The Duty Of Confidentiality In Real Estate

In any Listing Agreement there is a point in time when the agency relationship ends.

A Listing Agreement, as it is widely known, is none other than a contract between the rightful titleholder of an interest in land (the 'Principal') and a duly licensed real estate firm (the 'Agent'), whereby the firm stipulates and Agreements to find a Buyer within a specified timeframe who is ready, willing and able to purchase the interest in land that is the subject matter of the contract while acting within the real of the authority that the Principal confers onto the Agent, and wherein beyondmore the Titleholder stipulates and agreements to pay a commission should the licensee ever be successful in finding such Buyer.

As in all contracts, there is implied in a Listing Agreement an element which is commonly known at law as an 'implied covenant of good faith and fair dealings'. 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 each other to suffer damages by either breaking their words Or otherwise break their respect and mutual contractual obligations, express and implied. A breach of this implied covenant gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Due to the particular nature of a Listing Agreement, the Courts have long since ruled that during the term of the agency relationship there is implied in the contract a second element that arises out of the many duties and responsibilities of the agent towards the Principal: a Duty of confidentiality, which obligates an agent acting exclusively for a seller or for a Buyer, or a dual agent acting for both parties under the provisions of a Limited Dual Agency Agreement, to keep confidential certain information provided by the Principal. Like for the implied covenant of good faith and fair dealings, a breach of this duty of confidentiality gives rise to liability both in contract law and, depending on the circumstances, in tort as well.

Pursant to a recent decision of the Real Estate Council of British Columbia ( http://www.recbc.ca/ ), the regulatory body empowered with the mandate to protect the interest of the public in matters involving real estate, a question now arises As to whether or not the duty of confidentiality extends beyond the expiration or otherwise termination of the Listing Agreement.

In a recent case the Real Estate Council reprimanded two licensees and a real estate firm for breaking a continuing duty of confidentiality, which the Real Estate Council was due to the Seller of a property. In this case the subject property was listed for sale for over two years. During the term of the Listing Agreement the price of the property was reduced on two occasions. This notwithstanding, the property extremely did not sell and the listing expired.

Following the expiration of the listing the Seller entered into three separate 'fee agreements' with the real estate firm. On all three occasions the Seller declined agency representation, and the firm was identified as 'Buyer's Agent' in these fee agreements. A party preceded a lawsuit as against the Seller, which was related to the subject property.

The lawyer acting for the Plaintiff approached the real estate firm and requested that they provide Affidavits containing information about the listing of the property. This lawyer made it very clear that if the firm did not provide the Affidavits voluntarily, he would either subpoena the firm and the licensees as witnesses to give evidence before the Judge, or he would obtain a Court Order ruling to the Rules Of Court compelling the Firm to give such evidence. The real estate firm, believing there was no other choice in the matter, promptly complied by providing the requested Affidavits.

As a direct and proximate result, the Seller filed a complaint with the Real Estate Council maintaining that the information contained in the Affidavits was 'confidential' and that the firm had delivered a duty of confidentiality owed to the Seller. As it turned out, the Affidavits were never used in the court proceedings.

The real estate brokerage, on the other hand, took the position that any duty of confidentiality arising from the agency relationship ended with the expiration of the Listing Agreement. The firm argued, moreover, that even if there was a duty of continuing confidentiality such duty would not precede or otherwise limit the evidence that the real estate brokerage would be subject to give under a subpoena or in a process under the Rules Of Court . And, finally, the realty company pointed out that there is no such thing as a realtor-client privilege, and that in the instant circumstances the Seller could not have foretold the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defense and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council rule that by providing the Affidavits both the brokerage and the two licensee had breached this duty.

The attorney-client privilege is a legal concept that protects communications between a client and the attorney and keeps those communications confidential. There are limits to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the under information. For instance, if a client has previously disclosed confidential information to a third party who is not an attorney, and then gives the same information to an attorney, the attorney-client privilege will still protect the communication to the attorney, but will not protect the Information provided to the third party.

