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 ( ), 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.

Business Broadband Deals

Any business, whether it is home based or, a large enterprise that employs several individuals, choosing the best broadband deals would go a long way in helping the owner of the business save a great deal in terms of the money as well as the time invested . Irrespective of the nature of the size of the business venture, the number of employees that it employs or the genre of the business, it would need a phone as well as an Internet to operate and function these days. It becomes imperative that business owners thoroughly analyze the existing market and only then opt for the best broadband package that would best suit their company's financial as well as future prospects.

While going in for Business Broadband Deals, it would augur well for companies to compare several other packages available, procuring quotes from other service providers and comparing them, separately from visiting the websites of the companies and comprehensively scrutinizing the feedback of the customers as these measures Would only help in accelerating their savings. By choosing both the phone as well as the Broadband packages as one collective deal, the customers secure the benefit of saving hugely on the price per deal. But on the other hand, if the customers take the time off to compare a variety of providers before getting to closing in on one, they stand a better chance of finding a better service provider at a more affordable cost. Based upon the number of employees in the office, the number of computers installed separately from the number of phones used by the employees, it would always be better that the business owner chooses to go in for a Business Broadband Deal that is wireless, as so That each employee not only has an access to the internet, but also to the wireless phone connection at their work stations.

There would be multiple Business Broadband sermons. Depending upon how many computers are there on the network and the network that the business houses are wanting to conduct their businesses in, it would be far more practical and viable that the business enterprises go in for faster network speeds so that their customers could get To have a quick insight into the inventory orders placed and any other information as fast as they possibly could or possibly redress issues that might come with a client or a client order. A speedy and a quick broadband connectivity would also mean a better productivity of the employees, maximum output as well as better client response and revenues.

Businesses these days prefer to opt for bundled up packages of both the phone as well as the Broadband Deals as they come by at lower rates as well as services. These packages also rest assure the customers that the quality of the services as well as that of the Internet would be as fast and as easily accessible as ever.


Getting the best of the Business Broadband Deals is not that difficult a proposition. No matter what the size of the company might be, there are Broadband package to be every business and every budget.


This would mean that the company is not left in the dark, if and when the Internet connection snaps off. As most levels of business packages offer some level of extra support, the businesses would not have to be left in the lurch without any adequate backup support, never mind if it only is a dialup support.


This ensures that the companies go in for a good as well as an economic service provider, that saves both the time as well as the money of the business owner in terms of ANY lost files and information being both saved as well as retrieved, as when Necessary. Since hackers generally target business computers rather than home computers, it would auger well for business homes to keep their internet connection secure with the basic security. And most Business Broadband packages come with the extended facility where, the customers could get to choose the levels of security that would best suit their company at all levels.


This is one other aspect that business owners need to worry about and not the home owners per se, as the businesses would have to use various connections like the FTP and the Web Servers from their existing servers. Normally, it is pretty simple to organize and set up these types of ports that come with these extended services. But to do this, the customer has to ensure that the business has a static IP address which would mean a single address to any business that does NOT change and one that is constant, unlike a home based Broadband.


This feature as well as factor is incredibly important as this would play a cruel role in helping new establishments and companies save up on HUGE revenues when they desire to set up their business ventures. A better way to get the best broadband deal, would be through comparing the prices of other service providers, their price, the quality of their service, the customer support offered. Neverheless, what has to be reckoned with is that not all Business Broadband packages come with similar affordable rates and services.


We are in the time and age of a communication revolution and communication influx. Businesses have over the recent past, completely metamorphosed the manner in which they operate and function. Technology has incredibly transformed the very fabric of business functionalities. The need of the hour is for businesses to be more technologically savvy and adapt to the changing technological environments, so that their businesses become more lucrative for their clients and their employees in turn get to become more productive and efficient. The future is all about choosing the best of Business Broadband Deals that enable organizations to accelerate the momentum of their businesses and gain better profits.

The ClickBank E-Commerce Solution can offer you multiple solutions for
Your e-commerce business. Here are some of the
Advantages of using ClickBank.

