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.

Essential Things to Change in Insurance Training

Insurance services use knowledge related to finance, regulations, analytics in general and everything else in specific. For example, take project insurance. The insurer needs to evaluate various risks associated with the project. He should be able to make use of project management documents to understand the measures being taken by managers to manage the risks identified by them. He should be able to assess loss in case of claim. He need to use the knowledge of project management techniques in project insurance.

Again, if it is agriculture insurance, an insurer has to get idea about the crop yield, soil quality, farming practices etc. To do a meaningfulful insurance. So, knowledge of agriculture science need to be applied. Since insurance extends its services to every possible activities in the world or even in space, it has the potential to use every kind of knowledge.

Knowledge gained by insurance professionals during training are to be used. They are not for answering few questions in examination and then forgetting them. There is no end of values ​​that insurance service can add in risk management in any kind of activities. And that is through the use of knowledge related to risk management techniques and also the knowledge related to activities. It may not be expected that every insurance professional will gain knowledge of every activity. But, he will do better if he is able to identify what knowledge to be used from where. This where can be external too.

There can be such training courses that are related to existing practices. But these are at the most basic level. It makes sense if there is a need of organized training on existing practices. There are regular changes in standards, regulations, etc. That may create a need for organized training to make them known to insurance professionals in formal way.

However, since Insurance service by nature is futuristic, there has to be an emphasis on such topics that empowers the professionals to understand the future in scientific way with greater nuance. Such training prepares insurance professionals to go much deep in their profession and make the profession richer.

So, one thing that definitely need to be in the insurance related training is something about the future, something latest, something new, something that make the participants come out from the routine thinking and dive deep into topics related to finance, regulations and analytics or Related to the special area of ​​insurance.

The Impact of the Internet on Contemporary Literature

Literature basically is everything that has ever been written. Anything from the earliest poems of Homer, to today's web pages, can be considered literature. But for a specific sense, there are various kinds of literature. Literature can be written in a specific language, like English Literature or be written by a specific culture, such as African Literature. But literature really means more than printed words and the internet certainly is a part of literature. I should note that the word literature comes from the French phrase belles-lettres, which means "beautiful writing". When a piece of work is called literature, it is usually considered a great work of art. The internet literature does not need to have this way for the fact that no one controls the internet literature. In the following essay I am going to speak about the impact of the internet on literature of nowdays.

There are two main classes of literature which are also present on the internet: fiction and nonfiction. Fiction is writing that an author creates from the imagination. Authors may include personal experience, or facts about real people or events, but they combine these facts with imagined situations (Moran, 45). In non-internet literature the project undergoes at least some sort of censorship in terms of what words can be used, yet the internet allows the authors to put anything they desire on the web site and enjoy it. Most fiction is narrative writing, such as novels and short stories. Fiction also includes drama and poetry. Nonfiction is factual writing about real-life situations. The principle forms of nonfiction include the essay, biography, autobiography, and diary (Browner, 90). The internet presents a new forms – internet pages, or internet books.

People read literature for a variety of reasons. The most common reason for reading is pleasure. People read to pass the time, or for information and knowledge. Through literature, people meet characters they can identify with, and sometimes find solutions for their own problems. With literature, a person can often understand situations that could not otherwise understand in real life (Koehler, 28). Often, just the arrangement of the words can be enjoyable, just as a child likes the sound of "Ring Around the Rosie", even though they might not understand what the words mean. There are four elements of literature: characters, plot, theme, and style. A good author has the ability to balance these elements, creating a unified work of art. The characters make up the central interest of many dramas and novels, as well as biographies and autobiographies. A writer must know each character thoroughly and have a clear idea about each ones look, speech, and thoughts. The internet literature is not difficult to create for the fact that unlike "traditional" literature the internet literature requires minimal start up costs (Moran, 47). And because reading usually involves convenience, at some point of time one would not be surprised to see convenient electronic devices that could be transported anywhere and would download books from the Internet and present them in digital format.

Motivation is the reason for characters actions. A good writer will be sure that the motives of a character are clear and logical. The internet writers do not have to be this way, they are not controlled and they severely risky anything by publishing online. Setting is where a character's story takes place. The plot is built around a series of events that take place within a finite period. It is what happens to the characters. No rules exist for the order in which the events are presented. A unified plot has a beginning, middle, and an end. In literary terms, a unified plot includes an exposure, a rising action, a climax, and a denouement, or outcome. The exposure gives the background and situation of the story (Browner, 93). The rising action builds upon the exposure. It creates suspense, or a reader's desire to find out what happens next. The climax is the highest point of interest, also a turning point of a story. The denouement is the conclusion. The theme is the basic idea expressed by a work of literature. It develops from the interplay of character and plot. A theme may contain morals, to warn the reader to lead a better life or a different kind of life. The internet literature does not have to be this way at all because no one controls it. The write take minimal risk in terms of investment, yet possibly can find readers from all over the world, which can pay for the e-book and download it to their own computers, is very high (Moran, 49).