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

And as to whether or not the duty of confidentiality extends past the termination of a listing agreement is still a matter of open debt, again in the case of an attorney-client privilege there is ample legal authority to support the position that such privilege does in Fact extend indefinitely, so that arguably an analogy can be infringed as well respecting the duration of the duty of confidentiality that the agent owes the Seller, to the extent that such duty extends indefinitely.

This, in a synopsis, seems to be the position taken by the Real Estate Council of British Columbia in this matter.

Clearly, regardless of duty of confidentiality that stems out of a Listing Agreement survives the termination of the contract is problematic to the real estate profession in terms of practical applications. If, for instance, a listing with Brokerage A expires and the Seller re-lists with Brokerage B, if there is a continuing duty of confidentiality on the part of Brokerage A, in the absence of express consent on the part of the Seller a Realtor Of Brokerage A could not act as a Buyer's Agent for the purchase of the Seller's property, if this was re-listed by Brokerage B. All of which, therefore, would fly right in the face of all the rules of professional cooperation between real estate Firms and their representatives. In fact, this process could potentially destabilize the entire foundation of the Multiple Listings Service system.

In the absence of specific guidelines, until this matter matter is clarified pursuant to the best course of action for real estate firms and licensees when requested by a lawyer to provide information that is confidential, is to respond that the brokerage will seek to obtain the necessary consent From the client and, if that consent is not forthcoming, that the lawyer will have to take the necessary legal steps to compel the disclosure of such information.

Attending Shows & Concerts? Which to Choose Among Budget Hotels & Luxury Hotels?

If you are attending an event in a big city, it is always advisable to plan your accommodation in advance. Most travelers are always looking for events that promise fun including concerts and shows as part of their itinerary. Whether you are a boat, trade or home and garden show, it is highly likely that you will not be alone.

Most hotels within the vicinity of the venue will have more guests than usual. Other than the competition for available rooms, you should also consider the type of establishment you find. Over the years, lodgings have changed tremendously from ordinary places to stay a night to become homes-away-from-home.

In today's establishments, guests are treated to excellent settings where they enjoy modern amenities and services including Wi-Fi, cable television, video games, mini-bars, on-site restaurants, sports facilities, laundry services and so much more.

Budget and luxury facilities are the most popular options for travelers attending these events. If you are planning to attend a renovation show, it is important to get more insight on these facilities to help you make a better choice.

Budget Hotels in Brief

These establishments are ideal for guests looking for an affordable place to stay without compromising on quality. Basic facilities including beds, washing area and toilets are available but you should not expect to find a prior or ambient environment at the price you are paying for.

Luxury Hotels

If you want to indulge during your travels, a luxury hotel is a good idea. The rooms are well detailed to create an ambient and prestigious environment while the facilities are designed with comfort and elegance in mind. Guests enjoy 5-star features including spas, gyms, Wi-Fi and restaurants and more. The catering is excellent and personalized services are also available.

When it comes to choosing the best place to stay, it is important to first assess your unique needs. For instance, when attending a trade show in the city, your accommodation requirements will differ from a vacationer's. It is also important to determine your budget because this will help you choose the best place to stay.

Location is also a critical consideration which even overrides the cost. When traveling for a particular show, you must ensure you stay close by. This saves you the cost of commuting and makes it easier to sightsee. If you are traveling to see your best band in concert, make sure you find lodgings near the concert hall to guarantee easy access at any time of day or night.

Choosing between luxury and budget establishments depends on affordability and your preference. Always make sure you do your research to find the best accommodation during your travels.

Dress Code for a Limo Chauffeur

A Chauffeur dress code is a set of rules controlling what garments may be worn by a limousine driver. These rules are determined by the limousine company that employs the driver. They may set preference colors for suits, provide some uniforms or specific clothes for the driver to wear. However, chauffeur dress code has some universal rules that must be followed if your employee does not say otherwise.

Let’s look at the chauffeur dress code and what items should be worn by a male chauffeur.

