C.C.S.M. c. R20
The Real Estate Brokers Act
1 | Definitions |
PART I | |
REGISTRATION | |
2 | Registration |
3(1) | Application |
(2) | Address for service |
(3) | Further information |
(4) | Trades and transactions by authorized official and others on behalf of broker |
(5) | Qualifications of authorized officials |
(6) | Authorized officials required |
(7) | Branch office to be registered |
(8) | Registration of branch office |
(9) | Authorized official in charge of one office only |
(10) | Broker to designate Manitoba representative |
4(1) | Broker registration requirements |
(2) | Additional bonding requirements |
(3) | Change of partnership |
(4) | Cancellation of broker's bond |
(5) | Registrar may refuse renewal |
(6) | Collateral guarantee to be disclosed by bonding company |
(7) | Non-application of subsection (1) |
5 | Application of The Business Names Registration Act |
6 | Application for change of registration |
7(1) | Written examinations |
(2) | Different examination |
(3) | Examination where applicant is partnership or company |
(4) | Discretion of commission as to examination |
(5) | Conduct of examinations |
(6) | Filing of examination |
(7) | Course of instruction |
(8) | Experience requirement |
(9) | Refusal of registration |
8(1) | Issuing certificate of registration |
(2) | Refusal of registration for certain reasons |
(3) | Refusal of registration |
(4) | Notice of refusal |
(5) | Inspection of register |
9 | Review by commission |
10 | Applicant may re-apply |
11(1) | Suspension and cancellation |
(2) | Automatic suspension of salesman's registration |
(3) | Recording of suspension |
(4) | Effect of suspension on registration |
12(1) | Renewal of registration |
(2) | Change in registration |
(3) | Reason for termination of appointment of authorized official |
13(1) | Effect of termination of employment on salesman's registration |
(2) | Notification of termination to registrar |
14(1) | Transfer of salesman to new employer |
(2) | Refusal of approval by registrar |
(3) | Reasons for termination of former employment may be required |
(4) | Former employer not excused from giving notice |
15(1) | Dealing by officials and salesmen prohibited |
(2) | Dealing defined |
(3) | Permitted trading by officials and salesmen |
(4) | Prohibition of other trading by officials and salesmen |
(5) | Report to employer |
(6) | Officials and salesmen to be paid by employer only |
16 | Conditional registration |
17(1) | Expiry of registration |
(2) | Extension of registration |
18 | |
PART II | |
REGULATION OF BROKERS AND SALESMEN | |
19(1) | Definition |
(2) | Purchase by broker, etc., of property listed |
(3) | Purchase by selling broker, etc., on co-operative listing |
(4) | Disclosure required |
(5) | Commission not payable may be recovered |
(6) | Consequences of non-disclosure |
(7) | Broker not to submit contravening offer |
(8) | "Sale" to include "lease" |
(9) | Disclosure of interest by broker, etc., on sale |
(10) | Consequences of non-disclosure |
(11) | Exceptions |
(12) | Indemnity on rescission |
(13) | Disclosure by all registrants when purchasing |
20 | Exclusive listing to be in duplicate, etc. |
21(1) | Offer to purchase to be in writing |
(2) | Acceptance of offer to purchase to be in writing |
(3) | Use of printed form |
(4) | Exception |
22(1) | Contents of offer to purchase |
(2) | Accepted offer to show commission payable |
23 | Non-compliance to invalidate offer and acceptance |
24(1) | Employment of unregistered salesman prohibited |
(2) | Where subsec. (1) not applicable |
25 | Moneys to be turned over to broker |
26(1) | Trust money and trust accounts |
(1.1) | Interest on trust money |
(1.2) | Broker as trustee to remit to commission |
(1.3) | Broker need not account |
(1.4) | Exemption |
(1.5) | Broker as trustee |
(1.6) | Standard of Care |
(1.7) | Use of interest |
(1.8) | Consolidated Revenue Fund |
(1.9) | Existing programs |
