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Agency & Professional EthicsConflicts_of_interestONHARD

Before any offer is made, a registrant representing a buyer learns that the seller of the home the buyer wants is the registrant's own sister. What must the registrant do under Ontario's Code of Ethics before continuing to act for the buyer?

Correct Answer

D) Disclose the relationship and get the buyer's written consent to continue

The seller is the registrant's sister, so the registrant's interests may conflict with the buyer client's. Code of Ethics s. 13 allows the registrant to keep acting only after disclosing the relationship, advising the buyer to seek independent professional advice, taking reasonable steps to ensure the buyer understands the conflict, and obtaining the buyer's written consent. O. Reg. 567/05 s. 22.9 also requires the sister's property interest to be disclosed before any offer is made.

Answer Options
A
Continue as planned, since the relationship is a private family matter
B
Terminate the buyer representation agreement without any explanation
C
Report the relationship to RECO and wait for its approval
D
Disclose the relationship and get the buyer's written consent to continue

Why This Is the Correct Answer

This answer is correct because it reflects the core of Code of Ethics s. 13: the registrant may continue only after disclosing the relationship and obtaining the buyer's written consent, together with advising independent professional advice and ensuring the buyer understands the conflict. Written consent is the step that lets the representation lawfully continue.

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Key Terms

conflict of interestCode of Ethics s. 13written consentrelated persons. 22.9
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