Neck: For corporate runs and night outs tie is optional. However, a tie is required for weddings, graduations and other formal occasions. Bow ties are acceptable but are unusual. The top button of the collar of the shirt must be done up.

Overcoat can be worn if weather requires. Do not put overcoat over a single shirt. Wear a suit or a dark jacket.

Suit Jacket: Plain black suits are the preferred option for most limo operators, but any good quality dark suit is suitable too. Your limo company may have a color preference for a suit.

Shirt: Collared dress shirt is a necessity. It must be clean and well pressed. White is the universally preferred color for weddings and graduations, and other special occasions. For night outs your chauffeur could be dressed in black elegant shirt too. Any good quality white / black shirt will look good and elegant. Avoid button down collars.

Pants: Suit Pants that must match the jacket. Of course, preference for black if not specified otherwise.

Socks: Black or the same color as your suit. If not, at least same darkness as the suit. No logos, images of prints should be visible.

Footwear: Dress Leather Pumps. Preferably black, laced up. Note: people sometimes judge you by your shoes. It is a good idea to invest in good leather shoes and clean them every day.

Rings: A wedding or engagement ring is always allowed. Other rings should be kept away.

Belt: Leather belt that match your suit. No big belt buckles with logos or symbols.

The purpose of chauffeur dress is to represent the company and to make your customers feel in good hands. By following this dress code you will look professional and trustworthy from the second you step out of the limousine. However, the chauffeur needs much more than only to follow the dress code to impress the customers. On the other hand, a good first impression always helps.

A Guide to Help You Pick Your Next Piece of Furniture

Buying furniture does not have to be a stressful or painful activity. In fact, it can actually be a bit fun when you know how to distinguish the quality pieces from those destined for the dumpster. The following guide will hopefully demystify the inner workings and construction of furniture so you can focus on picking out the perfect color, print, and texture for your home.

Upholstered Furniture

Your furniture sets the mood, tone, and overall feel of your home just as your wardrobe conveys these same exercises about you. Upholstered furniture is perhaps the most telling sign of these characteristics as the use of color, design, and texture come into play more here than with any other type of furniture. Pieces that generally fall into the 'upholstered' category include chairs, sofas, love seats, sectionals, and sofa beds. This guide is designed to make your decision less daunting by eliminating some technical terms and giving you some insight into what lies benefit the cloths and cushions.

Woven Fabric Covers

Woven fabric means simply that the fabric is woven by a machine that interlaces two yarns running at right angles to each other. The most widely used group of decorative upholsteries sold in the United States consist of woven fabrics. These woven fabrics can be natural, such as linen and cotton, or man-made fibers like polyester and olefin. In most cases, fabrics are blends of various fibers like the popular cotton-polyester blend. The most popular types of weaves are as follows:

O Jacquard weaves are fabrics with differently colored yarns or fibers woven into highly decorative designs. These weaves are most often found in traditional furniture styles.

O Pile fabrics have loops or cut fibers standing up densely from the surface to form a three-dimensional texture. Depending on color and design, pile fabrics can be suitable for traditional or contemporary furniture.

O Textured fabrics are woven from yarns that have been processed to give them more bulk, crimp, stretch, or otherwise altered. Chenille is an example of a very popular textured weave. Textured fabrics are often woven to resembble antique, homespun cloth.

O Plain-woven fabrics consist of one color with their character resulting from the type of yarn or fiber used. Depending on the texture, plain weaves can be used on formal or informal furniture and with a variety of styles.

O Printed fabrics are first woven and then printed with a decorative design. Chintz and polished cotton are examples of fabrics that are often used for prints, although textured fabrics with blends of nylon, rayon, cotton, and polyester fibers are also often printed.

