Giving and Receiving Notices

by Elizabeth
(Canada)

Signing the Receipt Acknowledgement

Signing the Receipt Acknowledgement

"Where a Brokerage represents both the Seller and the Buyer (multiple representation), the Brokerage shall not be entitled or authorized to be agent for either the Buyer or the Seller for the purpose of giving and receiving notices.".

Does this mean that the sales representative can only deliver the offer to purchase agreement between buyer and seller and nothing more?

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Feb 21, 2018
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by: Ross

Just a brief note of clarification, Elizabeth. The acknowledgement signature by the agent is merely that - an acknowledgement of receipt.

It does not imply agreement to the terms as stated on the form. The agent's signature does not replace the requirement for the client's signature on any form wherein the client agrees to the stated terms. To be clear, it is not a limited power-of-attorney given by the client to the agent.

It's not unlike a written receipt of funds wherein the receiver signs to acknowledge that they received the money.

I trust this makes the issue a little clearer.
Feb 20, 2018
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by: Ross

Hi Elizabeth:

Thanks for your inquiry regarding the delivery of real estate documents. Your question is a fair one.

Every realty transaction involves numerous documents, such as the Agreement of Purchase and Sale (APS), Waiver(s), Notice of Fulfillment(s), Amendment(s) and so on. As such, ALL pertinent documents are included under this regulation, and not just the APS.

For a single agency transaction, the client's own agent, whether for the seller or the buyer, is typically given the responsibility of delivering and receiving such documents on behalf of their respective client. This responsibility must be included in the APS and agreed by all parties to the agreement.

In other words, the agent assumes the responsibility to affix his or her signature on the appropriate line to acknowledge receipt of said document for their client. The agent would then simply deliver a fully executed copy to their client, with no further signature required from the client.

When multiple agency is involved, the process is a little different. The dual agent cannot sign to acknowledge receipt of ANY document from one of his or her clients to the other client. The agent must deliver the document from one client, say the buyer, directly to the other client, in this example, the seller, and obtain their acknowledgment signature to confirm delivery.

So, it's not about the physical delivery as much as about signing to acknowledge its receipt.

I trust this answers your question. If you need a further clarification, or you have another question, feel free to contact me anytime.

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