An Ontario salesperson represents a seller who receives two identical offers, one of them from the salesperson's spouse. The seller does not know about the relationship. What does the Code of Ethics require if the salesperson is to keep acting for the seller?
Correct Answer
D) Disclose the relationship, advise independent advice, and get the seller's written consent
Code of Ethics s. 13 allows a registrant to provide or continue providing services despite a conflict of interest only after disclosing the relationship, advising the client to seek independent professional advice, taking reasonable steps to ensure the client understands the conflict, and obtaining the client's written consent. Withdrawal is not mandatory; carrying on without these steps is what the Code prohibits.
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An agent represents a buyer interested in a property listed by another agent at the same brokerage. Both the buyer and the seller signed brokerage representation agreements, not designated representation agreements. What situation has been created under Ontario's TRESA rules?
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