Non-Woven Fabric Covers

Non-woven fabrics are produced by the bonding and or interlocking of fibers. These fabrics can be made by mechanical, chemical, thermal, or solvent means, or with an adhesive, or any combination of these. Examples of non-woven fabrics include:

O Vinyl , which may or may not be laminated to a fabric backing. Vinyls are preferred on furniture that is subject to hard usage. Also called Naugahyde®, vinyl is often thought of as a substitute for leather, and can be printed in a variety of patterns.

O Flocked fabrics are made by gluing pieces of cut fibers onto a flat woven cloth base. These fibers form a three-dimensional surface much like pile. Flocked velvet is an example of this kind of fabric.

O Knitted fabrics are made by interlooping one or more sets of yarns. This is a reliably inexpensive way of manufacturing fabric.

O Suede-like fabrics , such as Ultrasuede® are often used in decorative upholstered furniture covers to give the look and feel of genuine suede, without using animal hides and usually at less cost.

Inner Construction

The construction and inner workings of an upholstered piece of furniture can be as mysterious as an episode of Murder, She Wrote (ask your Grandma). But hidden under the decorative fabric or cover lies the secret to the piece's overall function, comfort, and longevity. No need to call Angela Lansbury in order to solve this case, read on as we forget what makes your chair or sofa tick.

The frame is the single most important component in determining whether or not a piece of furniture is going to stand the test of time. You probably figured wood as being the most commonly used frame material, and this, of course, is true. But any old hunk of tree will not due if you plan on passing this wonderful chair, sofa, love seat, or whatever on to your children or grandchildren (they'll probably just put it in storage or sell it at a yard sale anyway ). Hardwoods, such as oak, alder, ash, beech and birch are what you're looking for in a frame. These hardwoods have a tighter grain and allow for screws, pegs, and nails to be set securely. Also, the best-made frames use wood that has been kiln-dried . This process consist of heating the wood in an industrial oven to remove excess sap and moisture. The process also makes the wood resistant to absorbing any outside moisture. If you're wondering what the problem is with moisture, I'll tell you. If you already know the answer to this, then skip to the next paragraph Mr. Egypt Smarty-Pants. Moisture can cause warping and swelling, can lead to loose joints and fastenings, and in severe cases can cause mildew or rotting, other than that, it's great.

The quality of the frame depends not only on the materials used, but how they're joined and held together. To create a strong, rigid frame, a variety of woods and laminates can be used in joints and for blocking and doweling.

O Joints are places where one piece of the frame meets another. These points of intersection need to be secured and reinforced with blocks and dowels to allow the frame to hold up over time.

O Blocking reiter to placing additional 'blocks' of wood behind or diagonal to joints and corners to help relieve the stress these areas encounter. Blocks also provide lateral support and create a larger area for screws and fasteners to set wood elements securely.

O Doweling is the process of drilling into both pieces of the joint and then placing a pin, or dowel into the hole, so further connecting the two pieces and adding extra support.

A quality chair or sofa will employ some type of inner spring system, usually in the back as well as the seat area. These systems add comfort, as you might expect, but they also work to take some of the stress off the joints of the frame. Here are some of the spring systems being used:

O The coil or cone spring system uses eight-way, hand-tied double cone springs to provide extra comfort and support. This technique involves fastening the cone springs tightly to the base and expertly tying their tops together with a strong cord. This is the only system that allows for side-to-side movement in addition to up and down movement. Hand-crafted quality comes at a price, though, and while this is widely considered the best spring system, it is also the most expensive.

O The sinuous wire spring is made in a continuous zigzag or "S" shape. These wires run parallel to each other and are quickly directly to the frame and to each other. Similar to this system is the formed wire spring, where the continuous wire is formed into rectangular bends and angles instead of the zigzag pattern.

O The grid suspension system is composed of a wire grid, sometimes covered with paper or plastic-coated wire, which has one side fastened directly to the frame. The other side is connected to the frame by helical springs.

O Some manufacturers use elastic webbing instead of wire springs. The strips of elastic usually intersect and weave together and are fastened directly to the frame. It is best to avoid furniture that uses this technique.

Arm yourself with this knowledge and make a more informed choice the next time you purchase furniture.