A serious writer strives to make his work an honest expression of sentiment, or true emotion. They avoid sentimentality, which means giving too much emphasis to emotion or pretending to feel an emotion. A writer of honest emotion does not have to tell the reader what to think about a story. A good story will direct the reader to the author's conclusion. Style is the way a writer uses words to create literature. It is difficult to enjoy a story's characters or plot without enjoying the author's style (Browner, 98). The style of an author is as important as what he is trying to say. Point of view, or the way a story is presented, is another part of style. A writer may tell a story in the first person, using the pronoun I, as though the narrator were a major or minor character in it. Or, the writer may use the third person method, in which the narrator stands apart from the characters and describes the action using such pronouns as he and she. There are two types of third person views: limited and omniscient. In the third person limited point of view, the narrator describes the events as seen by a single character. In the third person omniscient, or all knows, point of view, the narrator reports on what several characters are thinking and feeling. Reading is an unintentionally personal art. There are no final rules for judging a piece of writing. Often, people's judgment of a work can change as taste and fashion change. Yet the classics continue to challenge readers' imaginations and give ageless advice. Shakespeare will most likely be as popular a hundred years from now as he is today. That is power of literature. Literature is timeless (Moran, 53).

It should be noted that literature can have many and different values ​​on a person and it is the internet that allows literary values ​​to be delivered to the audience without any barriers. It is all depending on the story and the value or moral issue the author wants, you, the reader to get out of it. The value literature had on me was actually hard to put into words. But to understand the value of literature you must know the definition of value and literature. Value has many meanings but there is two that relate (Browner, 102). Worth in usefulness or importance to the possessor and a principle, standard, or quality considered worthy or desirable. Literature is a body of writings in prose or verse. Literature produces value because it is basically an analysis of an experience or situation (Koehler, 30). I got a different value out of each story. With Mark Twain's The Adventure of Huckleberry Finn it showed me that one does not have to be civilized or conform to the ideas of society to become cultured or mature. With Huck Finn he ran away from everything that was considered civilized (Moran, 58). He had nothing and really did not want anything. But at the same time he experienced and matured living dangerously. This made me value Huck's adventure and take it as my own. Huck proves his marriage when he comments on how the king and duke dupe the villagers into believing that they are the dead man's brothers, and Huck says, "I never see anything so disgusting." (Twain 163) Even though the king and duke commit An awful act on the villagers he still feels sorry for them when they get tarred. Huck comments, "Human beings can be awful cruel to one another." (Twain 225) In William Faulkner's Barn Burning it told a man named Abner Snopes who burned barns when upset or mad. This was his way of getting back at them. "Barn Burning" has two very evident struggles (Browner, 105). Abner oppresses his family just as the upper class has oppressed him. "Barn Burning" to me is based on misdirected anger. Which is basically happening in these days. For example, a teenager and his parents have it out, he leaves, and now his anger is directed toward anything in his pathway. "Barn Burning" has a value in that it shows in life that people actually misdirect their anger. Such as in the school shootings and bomb threats that have occurred in the past couple of years (Koehler, 33). Just like Abner Snopes felt like an outsider to the upper class, so did the students who committed these violent acts. In "The Swimmer", it made me value life and what it brings. Because if your not careful or you do not watch out it will past you up without notice (Browner, 109). As with "Everyday Use", one of the daughters did not value who she was or who she was because she was going out looking for her history. Which she already had at her fingertips.

Conclusion:

In conclusion I would like to note that reading all of the literature which colleges and universities assign to their students involves very high costs to the society in terms of paper consumption and time wasting (that involves going to the library, or to the book shop, Etc). The internet and the ability to download the books from online to one portable device would reduce the costs, save the trees, and will make people more efficient. I realize that there are a lot of things that we as people in this society take for granted. Literature has made me value a lot of experiences and situations so far and I enjoy holding the paper book in the evening preparing for the next day, yet I do not protest against the use of the digital technology to create digital books that would contribute not only To the efficiency but also to the reduced costs to the whole society.

Embedded DVR

In most surveillance operations using a DVR, the commonly used method is to link the DVR card to a computer containing the software. This has serious limitations in the event of a virus attack or power failure, because the surveillance system could be thrown off gear. In order to overcome these problems, a new type of DVR called the “embedded DVR” has been launched.

The embedded DVR works with very little or no help from the computer. It is a plug and play meaning that installation is very easy and recording can start as soon as the device is installed. Embedded DVRs can support 4-16 cameras, and a television screen can be added for viewing live pictures. Embedded DVRs provide all the features that come with computer based DVR systems including network support options that allow you to share the recorded data. The motion of the camera can be controlled based on motion and playback and search option are also available.

Embedded DVRs can be programmed to record at specific times. With an alarm facility available, fast detection of any intrusion can be detected. On integration with a web server, remote audio/video monitoring and recording is facilitated. Data storage is usually in MPEG format. If there is a problem with storage, a back up plan is activated where by the data is written onto CD disks. Embedded DVRs also have remote storage facility meaning storage of information can be done at a location away from where the input device is located. This can minimize data pilferage or theft.

Embedded DVRs are now used extensively in the transport sector. Specially developed embedded DVRs have in built features like impact resistance, shock & and vibration resistance are now found in trucks, school and city buses, airport shuttles, cars, taxis, etc. These DVRs are compact and take inputs provided by camera located in different parts of the automobile. It can also provide the driver with a view of the road andor passengers at all times. In such a system, the storage device is often a replaceable hard disk drive. In some cases, a USB mobile hard disk enclosure is also provided. Use of DVRs in public and private transport devices can increase the security of passengers and cargo.

With enhanced emphasis on security, embedded DVRs have become an irreplaceable component of industrial and corporate security systems. In the near future, the embedded DVRs may find new applications many areas. The full potentials of this device are yet to be realized and it may not be a surprise to see them used by everyday people for everyday living.