Friday, January 13, 2012

Brian Madigan LL.B. ~ Continuing Education Real Estate Courses

Brian Madigan ~ Real Estate Courses
All the courses are 3 credit hours of Continuing Education.
Here is an updated outline in respect to each of the programs currently offered:
1)     Disclosure Laws and the Use of the Seller Property Information Statement
This program deals with the evolving law that applies to sellers and their obligations, the role of the agent and the increased obligations placed upon the agent under REBBA 2002.
Participants will understand how the law of torts and misrepresentation apply in the context of a contractual agreement
Emphasis is placed upon the legal liability of the agent and the reasonable steps that an agent can take to protect themselves from liability. A checklist for practice management is included to lessen the risks for the agent. Following the checklist provides documented evidence of meeting professional standards.
The law of disclosure is also viewed from the perspective of the buyer’s agent. Reference is made to the SPIS document currently in use, and about 30 leading Canadian cases on the law, including the most recent decision of the Ontario Court of Appeal.
Material 98 pages
Addendum 10 pages
PowerPoint 76 slides
2)     Agreement of Purchase and Sale : A Detailed Analysis
This program deals with the standard form agreement on a clause by clause, line by line and word by word basis.
This is the most important document that the agent uses, and consequently, every agent needs to know just exactly what the document means and intends. The practitioner must recognize the significance of changes and alterations to the standard form agreement. The agent needs to know what changes may be required to protect their clients’ best interests.
Each of the paragraphs are reviewed and explained in detail. The course material offers ease of reference to issues in the future.
Matters dealing with the proper witnessing and authentication of documents are covered.  The issue of the execution of the spousal consent is considered together with the increased obligations of the agent.
The contract is considered in the context of the law dealing with misrepresentations both in contract and tort law. The remedies available outside of contract and the imposition of liability upon the real estate practitioner are reviewed.
Emphasis is placed upon good practice management and the avoidance of liability.
Material 142 pages
PowerPoint 69 slides
3)     Competition Consent Agreement: Review and Opportunities
This program deals with the implications of the Consent Agreement (Competition Bureau and CREA), the agency conflict which led to the resolution, the law of agency as it applies to competition issues, RECO’s regulatory role, CREA’s guidance , the role and status of the consumer as a Client, Customer, or Contracting Party.
The program also covers statutory, regulatory and common law duties of registrants, the role of lawyers, special obligations owed to sellers and new opportunities that arise in the marketplace for practitioners. The emphasis in the program is placed upon “mere postings” and the relationship of the buyer’s representative to the owner and the mere poster.
Material 82 pages
PowerPoint 52 slides
4)      Law of Attachment: Chattels and Fixtures
This program is designed to ensure that the participants learn to distinguish between chattels and fixtures, and the legal principles that change a chattel into a fixture. The focus is real property law rather than the agreement of purchase and sale, which is largely irrelevant
The distinction is one of importance to municipal taxation and assessment, other taxing authorities, PPSA registrations, construction liens, and priorities in bankruptcy. The law has evolved over a period of centuries. Practitioners need to ensure that their clients are protected and not placed at risk.
Agents must know the steps in the “attachment” process, which has nothing to do with “nails, screws and glue”. The program will cover objective intention, sets, business assets, trade fixtures, and necessity. Agents will learn to avoid the risk of costly mistakes.
Material 78 pages
PowerPoint 60 slides
5)     Surveys, Boundaries and Adverse Possession
This program is essentially three separate programs all dealing with a similar theme.
Surveys: Participants will learn what is and what is not a survey, the four elements of a survey, survey types, and the steps in the survey process. Emphasis will be placed upon the ownership of property (the extent of title, distinguished from the chain of title), and limiting the agent’s liability through the use of a survey.
Boundaries:  The program will outline the boundaries to land: horizontal, vertical (up, down and sideways), air rights and airspace issues in the vertical plane, subsurface issues, mines, minerals and support, attachments by law (when chattels become fixtures), natural boundaries, water and watercourses, riparian rights, accretions, recessions, moveable boundaries, and water lots.
Adverse Possession: The program will focus upon the common law rules for unregistered rights of ownership, the nature of the required evidence to support both ownership and limiting rights, easements, and prescriptive rights of way. In addition, the history of title fraud and the response of the Torrens system, the application of the Registry Act and Land Titles Act will be reviewed. All topics will emphasize the limitation of the agent’s legal liability through proper disclosure and the adoption of professional standards.
Material  58 pages
PowerPoint 27 slides
6)     Family Law, Estate and Succession Planning
This program is divided into three topics.
Family Law: Marriage, divorce and the family, the two definitions of “spouse”, the division of assets and the support obligations upon marriage breakdown are explained. The Matrimonial Home and the special considerations which apply are emphasized. The common law, its definition and historical origins, common law marriages, co-habitation agreements, advising the unmarried couple, and resolving disputes are considered in the context of limiting the agent’s liability for risks.
Estate Planning: The program examines testate and intestate succession, the use of trusts for specific purposes, inter vivos property transfers, and the elimination of avoidable risks. The role and usage of Joint Tenancy is considered particularly the issues, risks and problems arising from recent case law.  Designated beneficiaries issues and problems, as well as the role of life insurance in an effective estate plan are reviewed.
Succession Planning: The program will review the choice of the Executor (Estate Trustee), and support professionals, Powers of Attorney, conflicts of interest, taxation upon death, deferral, and avoidance. In the business context, the role of the Business Broker will be reviewed as well as the particular problems with both first marriages and second marriages. Participants will also consider the real estate agent’s role in the estate and succession planning process.
Material 120 pages
PowerPoint 85 slides
Courses/ programs under development:

Real Estate and the Law of Torts
Risk Management and Practice for Real Estate Professionals
Environmental Liability ~ Risks and Solutions
Condominium Conversion Process

If you are interested in additional information please refer to