You just made my point NYGMan and Burnaby ! I knew someone here would finally get to this which gets right to the heart of the matter:Johnson is making the tiresome and specious argument about professional governance that we have heard before about lawyers and the law society from the likes of Menard. It goes something like this: RECA only governs its own members; therefore, it doesn't govern me. Half right. RECA only governs its own members, but only its own members can be mortgage/real estate brokers, etc. in Alberta.
This has nothing to do with the MLS system. It has to do with the fact that the Government of Alberta, through the Real Estate Act, has delegated exclusive authority to RECA to regulate the real estate profession in Alberta. The Real Estate Act is exclusive scope legislation, meaning only RECA members licensed and in good standing with RECA can deal in real estate as brokers/agents, etc. in Alberta.
One person can sell their property to another without a license. But brokering a deal on someone else's behalf falls under RECA's exclusive scope of practice and the broker must be licensed by RECA.
Johnson and other scoundrels like him are breaking the law.
The CONTRACTS
Brokering a deal requires one to sign an AGENCY AGREEMENT for fiduciary agency.
That is what Realtors use which they should. Ordinary people buying and selling real estate don't use that in the private market especially myself since I am not acting as an agent for anyone, simply buying and selling homes, just like thousands of real estate investors do !
The part you are missing and don't follow is in the contracts. I don't / never have used an MLS Listing agreement or represented a buyer or seller as an agent, worse telling them I am a Realtor and acting in that capacity. That is fundamentally ridiculous and what would I have to gain in that?
People like myself and every other Canadian buying and selling homes are not "criminals" and use offer to purchase contracts and are not acting as agents Burnaby and NYGMan. What I am doing is no different that any private buyer or seller except for the fact that I have done a LOT OF BUSINESS in Alberta and have been instrumental in introducing a COMMISSION FREE system which RECA does not like for the obvious reasons.
That is why they have been on a campaign to slander me, and if you pay attention, there was another brokerage in Ontario that had to deal with the same slander before CREA had to suck it up and stand down since they knew they were encroaching on competition and monopoly laws.
There is a BIG Difference between acting in a "broker" capacity with agency contracts and using offer to purchase contracts to buy and sell homes.
I am simply a competitor to them and the Realtor community, but in no ways a "broker" since one must engage in a very specific contract with fiduciary duties and role to be categorized as that.
Is it illegal to buy and sell homes using offer to purchase contracts, and not agency agreements Burnaby, NYGMan?
I will await your reply ...
You need to brush up on your contract law.
I can teach you something here.
Hey Clive, you want to take a shot at commenting on this? I would be curious to get your thoughts.