(2) | Inspection of books, etc |
(3) | Access to books, etc. |
(4) | Refusal to produce books, etc. |
(5) | Definition of "bank" |
(6) | Freezing of trust account if broker loses registration |
(7) | Effect of freezing |
(8) | Revocation of freezing |
(9) | Payment of trust money to commission |
(10) | Commission may require particulars |
(11) | Commission may order bank to pay over trust money |
(12) | Commission to hold money in account |
(13) | Annual payment to Consolidated Fund |
(14) | Refund of trust money |
27(1) | Broker to hold deposits as trustee and not as agent |
(2) | Exception |
(3) | |
28(1) | Records to be kept by broker for five years |
(2) | Books and records to be open for examination by the registrar |
29(1) | Inducement by broker etc., prohibited |
(2) | Failure to comply with subsec. (1) not to affect other rights |
30(1) | No commission where another broker holds exclusive listing |
(2) | Inducement of breach of contract prohibited |
31(1) | Listing agreements |
(2) | Invalidity |
32(1) | Amount of commission |
(2) | No commission payable on difference between list and actual sale price |
PART III | |
INVESTIGATION AND ACTION | |
33 | Power to investigate |
34(1) | Costs of an investigation |
(2) | Recovery of costs |
35(1) | Freezing of funds |
(2) | Application for directions |
(3) | Filing of certificate in L.T.O. |
(4) | Effect of certificate |
(5) | Setting aside direction or certificate |
36 | Failure to give information, etc. |
37 | Acting upon finding fraud |
38 | Evidence |
39(1) | Forfeiture of bond |
(2) | Forfeiture upon bankruptcy or winding-up proceedings |
(3) | Assignment of bond or payment of moneys to creditors |
39.1(1) | Establishment of Reimbursement Fund |
(2) | Payment out of fund - fraud or conviction |
(3) | Payment out of fund - bankruptcy |
(4) | Association is subrogated |
PART IV | |
OFFENCES AND PENALTIES | |
40(1) | Registration |
(2) | Additional penalty |
41(1) | Exemptions |
(2) | Exemption for solicitors |
(3) | Exemption for mineral interest brokers |
(4) | Conflicts with The Securities Act |
42(1) | False statements made to commission, etc. |
(2) | False statement defined |
(3) | General offences |
(4) | Offences by corporations |
(5) | Penalties |
(6) | Application of subsection (5) |
(7) | Violation of The Mortgage Dealers Act |
PART V | |
GENERAL PROVISIONS | |
43 | No action, etc., against persons administering Act |
44(1) | Advertising real estate by unregistered person prohibited |
(2) | Disclosure by broker |
(3) | Disclosure by authorized official |
(4) | Disclosure by salesman |
(5) | Salesman not to be described as broker |
45 | Registration not to be advertised |
46 | Complaint within two years |
47 | Exemptions by commission |
48 | Costs |
49 | Regulations |
PART VI | |
REGULATION OF TRADING IN SUBDIVISION LOTS LOCATED OUTSIDE MANITOBA | |
50 | Definitions |
51(1) | Prospectus required for subdivision outside Manitoba |
(2) | Certain representations prohibited |
(3) | Right of rescission |
(4) | Other rights preserved |
52(1) | Prospectus to be delivered |
(2) | Acknowledgment to be retained |
(3) | When purchaser entitled to rescission |
(4) | Onus of proof |
(5) | Other rights preserved |
53(1) | Disclosure required in prospectus |
(2) | By whom prospectus to be filed |
(3) | Material in support of prospectus |
(4) | Further requirements |
(5) | Non-resident owner |
54 | Conditions precedent to grant of certificate |
55(1) | Inquiries, etc. |
(2) | Costs |
56 | Powers of registrar |
57 | Time for appeal by non-residents |
58(1) | Change in circumstances |
(2) | New prospectus annually |
(3) | Failure to file new prospectus |
(4) | Application of sections 50 to 56 |
59(1) | Stop orders |
(2) | Temporary order |
(3) | No appeal from temporary order |
60(1) | Approval of advertisements |
(2) | Changes of circumstances |
61 | Exemption of certain trading |
62 | Power of commission to exempt |