Bill 14 — Second Session, 18Th Legislature, 25 Elizabeth Ii the Legislative Assembly of Alberta Bill 14 the Real Estate Agents 1 Ucensing Amen'Oment Act, 1916 (Legislature 18, Session 2)

L18 S2 5586

Alberta — Bills

1976 Bill 14 Second Session, 18th Legislature, 25 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 14 THE REAL ESTATE AGENTS 1 UCENSING AMEN'OMENT ACT, 1916 HON. MR. MCCRAE First Reading .............................. . Second Reading ............................ . Third Reading Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 14 BILL 14 1976 THE REAL ESTATE AGENTS' UCE'NSING AMEN'DMEN'T ACT, 1976 ( Assented to ,1976) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alber.ta, enacts as follows: 1. The Real Estate Agents' Licensing Act is hereby amended.

Section 9 is amended (

a) by striking out subsection (1) and by substituting the following: 9.

(1) A person (

a) who has been refused a li'cence under

section 8, or (

b) whose licence has been cancelled or sus pended under

section 8, may appeal the refusal, cancellation or suspension, as the case may be, to an appeal board. (

b) as to subsection (2), by adding after the words "with the notification that" the words "he was re fused a licence or that", and (

c) as to subsection (5), by adding after the words "of the Superintendent," the words "order that the licence be issued,".

Section 23.1 is amended (

a) as to subsection (3), by striking out the words "of the amount that may be payable to the vendor" and by substituting therefor the words "of the total amount that may be payable", and (

b) as to subsection (4), clause (

a) by adding after the words "to the vendor" the words "or to such other person as that vendor directs".

Explanatol'Y Notes I. This Bill will amend

chapter 311 of the Revised Statutes of Alberta 1970.

Section 9, subsections (1), (2) and (5) presently read: 9.

(1) A person whose licence has been cancelled or suspended under

section 8 may appeal the canceHation or suspension to an appeal board.

(2) A person who wishes to appeal the decision of the Superintendent under this

section shall, within 30 days of the date that person was served with the notifi~ation that his licence was cancelled Or suspended, serve the Minister with a notice of appeal. (5) l!~on hearing an ~ppeal under this section, the appeal board may confirm the decIslOn of the Supermtendent, remove or vary the suspension or reinstate the cancelled l~cence.

Section 23.1, subsections (3) and (4) presently read:

(3) Where a guaranteed sale agreement is entered into by a licensed agent or other person on behalf of or to the benefit of a licensed agent, that agent shall deposit into the trust account maintained under subsection (2) not less than 5 per cent of the amount that may be payable to the vendor under the guaranteed sale agreement.

(4) Where money is deposited under subsection (3), it shall be held in trust for the vendor and shall be (

a) paid to the vendor as part of the total amount payable under the guar anteed sale agreement, or (

b) forfeited to the vendor where he is not paid in accordance with the guar anteed sale agreement, or (

c) returned to the agent where, pursuant to the terms of the guaranteed sale agreement, there is no longer any money payable to the vendor under that guaranteed sale agreement.

Section 26, subsection (1), clause (

b) is amended by striking out the words ", as the case may be". 5. The. following

section is added after

section 32: 32.1

(1) Where an agreement to list real estate with an agent for the purpose of a trade is in writing, a true copy of that agreement shall be delivered by that agent as soon as practicable to the owner of that real estate or to the person entering into that agreement on behalf of that owner.

(2) An agreement under subsection (1) is void if it (

a) provides for more than one date upon which it ex pires, or (

b) does not specify a date on which it expires, or (

c) does not provide for the amount of or the rate of commission payable in respect of the trade, or (

d) does not provide for the terms or conditions upon which the commission is payable in respect of the trade. 6. This Act comes into force on the day upon which it is assented to. 2

Section 26, subsection (1) presently reads: 26.

(1) When advertising to purchase, sell, exchange, or lease any real estate whatsoever a licensed person shall clearly indicate (

a) that he is the party advertising, and (

b) that he is a licensed person, as the case may be. 5. Agreements to list real estate. 2 Title: 1976 (18th, 2nd) Bill 14, The Real Estate Agents' Licensing Amendment Act, 1976

Document details

Collection	Alberta — Bills
Citation	L18 S2 5586
Type	bill
Volume / chapter	L18 S2 5586
Language	en
Format	json
Source	PROVINCIAL
Identifier	5f5118f0dfb110130558ce603a7d6b3b9e269204

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