement gives rise to liability both in contract law and, depending on the circumstances, in tort.

Due to the special nature of a listing agreement, the courts have long decided that during the term of the agency relationship، a second element is implied in the contract arising from the many duties and responsibilities of the Agent towards the Principal: a. obligation of confidentiality, which obligates an agent acting exclusively for a seller or a buyer, or a dual agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep certain information provided confidential by the Director.

As with the implied covenant of good faith and fair dealing, a breach of this duty of confidentiality gives rise to liability both in contract law and، depending on the circumstances، in tort.

Pursuant to a recent decision by the Real Estate Council of British Columbia (http://www.recbc.ca/), the regulatory body mandated to protect the public interest in matters relating to real estate real estate, a question now arises as to whether or not the duty of confidentiality extends beyond the expiration or termination of the Listing Agreement.

In a recent case, the Real Estate Council reprimanded two licensees and a real estate firm for breaching a continuing duty of confidentiality that the Real Estate Council found owed to the seller of a property. In this case the subject property was listed for sale for more than two years. During the period of the Listing Agreement the price of the property was reduced on two occasions. Despite this, the property ultimately did not sell and the listing expired.

After the listing expired, the Seller entered into three separate ‘fee agreements’ with the real estate firm. In all three cases, the Seller declined agency representation and the firm was identified as the ‘Buyer’s Agent’ in these fee agreements. A party commenced legal proceedings against the Seller, which involved the subject property.

Counsel acting for the plaintiff approached the real estate firm and requested that they provide Statements containing information regarding the listing of the property. This attorney made it very clear that if the firm did not voluntarily provide the Statements, he would either call the firm and the licensees as witnesses to testify before the judge, or obtain a court order pursuant to Rules of Court obliging the firm to provide such evidence. The real estate firm, believing it had no other choice in the matter, promptly complied by providing the required Declarations.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Board alleging that the information contained in the Declaration was ‘confidential’ and that the firm had breached a duty of confidentiality owed to the Seller. As it turned out, the Statements were never used in court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended upon the expiration of the Listing Agreement. The firm argued, further, that even if there were a duty of continuing confidentiality, such a duty would not preclude or otherwise limit the evidence that the real estate brokerage would be compelled to provide pursuant to a subpoena or a process according to Rules of Court. And, finally, the real estate company pointed out that there is no realtor-client privilege and that under the current circumstances the Seller could not have prevented the firm from testifying in the lawsuit.

The Real Estate Board did not accept the line of defense and asserted that there is a continuing duty of confidentiality that extends beyond the expiration of the Listing Agreement. The Council decided that by giving the Declarations, both the mediation and the two licensees had breached this duty.

Attorney client privilege is a legal concept that protects communications between a client and an attorney and keeps those communications confidential. There are limitations to the attorney-client privilege, such as the fact that the privilege protects confidential communication but not underlying information. For example, if a customer has before discloses confidential information to a third party who is not a lawyer, and then gives the same information to a lawyer, the attorney-client privilege will continue to protect the communication with the lawyer, but will not protect the information provided to the third party.

Because of this, an analogy can be drawn in the case of a broker-client privilege during the existence of a Listing Agreement, where confidential information is disclosed to a third party, such as Real Estate Board for publication under the terms of a Multiple Registration Service Agreement, but not before such information is disclosed to the real estate brokerage. In this case, the privilege would theoretically protect the confidential communication as well as the underlying information.

And whether or not the duty of confidentiality extends beyond the termination of a Listing Agreement is still a matter of open debate, again in the case of the attorney-client privilege there is sufficient legal authority to support the position that such a privilege does in fact extend to a indefinitely, so that an analogy can be drawn, as well as respecting the duration of the duty of confidentiality that the Agent owes to the Seller, to the extent that such duty extends indefinitely.

This, in summary, appears to be the position of the Real Estate Council of British Columbia on the matter.

