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 ( http://www.recbc.ca/ ), 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.

Fix Error 193 0xc1 in Windows 7, Vista and XP

While installing or repairing “On Demand” features in Microsoft Office suite, error 193 0xc1 may occur in Windows 7, Vista and Windows XP. It may also occur while installing Microsoft.NET Framework or starting related services on your computer. In this article you will find steps which are helpful to fix this problem at ease.

First of all, let us understand the actual causes behind error 193 0xc1 in Windows 7, Vista and XP. The factors responsible for this error are as under:

1. Corrupted Ose.exe File

2. Wrong registry settings

3. Corruption in program files

4. Lack of Free Disk Space

5. Problems with Computer Services

Corrupted Ose.exe File

Error 193 0xc1 may appear if the file ‘ose.exe’ is not present in the installation directory or it has become corrupted. Replacing this file may solve the problem.

1. Insert Microsoft Office installation disc.

2. Open My Computer, open CD/ DVD Drive location.

3. Double click to open the following directory:

FilesSetup

4. Select the file Ose.exe and click Edit | Copy.

5. Click Back and open the following directory:

C:Program FilesCommon FilesMicrosoft SharedSource Engine

6. Click Edit | Paste.

Wrong Settings of Registry

Microsoft Office stores installation related configurations in your system’s registry. If some of these registry settings are corrupted, it may result in error 193 0xc1 in Windows 7, Vista and XP.

1. Download a Registry Cleaner software.

2. Install and run the downloaded program on your computer.

Corruption in Program Files

For running the instances of Microsoft Office suite, the installation files must be unmodified. Corrupted installation files often lead to Windows error 193 0xc1.

1. Click Start| Control Panel.

2. Click Programs | Uninstall a Program.

3. Select Microsoft Office from the list of installed programs and click Uninstall button.

4. Select Repair the installation, click Next button.

5. Follow the on screen instructions.

Lack of Free Disk Space

Lack of free disk space for performing Microsoft Office setup operations can result in error 193 0xc1. Using System Cleaner application, clean the disk space to solve your problem. Otherwise use the Disk CleanUp tool by doing the steps provided below:

1. Click Start | All Programs | Accessories | System Tools | Disk CleanUp.

2. Select the system drive and press OK.

3. Follow the instructions on your screen.

Problems with Services

You also need to fix computer services to get rid of the error in question. The steps required are as under:

1. Click Start, type Services.msc and press ENTER.

2. Right click and select Properties for the following two services:

AudioEndpointBuilder, Multimedia Class Scheduler

3. Under General tab, note down the Path to Executable.

4. Click OK when done.

5. Now, click Start, type RegEdit and press ENTER.

6. Locate the following registry location:

HKEY_LOCAL_MACHINESYSTEMCurrentControlSetServices

7. First, click MMCSS key and double click the ImagePath string. Replace the value with the Path to Executable that you just noted down in the Step 3.

8. Do the same for AudioEndPointBuilder. Click it, double click the ImagePath string and replace the value with the Path to Executable you have noted down.

9. Close Registry Editor.

Maintain A Healthy Lifestyle

Our modern, urbanized lifestyle relegates most of us to a sedentary lifestyle. Sitting or working behind the computer is commonplace. While it is almost impossible to give up our jobs, there are ways in which we can incorporated exercise into our hectic schedules. If you live in an apartment, make the effort to walk your way up to your residence. If you take public transport to work, try flying from the train or bus one stop earlier and walking the rest of the way. Take time off to exercise at least twice a week, 30 minutes each time. Vigorous exercise engages the cardiovascular muscles and improves blood circulation, reducing the risk of high blood pressure.

Maintain A Healthy Diet

Our food intake today includes some form of processed food. Increased affluence has led to demand for better lifestyle and with it, food that looks appealing and tastes good. While it will be impossible to eradicate processed food altogether in your diet, try replacing some of it with fresh food. Replace sausages and bacon with fresh meat. Use natural seasoning like species and herbs instead of pre-packaged condiments. If you need to snack, choose apple slices or cupped corn over potato chips. When eating out, ask for reduced salt or go salt-free. Cutting down on salt goes a long way towards giving yourself a healthy body.

