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Brokerage Standards Manual

VI. Managing Broker Duties

Unlicensed Activity

In addition to ensuring that all licensees are appropriately licensed to provide the real estate services offered by them, the managing brokershould also ensure that no one who is unlicensed is providing services for which a licence is required.

(a) Trading Services

An unlicensed assistant may not:

  • host open houses, kiosks or home show booths;
  • solicit buyers, sellers, landlords or tenants;
  • show property;
  • respond to questions from anyone outside the related brokerage about information concerning listings or other contracts, titles, financial documents, closing documents or other information relating to a transaction;
  • explain or interpret a Contract of Purchase and Sale or any form of service agreement (for example, listing contract, rental property management contract or strata management contract) with or to anyone outside the related brokerage;
  • negotiate or agree to any commission, commission split, management fee or referral fee on behalf of a licensee;
  • present or negotiate an offer or any form of service agreement; or
  • perform any other activity for which a licence under RESA is required.

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(b) Rental Property Management Services

Unless exempt, an individual must be licensed to provide rental property management services, which are defined in section 1 of RESA:

  • trading services in relation to the rental of the real estate;
  • collecting rents or security deposits for the use of the real estate;
  • managing the real estate on behalf of the owner by:
  • making payments to third parties;
  • negotiating or entering into contracts;
  • supervising employees or contractors hired or engaged by the owner, or
  • managing landlord and tenant matters.

Under section 2.14 of the Regulation, an individual who is employed by a brokerage that is licensed to provide rental property management services is exempt from licensing in respect of the following activities:

  • showing the rental real estate to prospective tenants;
  • receiving and presenting applications in respect of the rental of the rental real estate from prospective tenants;
  • supervising employees or contractors hired or engaged by the brokerage;
  • communicating between landlords and tenants respecting landlord and tenant matters;
  • collecting money in relation to the rental real estate so long as that money is promptly delivered to the brokerage.

This exempt individual may not negotiate or enter into contracts on behalf of the brokerage or the owner of the rental real estate.

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(c) Strata Management Services

Unless exempt, an individual must be licensed to provide strata management services, which are defined in section 1 of RESA:

  • collecting or holding strata fees, contributions, levies or other amounts levied by or due to a strata corporation under the Strata Property Act;
  • exercising delegated powers and duties of a strata corporation or strata council including:
  • making payments to third parties on behalf of the strata corporation;
  • negotiating or entering into contracts on behalf of the strata corporation;
  • supervising employees or contractors hired or engaged by the strata corporation.

Under section 2.18 of the Regulation, an individual who is employed by a brokerage that is licensed to provide strata management services is exempt from licensing in respect of collecting strata fees, contributions, levies or other amounts levied by or due to a strata corporation under the Strata Property Act so long as this money is promptly delivered to the brokerage.

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