🔒 Disclosure, Privacy (PIPA), FINTRAC, Advertising and Trust Money

1. Under the Real Estate Act Rules, which feature is part of the definition of a material latent defect in every case?

1. It has been noted in a home inspection report given to the seller
2. It cannot be discerned through a reasonable inspection
3. It would cost more than the buyer's deposit to repair or remedy
4. It is visible to a buyer who walks through the home with care

Rule 1(1)(t) defines a material latent defect as a defect that cannot be discerned through a reasonable inspection of the property and that includes a defect making the property dangerous or potentially dangerous to occupants, unfit for habitation, or unfit for a purpose the licensee knows about. Great expense to remedy is a factor that 'may' be included, not a requirement, and a defect visible on a careful walk-through is a patent defect. (Real Estate Act Rules, Rule 1(1)(t))

2. During a showing, the buyer and her licensee both notice a long crack running across the concrete driveway. How is this defect best classified?

1. A material latent defect, because driveway repairs are expensive
2. A latent defect, because its cause is hidden below the concrete slab
3. A stigma, because it affects how buyers feel about the property
4. A patent defect, because a reasonable inspection readily reveals it

A patent defect is one that can be discerned through a reasonable inspection, such as a visible crack. Latent and material latent defects are, by contrast, not discernible through a reasonable inspection (Rule 1(1)(t)); expense alone does not turn a visible defect into a material latent defect. (Real Estate Act Rules, Rule 1(1)(t); FRE Competency Exam Blueprint 1.3.1.1)

3. A seller tells his listing licensee that, under the new carpet in the den, the subfloor has a few cosmetic stains that cause no damage and no risk. How should the licensee view this information?

1. As a patent defect, since the seller has already described it to the licensee
2. As a latent defect that is not material, as it causes no danger or unfitness
3. As a material latent defect that must be disclosed in writing to every buyer
4. As a matter the licensee must report to RECA before the property is marketed

The stains cannot be seen on a reasonable inspection, so they are latent, but nothing suggests danger, unfitness for habitation, unfitness for a known purpose, great expense, a municipal notice or missing permits, so they do not meet the Rule 1(1)(t) test for a material latent defect. The licensee must still never answer a buyer's question in a misleading way (Rule 42(a)). (Real Estate Act Rules, Rules 1(1)(t), 42(a))

4. While preparing a listing, a licensee learns that the seller developed the basement into a bedroom suite without obtaining any municipal building permits. Under the Rules, this circumstance:

1. may be a material latent defect, as the definition can include missing permits
2. is confidential seller information that cannot be shared with any buyer
3. is a patent defect, as the finished basement is visible to any buyer who tours it
4. matters solely if the municipality has already issued an order to remedy it

Rule 1(1)(t)(ii)(C) states that a material latent defect may include a lack of appropriate municipal building and other permits respecting the real estate. The finished space is visible, but the absence of permits is not discernible through a reasonable inspection. A municipal notice is a separate, alternative factor (Rule 1(1)(t)(ii)(B)). (Real Estate Act Rules, Rule 1(1)(t)(ii))

5. A municipality has sent the seller a written notice stating that a deteriorating retaining wall on the lot should be repaired. The damage is not visible from the property. For the seller's licensee, this notice:

1. is a private matter between the seller and the municipality and is not disclosed
2. must be disclosed to buyers solely if a buyer asks a direct question about it
3. creates a patent defect, because a notice from a local authority is on record
4. can make the condition a material latent defect that must be disclosed to buyers

Under Rule 1(1)(t)(ii)(B), a material latent defect may include a circumstance for which a local government or other local authority has given the client or the licensee a notice that it must or should be remedied. A seller's agent must disclose to all buyers all material latent defects known to the licensee (Rule 57(i)); disclosure does not wait for a buyer's question. (Real Estate Act Rules, Rules 1(1)(t)(ii)(B), 57(i))

6. A buyer's licensee tells the listing licensee that her client is buying an acreage to board horses. The listing licensee knows the well recently tested unfit for livestock, which a reasonable inspection of the site would not reveal. What must the listing licensee do?