Reduce Stress

We live in a competitive world. The pressure to perform both in the workplace and at home brings stress to us at a level never witnessed before. If you feel that you are burning out, drop your work and go for a walk. Take a stroll through the park or sit quietly by the beach. Breathe some fresh air. Find a moment of solitude and let your mind enjoy some peace, even for a short 30 minutes. Better still, set aside at least an hour every week to spend some quiet moments by yourself. Do not wait till the stress starts to build up. Prevention is better than cure.

Avoid Excessive Alcohol

Research has shown that excessive alcohol consumption has the effect of increasing your blood pressure level. In addition, alcohol contains calories, which leads to weight gain, one of the factors leading to high blood pressure. If you are a heavy drinker, aim to reduce your intake gradually over time. If you must drink at social functions, limit yourself to just one or two drinks. Having less alcohol cleanses your system and puts your body on a path towards normalcy.

Quit Smoking

Smoking is one of the foremost contributors towards the increase of blood pressure. Smoking increases your blood pressure temporarily but instantly. Frequent smoking increases the frequency of increased blood pressure and the long-term effects of such temporary blood pressure increases can not be ignored. Aim to quit smoking over time. Reduce your number of cigarettes gradually till you have quit altogether. There is another benefit to be enjoyed: The gradual absence of nicotine also reduces your chances of getting narrow arteries and hardened artery walls, two major factors leading to blood clot, which in turn causes heart attack or stroke.

Summary

In summary, exercise, eat healthily and remove stress from your life. Also aim to reduce your alcohol intake and quit smoking. A few simple changes in lifestyle not only greatly reduces your chances of getting high blood pressure but also makes you more fit and feel good!

Characteristics of Leisure

In "Motivational Foundations of Leisure" by Seppo E. Iso-Ahola and "Pathways to Meaning-Making Through Leisure-Like Pursuits in Global Contexts" by Yoshitaka Iwasaki, both authors are grappling with distinguishing leisure from other aspects of human life. To this end, they are trying to describe the basic characteristics that identify something as leisure as opposed to something not being leisure. However, the big problem for both of them is the elusive definition of "what is leisure," since it is difficult to describe its characteristics if it hard to distinguish leisure from what is not leisure. This problem is made even more difficult in modern society, in that there is something of a continuum between leisure and non-leisure, with many activities seeming like a mix of the two.

For example, a part-time entrepreneur who sets up a party-plan business is engaging in an economic activity, but it is also fun for her (usually the entrepreneur is a woman), and she might see organizing sales parties as a side venture To something she considers work. So maybe this business starts out as a leisure activity, but as she makes more and more money, she may spend more and more time putting on parties to build a serious business. Thus, at some point, holding these fun parties may cease to be a leisure activity – but exactly when this occurs can be hard to tell.

This same problem of distinguishing leisure and not-leisure confronts both Iso-Ahola and Iwasaki in trying to discuss the characteristics of leisure, in that many of these characteristics are use to describe leisure can be true of non-leisure activities, commonly considered work. Iwasaki tries to get around this problem by calling things that he characterizes as aspects of leisure as "leisure-like" activities, and by the same token, one might character what people normally call work as "work-like" activities, but this is Really more of a semantic sleight of hand. Calling something "leisure-like" – or "work-like" for that matter – purely provides a nomenclature that is fuzzier to identify a part of human life that is hard to define. In other words, using a fuzzy term to define what is considered an elusive hard-to-define quality simply points up the fuzziness, but it does not help to clarify the basic characteristics of what is leisure as compared to other aspects of human life.