Clearly, whether the duty of confidentiality arising from a Listing Agreement survives the termination of the contract is problematic for the real estate profession in terms of practical applications. If, for example, a listing with Broker A expires and the seller re-lists with Broker B, if there is a continuing duty of confidentiality on the part of Broker A, in the absence of express consent on the part of the seller, a realtor. Brokerage A could not act as the buyer’s agent for the purchase of the seller’s property if it were re-listed by Brokerage B. All, therefore, would run afoul of all real estate professional cooperation rules. firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listing Service system.

In the absence of specific guidance, until this whole matter is clarified, perhaps the best course of action for real estate firms and licensees, when asked by an attorney to provide confidential information, is to respond that the broker will request obtain the necessary consent. by the client and, if that consent is not given, the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Whether you are buying or selling a property, choosing a real estate agent may be the most important decision you make. Good real estate agents can save you a significant amount of time and money. They can also ensure that the buying or selling process is a pleasant and memorable experience. Here are some tips for choosing a real estate agent:

1. Ask friends/family for referrals:

Ask family and friends for their advice on local agents. This way you will be sure to find an agent with a good reputation.

2. Consider more than one agency:

There are a number of agents that would kill for your business. This is why you should interview as many agents as you can. Compare agents regarding their domain knowledge, experience and qualifications. Also, ask for references from previous clients.

3. Choose an agent who knows the importance of customer care:

As you interview different agents, you will be able to determine their level of customer care or how far they will go to please the customer. Look at things like their attitude toward returning calls and their willingness to meet with you.

4. Choose an agent that handles homes in your price range:

When you choose an agent who deals with homes in your price range, you’ll be sure to end up with an agent who will give his or her best effort. Some agents deal only with high-end properties and are used to high commissions. They are more likely to participate in these properties first.

5. Choose an agent who respects your schedule:

If you won’t be able to view properties during business hours, you should find an agent who is willing to do business after hours or on weekends.

6. Look for an agent you can communicate with:

Communication is vital when buying or selling real estate. Make sure you choose an agent who understands your needs and communicates them well. You will be better off if you choose an agent who registers a high level of comfort with you or with whom you are compatible.

7. Choose an agent that offers multiple services:

It will be a bonus if you can find an agent who can handle the buying/selling process as well as other additional services such as arranging property inspections or who can refer you to a reliable real estate attorney.

8. Choose an agent who can negotiate:

Negotiation skills are an essential quality of a good real estate agent. Be sure to select and broker with impeccable and proven negotiation skills.

9. Choose a multi-source agent:

Ask agents where your property will be advertised. Make sure the agency uses print advertisements (newspapers/magazines) as well as other promotional materials such as brochures. Also check if the agency uses the Internet to advertise their listings.

10. Follow your instinct:

Choose an agent that makes you feel comfortable and that you trust. Your level of comfort and satisfaction will let you know if you have met the right agent.

Even with the recession, real estate is a billion dollar market in all major developed and developing countries. What do you think is the first thing people look at when looking to buy property? The answer would be the picture of the property in question. Human beings respond best to visual stimulation.

Therefore, quality and interesting photography is very important and if you are a property photographer, you should take it seriously. Why? Because your livelihood depends on it! If you are trying to sell real estate photos to realtors and they are not worth the dollars the realtor is paying, your effort is wasted.

Real Estate Photography Tip #1: Capture the best images

The goal is to sell the property, so your photos must be attractive to the people who view them. Try to highlight the best features of the house; features that potential buyers will want to see matter most. The picture also depends on the nature of the property – residential or commercial. In fact, the photos should show your talent and skill. When looking for realtors to look at images, sometimes you need to provide samples, so capturing the best images will go a long way toward getting the deal.

Real Estate Photography Tip #2: Sell Images

To make a living in this type of photography professionally, give yourself 1-2 years to build a solid client base. You can create a professional website with your portfolio, current projects (if any), specialization, skills and plenty of clear high-definition photos for potential buyers to see. Of course, you have to do a lot of marketing to get customers. Start by surveying the area where you live and any other places you have easy access to. Contact realtors in the area, show them sample images, and if luck is on your side, you’ll soon land your first deal!