1. Accept Credit Cards Without a Merchant Account

If your product is downloadable (such as electronic
Books or software), ClickBank may be an excellent
Solution for you. For a $ 49.95 initial fee, you can
Process credit cards and on-line checks for $ 1.00
Per transaction plus 7.5% of sales.

2. Start Your Own Affiliate Program

With ClickBank, you have your own built-in affiliate
Program. You decide what commission (from 1% to 75%)
You would like to pay your affiliates.

To learn more about, visit

3. Receive Free Advertising

You receive additional exposure through free listing
On the ClickBank website and through the search
Facilities of other websites, such as

To learn more about, visit

4. Obtain Referral Commissions

Even without applying for ClickBank credit card
Processing, you can earn referral agreements on
Thousands of ClickBank Marketplace products.

To learn more about ClickBank Marketplace, visit

5. Eliminate Sales Tax Problems

Are you registered for Value Added Tax (VAT) for
Online transactions for European Union (EU)
Countries since July 1, 2003?

Are you collecting the appropriate state or
Provincial sales taxes?

If you are a Canadian, are you aware of your
Obligation to collect Goods and Services Tax (GST)
And Harmonized Sales Tax (HST) on Internet

Again, ClickBank may be your solution. ClickBank
Is registered for EU purposes and adds the
Appropriate VAT to each transaction.

As well, to deal with ClickBank, you must agree to
Sell ​​your product to them. ClickBank then resells
Your product to their customers. Thus, ClickBank
Becomes the retailer responsible for collecting
Sales taxes – not you. Obviously, ClickBank will
Not be subject to sales taxes in most jurisdictions.

Since ClickBank is located in the United States and
Can only sell or use the products it sells from
There, it would appear that Canadian GST and
HST would not be applicable to them.

Of course, this is not legal advice. To determine
Your liability for sales and similar taxes, consult
Your lawyer and accountant.

To read more about sales taxes on Internet
Transactions, visit

Considering its many advantages, ClickBank may well
Be your e-commerce solution!

An Introduction To Teacher Education

A teacher's job is a highly respected and specialized field, be it teaching kindergarten, grade school, high school, college, or post-graduate courses. Teachers are necessary in all fields of education, and in order to be teachers themselves, they need to be educated by experts in their desired fields.

Teacher education is a diverse field, covering numerous subjects and various methods of teaching. Teaching in any field is demanding and is a challenging task. Beyond regular education, some people choose to follow specialized paths, such as early childhood education or special education. These teachers need extra educational background in order to be certified to deal with their specific students. These teachers need to have intense patience and be friendly with toddlers. Innovative play way methods need to be adopted to ensure continuing interest among children.

Another specialized educational field is Montessori teaching. This style of teaching appears to be simple, but in reality, it is highly demanding. As this is a specific style of teaching, aimed at gifted or advanced students, with a degree of flexibility and customization not found in traditional curriculums, teachers will need to learn the best ways to work within the Montessori structure, and apply their educational background to This style of teaching.

Elementary or primary school is the backbone for all people's education. Thus, these teachers have to be able to convey basic principles, such as reading, spelling, writing and math, as well as cover basic science, social studies, and sometimes foreign language courses. Of course, all of this has to be taught in an age-appropriate fashion. Elementary teacher education focuses on methods that work best for young students.

High school teachers face challenges elementary school teachers usually do not. Because they teach teenagers who are dealing with the issues of adolescence and can often "act out," teachers need to learn how to engage and motivate this difficult age group. Subjects are taught in greater depth in high school, as well, so the teacher will need more specific knowledge. They also sometimes have to be ready to compensate for any gaps in elementary education, particularly deprivations in the basics – reading, writing and math.

Ultimately, the goal of teacher education is to provide future teachers – or teachers looking to further develop their teaching ability – with the skills that they need to convey essential information to their students. The training they will require depends on many factors, including the age group, subjects, and type of school that they will be teaching in.