RECBC – Mere Postings and the Real Estate Services Act
October 17, 2012 Leave a comment
RECBC – Real Estate Council of British Columbia
The February 2011 Report from Council contained an article which addressed the Consent Agreement between the Competition Bureau and the Canadian Real Estate Association (CREA), including how the Council Rules relate to that agreement. The 2011 article focused on the requirements of the Council Rules for BC licensees who are providing ‘mere posting’ services. Highlighted was the importance of licensees ensuring that consumers understand.
- the nature of the representation, if any, that the licensee is providing,
- the scope of services that will be provided, and
- any other relevant terms or conditions related to the service.
The article also advised that the Office of the Superintendent of Real Estate (the ‘Superintendent’), which has jurisdiction over questions related to unlicensed activity, was reviewing the issue of people who are not licensed in British Columbia, but who are licensed in another jurisdiction, providing ‘mere posting’ services related to real estate located in British Columbia.
For certainty, the Competition Bureau/CREA Consent Agreement defines a ‘mere posting’ as “a listing on a Member board’s MLS® System in respect of which the Member has chosen or agreed not to provide services to the Seller other than submitting the listing for posting on a Member Board’s MLS® System.”
There is an exemption in section 2.10 of the Regulations under RESA for “A person who is providing trading services only by providing information (including)… the publication of information contained in an advertisement of specific real estate”.
The Superintendent has advised that in order to determine whether this exemption applies, or whether licensing in BC is required, it is important that it is clear whether a listing is a ‘mere posting’ or whether other real estate services are being offered or provided. This is important because the provision of other real estate services in addition to a ‘mere posting’ service would require licensing in BC. This determination would need to be made on a case by case basis; typically this would include a review of the service agreement as well as any evidence of actual services being provided.
Questions regarding unlicensed activity should be directed to the Office of the Superintendent at 604-660-3450. Licensees with questions regarding the Competition Bureau/CREA Consent Agreement should direct those questions to their local real estate board. Questions regarding the Council Rules should be directed to the Council office at 604-683-9664, toll-free 1-877-683-9664, or email firstname.lastname@example.org.