Real Estate Photography Tip #3: Getting High Profile Clients

Getting high profile real estate clients who will buy your photos is not easy because there are always better photographers around you and you also lack experience in the beginning.

So، after you’ve worked with local realtors for a year or two، consider migrating to finding high-profile clients. The pay scale is definitely higher، but you need to have real skills and knowledge to have an edge over others.

Ask yourself – what is it about you that sets you apart from other real estate photographers? Once you answer that, build on that aspect for better projects.

Of course, getting high-profile clients isn’t easy. Be prepared for sample photo shoots as part of a personalized sales pitch.

State legal systems in the United States are based on one of two legal systems. 49 states base their laws on the Common Law system، first used in England.

However، one state، Louisiana، uses the French Napoleonic Code as the basis for their legal system. While legal systems based on common law rely on judges’ decisions to set precedents that are used to make subsequent decisions، Louisiana’s system does not.

Napoleon’s code was intended to simplify laws at a time when many people were illiterate or did not have access to printed information. Ironically، the effort to create a simpler and easier to understand legal system has resulted in one of the most complex and least understood sets of state laws here in Louisiana.

There are many other differences between the two systems، but it is not as important to know every single difference as it is to understand that there are important differences between state laws in Louisiana and those of most other states.

Basics of real estate law:

Real estate laws are the laws that deal with land and anything built on that land، including the ownership، use، and transfer of ownership of that land.

As discussed above، Louisiana’s unique legal heritage has influenced current laws in many ways.

One such way is the term used to refer to real estate in this state. While the rest of the United States uses “real estate” in legal documents، in Louisiana real estate is referred to as “real estate.”

Inheritance and “Forced Heirs”:

Another area that requires special attention is that of heritage within Louisiana. Inheritance laws stemming from the Napoleonic Code were intended to ensure that assets remained in their family of origin، so while the other 49 states allow property to be transferred as the owner prefers after their death، this is not always the case in Louisiana.

Laws regarding the inheritance of real estate may dictate that close relatives، including parents or children، inherit the property before anyone else.

Community property or separate property?

Louisiana real estate laws divide property ownership into two categories:

• Community property.
• Separate property.

While the difference between 2 differences may initially seem obvious، upon closer inspection the line becomes less clear.

For example، once a couple is married، all property does not automatically become community property، and in the event of a divorce، one spouse may have no claim or right to certain property.

Some of the factors considered in this situation are when the property was purchased and whose funds were used، which can be a difficult fact to ascertain.

Austin Real Estate has always been the most prominent option for all those who want to be in touch with nature. The aspect of environmentalism has gained a lot of popularity in all walks of life.

It has so much importance in the modern world. In earlier times, people were not very concerned about the environment and its importance in the process of sustaining life on this planet.

Now, the situation has changed a lot. Even the designs of residential and commercial buildings are giving importance to being in close contact with nature.

Austin was the first city in the United States to create and implement a green building program. It was made by planning for long term guidelines for the construction of environmentally friendly houses for people interested in building new houses.

The National Association of Home Builders has chosen the city of Austin as their target area to launch their campaign for a complete green building scenario، with the goal of changing the outlook towards the environment throughout the real estate industry.

This was done in 2003. They have selected the city of Austin itself because Austin Real Estate is considered a leader in this process throughout the USA. These guidelines aim to create a unified strategy for the construction of nature friendly house، which features high efficiency and high quality indoor environmental houses.

It’s a surprising fact that the city of Austin had such guidelines for a long time even before the association began implementing them nationally.

Austin Energy and the City of Austin guidelines have created a notable movement toward energy conservation and green building.

An energy conservation program was also initiated with a team of experts to carry out energy analysis of existing houses and suggest options to save energy with some minor changes.