For example, in the "Motivational Foundations of Leisure", Iso-Ahola seeks to find an explanation for what is leisure in the "basic innate (psychological) needs that are the main energizers of human growth and potential." From his perspective, this need which everyone is born with both defines what people consider leisure and direct them to be involved under various conditions to satisfy those needs. Given this driving need for leisure, then, Iso-Ahola suggests that having a sense of freedom or autonomy is "the central defining characteristic of leisure". However, he distinguishes this feeling of freedom from the everyday characterization of leisure as "free time", which people use for describing the time when they are not working, since only some of this time time may truly be free from any obligations so someone can Do exactly what they want to do.

For instance, if someone performs chores during this time period, this time would not be really free, although Iso-Ahola suggests that the more a person thinks of his work as an obligation, the more free that person would feel when he is engaged In nonwork activities, and there before that activity might really be considered leisure.

From this perspective, then, if a person truly enjoys their work and participates in a variety of activities that contribute to success at work, though these activities might otherwise be considered leisure for someone who engages in these activities for reasons that have nothing to do with Their job, these activities may no longer be considered leisure. An example of this is the salesman or CEO for a company that plays golf with other potential customers. On the one hand, golf is normally regarded as a leisure-time recreational activity. But it has become part of the salesman's or CEO's work, even though the salesman or CEO may freely choose to play golf or not, or engage in an alternate form of entertainment with prospective clients, such as taking them to a show or ballgame. If that person plays golf, goes to a show, or is a spectator at a ball game with members of his family and no work buddies are present, that might be more properly characterized as leisure. But in many cases, the salesman / CEO may take the family along on a golfing, show, or ballgame excursion with his work buddies, thenby muddying the conception of leisure. Under the circumstances, using a continuum from non-leisure to leisure activities may be a good way to characterize different types of leisure, rather than trying to make a distinction between what is leisure and what is not-leisure.

In any event, building on this notice that freedom is a basic characteristic of leisure, Iso-Ahola suggests that leisure activity is characterized by behavior that is self-determined, or which may start off as determined, but can become self-determined by the Process of "internalization" Therefore, to the extent that people perform everyday activities because they want to do so, they make them leisure-like. An example might be if I hate gardening (which I really do), but I start doing it because I can not afford to hire a gardener, and ever I start to feel joy in it, which would turn it into a leisure activity. (But since I can hire a gardener, I have no compelling reason to do this, so for now this is definitely not a leisure-time activity for me).

Then, too, according to Iso-Ahola, leisure might be characterized by escaping, which can contribute to internalizing an activity, which makes it even more a form of leisure.

Iso-Ahola brings together all of these ideas into a pyramid in which the greater one's intrinsic motivation and sense of self-determination, the more one is engaging in true leisure outside of the work context. On the bottom is obligatory nonwork activity participation, such as chores one has to perform in the house. On the next level above this, he diagnoses free-time activity participation in TV and exercise, which he feels are usually not true leisure, since people are not really autonomous in participating in either activity. He claims people lack autonomy in watching TV, because they do not really want to do this and it does not make them feel good about themselves (though this opinion of TV is questionable), and in the case of exercise, he claims that They feel they should do this because it's good for them, rather than because they want to. Finally, at the top of the pyramid is full leisure participation, where one feet complete autonomy and freedom, so one gains intrinsic rewards, a feeling of flow, and social interaction with others.

Finally, to briefly cite Iwasaki's approach to characterizing leisure, he seeks to describe leisure as a way of generating certain types of meanings, although the particular meanings may differ for people experiencing different life experiences or coming from different cultures. In Iwasaki's view, citing the World Leisure Association's description of leisure, meaningful leisure provides "opportunities for self-actualization and further contribution to the quality of community life." As such, leisure includes self-determined behavior, showing competence, engaging in social relationships, having an opportunity for self-reflection and self-affirmation, developing one's identity, and overcoming negative experiences in one's life. Iwasaki also goes on to describe the five key factors which are aspects of leisure (which he prefers to call "leisure-like" pursuits: 1) positive emotions and well-being, 2) positive identities, self-esteem, and spirituality; 3) social and cultural connections and harmony, 4) human strengths and resilience, and 5) learning and human development across the lifespan.