1. Stay silent, since the well water is still safe for the people living in the home
2. Disclose it after the offer is firm, so the seller's negotiating position is kept
3. Wait for the buyer's own inspector to find the problem during the condition period
4. Disclose the result, since the defect makes the land unfit for a known purpose

A material latent defect includes a defect that renders the property unfit for the purpose for which a party is acquiring it if the licensee has become or been made aware of this purpose (Rule 1(1)(t)(i)(C)). Once told of the horse-boarding purpose, the listing licensee must disclose known material latent defects to all buyers (Rule 57(i)), in a timely way and not after the deal is firm. (Real Estate Act Rules, Rules 1(1)(t)(i)(C), 57(i))

7. A licensee in a sole agency relationship with a seller knows of a material latent defect in the listed home. To whom must the licensee disclose it?

1. To the seller and the brokerage's broker, who decide whether buyers are told
2. To all buyers interested in the property, not only to those who ask about it
3. To RECA's registrar, who notifies any buyer who later makes a written offer
4. To buyers who are represented by a licensee, but not to unrepresented buyers

Rule 57(i) lists, among the basic obligations of a licensee in a sole agency relationship with a seller, the duty to disclose to all buyers all material latent defects affecting the property known to the licensee. The duty does not depend on a buyer's question, on representation or on the seller's approval. (Real Estate Act Rules, Rule 57(i))

8. In a transaction brokerage relationship under Rule 59, what must the brokerage disclose?

1. Material latent defects to the buyer, but no facts at all about the buyer's finances to the seller
2. The seller's lowest acceptable price to the buyer, and the buyer's highest possible price to the seller
3. Each party's motivation for the trade to the other party, so that both negotiate on an equal footing
4. Material latent defects to the buyer; material facts on the buyer's ability to buy to the seller

Rule 59(4)(e) requires the brokerage in a transaction brokerage to disclose (i) to the buyer, all material latent defects affecting the property known to the brokerage, and (ii) to the seller, all material facts relevant to the buyer's ability to purchase the property known to the brokerage. Price flexibility and motivation may not be disclosed without informed written consent (Rule 59(4)(j)). (Real Estate Act Rules, Rule 59(4)(e), (j))

9. Which pair of duties does a licensee in a sole agency relationship with a buyer owe regarding facts about a property the buyer is considering?

1. Rely on the seller's statements, and disclose material latent defects if asked to
2. Order a home inspection for the buyer, and certify the condition of the property
3. Take reasonable steps to discover relevant facts, then disclose all those known
4. Disclose patent defects in writing, and leave latent defects to the buyer's lawyer

Rule 58(i) requires the buyer's sole agent to take reasonable steps to discover relevant facts pertaining to any property for which the buyer is considering making an offer, and Rule 58(j) requires timely disclosure to the buyer of all relevant facts known to the licensee affecting the property or transaction. The licensee advises the buyer to obtain expert advice (Rule 58(k)) rather than certifying the condition. (Real Estate Act Rules, Rule 58(i)-(k))

10. After learning that the main beam in the basement is cracked behind finished drywall, a seller instructs his licensee not to mention it to anyone. Under the Rules, the licensee must:

1. follow the instruction, because the duty of obedience to the client prevails
2. follow the instruction but note it in the file to protect the brokerage
3. refuse to provide further services if the seller maintains that instruction
4. disclose it to buyers anonymously so that the seller's identity is protected

Rule 41(j) requires licensees to refuse to provide further services to or on behalf of a client who instructs them to withhold a disclosure required by the Act, Regulations, Rules, Bylaws or any other laws. A hidden structural defect is a material latent defect that a seller's agent must disclose to all buyers (Rule 57(i)); the duty of obedience covers lawful instructions (Rule 57(d)). (Real Estate Act Rules, Rules 41(j), 57(d), 57(i))

11. A buyer asks the listing licensee whether the water stain on the kitchen ceiling came from a roof leak. The licensee knows the roof still leaks and has rotted part of the roof framing, which a reasonable inspection would not reveal. Which response complies with the Rules?

