Dealer

Dealer obligations to Salesmen

The Real Estate (Dealers and Developers) Act outlines the responsibilities of the Dealers to operate within their areas of practice to which they are the holder of a valid licence.  

  • Dealers must ensure that they maintain an active licence, which should be displayed in his or her office, prior to employing a real estate salesman to practice real estate business under the name which they are licensed. 
  • Dealers are to have in their possession license of all salesmen employed to them for them to be actively practicing real estate business. 
  • Dealers have a responsibility to conduct routine audit of their clients' accounts in accordance with the Real Estate (Dealers and Developers) Act and also Proceed of Crime Act. Written procedures are in place to guide how funds are treated with respect to these transactions.   
  • Dealers must provide continuous training and resources in market trends and update to industry standards in accordance with the law.  
  • Provide adequate supervision and oversight in the day-to-day operations and management as it relates to real estate business under which registration and licence have been procured and issued by the Authority. 
  • Ensure that they adhere, uphold and operate within the guidelines, orders, regulations, policies issued by the Authority or on behalf of the Authority and fulfil all statutory obligations to the Authority. 
  • Make available and provide copies of office policies, rules, guidelines, forms and procedures manual to their salesmen with periodic review. 

A Dealers Obligation to REB

If it is the intention of a registered real estate dealer to engage in the practice of real estate business, he or she should ensure that the Authority is notified of this intention and the requisite licence fee for the financial year is paid on the due date being April 1 of that financial year.

Where a person or entity is registered as a real estate dealer with the Authority and does not intend to practice real estate business in a given financial year, the registrant must complete and submit the requisite application form for dormancy and payment of the relevant dormancy fees within the time permitted for submission to the Board.

Real Estate Dealers are also required to submit annually, the names of all real estate salesmen employed to them. Where there are no salesmen employed to the real estate dealer, a statutory declaration must be provided by the real estate dealer to the Authority. All real estate dealers are prohibited from employing a person to practice real estate business without a  licence being issued for that person to practice such business by the Authority.

Where a real estate salesman is no longer employed to the real estate dealer, both parties should complete and submit the “Declaration of Release of Salesman” form. The dealer should then notify the Authority and immediately return the licence to the Authority. 

If there is any change in the contact information for a real estate dealer, the Authority should be notified of any change in relation to their address and contact information prior to the use of this new contact information.

 A real estate dealer must operate under the name in which they have been registered and licensed and operate from the address specified on their licence.

A real estate dealer must maintain an office for the purpose of carrying on the practice of real estate business.

Real Estate Dealers must have regard for all the mandatory Continuous Professional education training and development as stipulated by the Board and must participate in such courses being offered or directed by the Board

All real estate dealers upon receipt of clients money, must lodge and maintain a Clients’ Account with an authorized financial institution and must produce an audited report of the clients account when requested by an Inspector of the Authority. If no funds have been received from a client and a clients accounts is not being maintained by a real estate dealer, you are to submit a declaration which must be dated, signed by the real estate dealer and duly witnessed by a Justice of the Peace.

A Real estate dealer must assist in maintaining the integrity of the practice of real estate business and uphold all laws and regulations which relates to the practice of real estate business or real estate development.

Undertake only such duties and responsibilities for which they are properly registered and licensed under the Real Estate (Dealers & Developers) Act.

Understanding Penalties and How they are applied

Understanding Penalty for Registering a Real Estate Developer

Where a developer commences a development scheme without paying the total fees to register that development scheme the Real Estate Developer will incur and must pay a penalty of one hundred percent (100%) of the total fees to register as a Real Estate Developer they should have paid pay to register as a Real Estate Developer initially.

To commence a development would constitute the carrying out of building, engineering, or other operations in, on, over or under any land, or the making of any material change in its use or in the use of any building.

Understanding Penalty for Renewal of Registration as a Real Estate Developer

In order for a registered Real Estate Developer to maintain their registration annually, the total prescribed fee must be paid on or before April 1st after the date of registration.

Where the total fee or a portion of the fee to maintain the registration as a developer remains outstanding after April 30th of that financial year a penalty of one hundred per cent (100%) is accrued on the total fees the Real Estate Developer should have paid initially to maintain their registration for that financial year.

The initial and late penalty fees are as follows:

Developments of 6-20 lots/units: $40,000.00

Developments of 21- 40 lots/units:  $60,500.00

Developments of 40 and over lots/units:  $99,000.00

Understanding Penalty for Renewal of Registration as a Real Estate Salesman

In order for a registered Real Estate Salesman to avoid incurring penalty for the renewal of their annual licence fees, the total prescribed fee of Twenty –two Thousand Dollars ($22,000.00) or total first instalment Eleven Thousand Dollars ($11,000.00) must be paid on time. The prescribed due date to pay the licence fee is on or before April 1st of that financial year. The first penalty of Five Thousand Five Hundred Dollars ($5500.00) is incurred if the total prescribed amount is paid after April 30th. Prior to making any payment within this financial year, kindly ensure that your account is current and all outstanding fees for the prior years have been clear.

If the licence fee or portion of the licence or the second instalment and any portion thereof as a Real Estate Salesman remains outstanding after September 30th the second penalty amounting to Five Thousand Five Hundred Dollars ($5500.00) will be incurred.

Understanding Penalty for Renewal of Registration as a Real Estate Dealer

In order for a registered Real Estate Dealer to avoid incurring penalty for the renewal of their annual licence fees, the total prescribed fee of Forty-four Thousand Dollars ($44,000.00) or total first instalment Twenty-two Thousand Dollars ($22,000.00) must be paid on time. The prescribed due date to pay the licence fee is on or before April 1st of that financial year. The first penalty of Eleven Thousand Dollars ($11,000.00) is incurred if the total prescribed amount is paid after April 30th. Prior to making any payment within this financial year, kindly ensure that your account is current and all outstanding fees for the prior years have been clear.

If the licence fee or portion of the licence or the second instalment and any portion thereof as a Real Estate Dealer remains outstanding after September 30th the second penalty amounting to Eleven Thousand Dollars ($11,000.00) will be incurred.

Article Categories

Article Archives

Slide
3 WAYS TO PAY
Client Portal
REB clients only
Bill Payment

NCB or Scotiabank

In-office

Debit/Credit Card
or Manager's Cheque