Skip to main content
The Real Estate Brokers Act

R.S.M. 1987, c. R20

The Real Estate Brokers Act

Table of Contents

1 Definitions.
PART I
REGISTRATION
2 Registration.
3 Application.
(2) Address for service.
(3) Further information.
(4) Registration of company or partnership.
(5) Qualifications of authorized officials.
(6) Authorized officials required.
4 Bond for broker.
(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 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 Issuing certificate of registration.
(2) Refusal of registration for certain reasons.
(3) Refusal of registration.
(4) Notice of refusal.
(5) Inspection of register.
9 Appeal from and reference by registrar.
10 Applicant may re-apply.
11 Suspension and cancellation.
(2) Automatic suspension of salesman's registration.
(3) Recording of suspension.
(4) Effect of suspension on registration.
12 Renewal of registration.
(2) Change in registration.
(3) Reason for termination of appointment of authorized official.
13 Effect of termination of employment on salesman's registration.
(2) Notification of termination to registrar.
14 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 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 Expiry of registration.
(2) Extension of registration.
18 Fees.
PART II
REGULATION OF
BROKERS AND SALESMEN
19 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 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 Contents of offer to purchase.
(2) Accepted offer to show commission payable.
23 Non-compliance to invalidate offer and acceptance.
24 Employment of unregistered salesman prohibited.
(2) Where subsec. (1) not applicable.
25 Moneys to be turned over to broker.
26 Trust money and trust accounts.
(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.
27 Broker to hold deposits as trustee and not as agent.
(2) Exception.
(3) Interest on trust money.
28 Records to be kept by broker for five years.
(2) Books and records to be open for examination by the registrar.
29 Inducement by broker etc., prohibited.
(2) Failure to comply with subsec. (1) not to affect other rights.
30 No commission where another broker holds exclusive listing.
(2) Inducement of breach of contract prohibited.
31 Listing agreements.
(2) Invalidity.
32 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 Costs of an investigation.
(2) Recovery of costs.
35 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 Forfeiture of bond.
(2) Forfeiture upon bankruptcy or winding-up proceedings.
(3) Assignment of bond or payment of moneys to creditors.
PART IV
OFFENCES AND PENALTIES
40 Registration.
(2) Additional penalty.
41 Exemptions.
(2) Exemption for solicitors.
(3) Exemption for mineral interest brokers.
(4) Conflicts with The Securities Act.
42 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 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 "Holding out" as being registered.
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 Prospectus required for subdivision outside Manitoba.
(2) Certain representations prohibited.
(3) Right of rescission.
(4) Other rights preserved.
52 Prospectus to be delivered.
(2) Acknowledgment to be retained.
(3) When purchaser entitled to rescission.
(4) Onus of proof.
(5) Other rights preserved.
53 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 Inquiries, etc.
(2) Costs.
56 Powers of registrar.
57 Time for appeal by non-residents.
58 Change in circumstances.
(2) New prospectus annually.
(3) Failure to file new prospectus.
(4) Application of sections 50 to 56.
59 Stop orders.
(2) Temporary order.
(3) No appeal from temporary order.
60 Approval of advertisements.
(2) Changes of circumstances.
61 Exemption of certain trading.
62 Power of commission to exempt.