1. Refer the buyer to the seller, since the listing licensee has no duty to answer
2. Say nothing, since a visible stain is a patent defect the buyer can assess alone
3. Say the cause is unknown, since the seller has not authorized any disclosure
4. Answer truthfully and disclose the rot, a known material latent defect

Rotted roof framing that cannot be discerned through a reasonable inspection makes the home potentially dangerous to occupants, so it is a material latent defect (Rule 1(1)(t)(i)(A)) that a seller's agent must disclose to all buyers, whether or not a buyer asks (Rule 57(i)). Saying the cause is unknown would be a misleading representation prohibited by Rule 42(a), and Rule 41(a) requires honesty. The visible stain does not make the hidden rot a patent defect. (Real Estate Act Rules, Rules 1(1)(t), 41(a), 42(a), 57(i))

12. A listing licensee learns that the home was used as an illegal grow operation; the municipality issued a remediation order and the electrical system was altered. How should this information be treated?

1. As a likely material latent defect that must be disclosed to all buyers
2. As a stigma that the licensee may disclose solely with the seller's consent
3. As a patent defect, since the altered wiring is in plain view in the panel
4. As old history that stopped mattering once the house was later repainted

The facts point to several Rule 1(1)(t) factors: a potentially dangerous condition (altered wiring), a local authority notice requiring remediation, and possibly missing permits. Known material latent defects must be disclosed by a seller's agent to all buyers (Rule 57(i)). (Real Estate Act Rules, Rules 1(1)(t), 57(i))

13. Years ago, a previous owner of a listed home died there of natural causes. The house has no physical problem linked to the event, and no buyer has asked about it. What best describes the listing licensee's position under the Rules?

1. It is a patent defect, so buyers are expected to research the history on their own
2. It is not a Rule 1(1)(t) defect; get the seller's direction and never mislead a buyer
3. It must be posted in the listing advertising so that no buyer can later complain
4. It is a material latent defect that the licensee must disclose in writing to all buyers

A material latent defect is a defect not discernible through a reasonable inspection that makes the property dangerous, unfit for habitation or unfit for a known purpose, or that may involve great expense, a municipal notice or missing permits (Rule 1(1)(t)). A past natural death with no physical consequence fits none of these. Information about the client's real estate is confidential (Rule 1(1)(g.02)) and is disclosed only with the client's authorization or as required by law (Rule 44(1)), but the licensee must never answer a question in a misleading way (Rule 42(a)). (Real Estate Act Rules, Rules 1(1)(g.02), 1(1)(t), 42(a), 44(1))

14. Your buyer client told you in writing that she will not buy a home where a violent crime occurred. While researching a home she likes, you learn from a news archive that a violent crime happened there. What must you do?

1. Stay silent, because only material latent defects must be disclosed to a buyer
2. Ask the listing licensee for permission before you tell anything to your client
3. Tell your client after the offer is firm, so that her negotiation is not affected
4. Tell your client promptly, as it is a relevant fact you know about the property

A buyer's sole agent must take reasonable steps to discover relevant facts about a property the buyer is considering and disclose, in a timely manner, all relevant facts known to the licensee affecting the property or transaction (Rule 58(i)-(j)). The client has made this fact material to her decision, so it must be shared before she commits. (Real Estate Act Rules, Rule 58(i), (j))

15. During a showing, a buyer's licensee asks the seller's licensee why the sellers are moving. The seller's licensee knows they are divorcing and must sell quickly. What is the appropriate response?

1. Decline to share it, since it is the seller's confidential information
2. Share it, as information about the seller's motivation is a material latent defect
3. Share it, as licensees from two brokerages may exchange client information freely
4. Share it if the buyer's licensee promises in writing to keep it from the buyer

Confidential information includes any information concerning the client, including the client's financial or personal situation and the transaction (Rule 1(1)(g.02)). A licensee must not disclose information regarding a client, property or transaction unless authorized by the client or required by law (Rule 44(1)), and a seller's agent owes a fiduciary duty of confidentiality (Rule 57(e)). (Real Estate Act Rules, Rules 1(1)(g.02), 44(1), 57(e))

16. Under Rule 55, when must a licensee make the required written disclosures to a person about the services the licensee will provide?

1. Within 10 days after the service agreement is signed by both the person and the brokerage
2. Before eliciting, or as soon as possible after receiving, confidential information
3. At the time an offer is presented, so that the person can rely on the disclosure in writing
4. At any point before closing, provided the disclosure is acknowledged by the person in writing

Rule 55(1) requires the written disclosure before eliciting, or as soon as possible upon receiving, confidential information from a person concerning their real estate needs, motivation or financial qualifications, and in any event before entering into a service agreement. (Real Estate Act Rules, Rule 55(1))

17. Which list matches the written disclosures that Rule 55(1) requires a licensee to give a person?

1. Services offered, acting for anyone else, any conflict, other facts likely to sway the decision
2. Services offered, the licensee's sales record, the broker's name, and the brokerage's trust bank
3. Services offered, the licensee's home address, any past discipline, and the brokerage's insurer
4. Commission rate, the licensee's licence number, the seller's lowest price, and any referral fee

Rule 55(1) requires disclosure in writing of (a) the nature of the services the licensee will provide, (b) whether the licensee is acting in the trade on behalf of any other person, in any capacity, (c) any conflict of interest that may exist, and (d) any other facts that may be likely to influence the person's decision. (Real Estate Act Rules, Rule 55(1)(a)-(d))

18. In which situation is a licensee's Rule 55 disclosure duty not yet triggered?

1. Answering a visitor's general factual questions at a bona fide open house
2. Asking a buyer how much financing they have been pre-approved for by a lender
3. Receiving a seller's explanation of why they must sell within the next month
4. Preparing to sign an exclusive buyer brokerage agreement with a new buyer

Rule 55(4) states that the disclosure duty is not triggered merely by a bona fide open house showing, preliminary small talk about price range, location and property styles, or responding to general factual questions. Eliciting financial qualifications, receiving motivation information or entering a service agreement all trigger Rule 55(1). (Real Estate Act Rules, Rule 55(1), (4))

19. A listing licensee disclosed in writing to her seller client that she had no conflict of interest. Later, her brother becomes a potential buyer of the listed property. What does Rule 55(2) require?

1. Disclosure of the change at the next scheduled meeting with the person
2. Immediate disclosure of the change to the person who received the disclosures
3. Disclosure of the change to the broker, who decides whether to inform the client
4. No new disclosure, because the original written disclosure remains valid

If, after the Rule 55 disclosure, there is any material change in the facts disclosed, the licensee must immediately disclose the change to that person (Rule 55(2)). A conflict of interest must also be disclosed at the earliest practical opportunity (Rule 41(f)), and services may not continue without the party's written and informed consent (Rule 54(3)). (Real Estate Act Rules, Rules 41(f), 54(3), 55(2))

20. What does Rule 55(3) require of a licensee regarding the disclosures made under Rule 55?

1. Filing a copy of each disclosure with RECA within five business days
2. Repeating the disclosures orally at each showing to be sure they are recalled
3. Having each disclosure witnessed by the broker of the licensee's brokerage
4. Using best efforts to obtain the person's written acknowledgement of them

Rule 55(3) requires the licensee to use best efforts to obtain written acknowledgement of the disclosures. Rule 55 contains no filing or witnessing requirement; keeping the signed acknowledgement in the brokerage file is the documentation best practice. (Real Estate Act Rules, Rule 55(3))

21. Under Rule 41, when must licensees tell their clients how they will be paid for their services?

1. Before the first offer is written up
2. At the earliest practical opportunity
3. Whenever the client asks about fees
4. Once the transaction has fully closed

Rule 41(c) requires licensees to disclose to their clients, at the earliest practical opportunity, how they will be paid for their services. The written service agreement must also state the remuneration or the method of calculating it (Rule 43(2)(b)(viii)). (Real Estate Act Rules, Rules 41(c), 43(2)(b)(viii))

22. Which conduct is expressly prohibited by Rule 42(d)?

1. Advising a customer that the licensee cannot provide confidential advice
2. Recommending that a buyer hire a home inspector before removing conditions
3. Suggesting that a seller speak to a lawyer about a complex title question
4. Discouraging a client or party from seeking legal counsel or expert advice

Rule 42(d) prohibits licensees from discouraging a client, customer or a party to a trade from seeking legal counsel or expert advice. Recommending inspections or legal advice is consistent with the duties to advise clients to obtain expert advice (Rules 57(m), 58(k)). (Real Estate Act Rules, Rules 42(d), 57(m), 58(k))

23. Without checking, a listing licensee tells buyers the basement 'has never had water' because the seller seemed confident. The basement floods each spring. Which Rule is most directly engaged?

1. Rule 55(4), on open house showings that do not trigger the disclosure duty
2. Rule 44(1), on disclosing client information without the client's authorization
3. Rule 43(3), on delivering a true copy of a service agreement to the client
4. Rule 42(a), on reckless or intentional representations that mislead any person

Rule 42(a) prohibits representations or conduct that are reckless or intentional and that mislead or deceive any person or are likely to do so. Repeating an unverified absolute statement to buyers is reckless; licensees must also act honestly and provide competent service (Rule 41(a)-(b)). (Real Estate Act Rules, Rules 41(a)-(b), 42(a))

24. Which practice best documents a seller's instruction regarding the disclosure of a known defect?

1. Obtain the seller's signed direction and keep it, with your advice, in the brokerage file
2. Write the instruction in a personal notebook kept at home, separate from brokerage records
3. Rely on the seller's verbal direction and keep no file note, so the matter stays confidential
4. Email the instruction to the buyer's licensee so both brokerages hold the same record

The FRE Blueprint (1.3.3.5) expects licensees to compare documentation best practices for decisions, directions, communications and recommendations, and Rule 55(3) calls for written acknowledgement of disclosures. Associates must give the broker the documentation related to a trade (Rule 53(c)), and brokerages must protect personal and confidential information under their policies (Rule 44(2)). (FRE Competency Exam Blueprint 1.3.3.5; Real Estate Act Rules, Rules 44(2), 53(c), 55(3))

25. Under the Rules, which information is included in a client's 'confidential information'?

1. Only facts that the client has marked 'confidential' in a signed written notice
2. The client's financial or personal situation, real estate and transaction details
3. Information the client gives about other parties, but not about their own affairs
4. Solely the client's financial information, such as income, debts and credit score

Rule 1(1)(g.02) states that confidential information includes any information concerning the client, including the client's financial or personal situation, the client's real estate and the transaction involving the client. It is not limited to marked documents or to financial data. (Real Estate Act Rules, Rule 1(1)(g.02))

26. Under Rule 44(1), a licensee may disclose information regarding a client, property or transaction to another person when:

1. the information has been in the brokerage file for over a year
2. the other person is a licensee registered with any brokerage
3. the client authorizes it or the disclosure is required by law
4. the broker approves it as being in the interests of the trade

Rule 44(1) states that, in addition to the requirements of privacy legislation, a licensee must not disclose information regarding a client, property or transaction to another person unless (a) authorized by the client or (b) required by law. (Real Estate Act Rules, Rule 44(1))

27. What does Rule 44(2) require of every real estate brokerage regarding personal and confidential information?

1. Adequate policies and procedures to protect it, known to and followed by all licensees and staff
2. A written consent from each client before any of its information is stored on a computer
3. A registration of its client databases with RECA before the start of each licensing year
4. An annual audit of its client files by the Office of the Information and Privacy Commissioner

Rule 44(2) requires each brokerage to (a) establish adequate policies and procedures for the maintenance and protection of personal and confidential information and (b) ensure all licensees and staff members are aware of them and routinely carry them out. (Real Estate Act Rules, Rule 44(2))

28. A listing licensee learns that her seller is under severe financial pressure. She tells her cousin, who then makes a low offer on the home. Which Rule does this conduct most directly breach?

1. Rule 42(c), which bars using confidential information for personal gain
2. Rule 41(c), which requires early disclosure of how the licensee is paid
3. Rule 45(1), which requires written disclosure of any referral benefit
4. Rule 55(4), which covers small talk about price ranges and locations

Rule 42(c) prohibits using confidential information obtained from any person for personal gain or for any purpose other than that for which it was obtained. Passing the seller's financial situation to a relative also breaches Rule 44(1) and the fiduciary duties of loyalty and confidentiality owed to the seller (Rule 57(e)). (Real Estate Act Rules, Rules 42(c), 44(1), 57(e))

29. A seller's agency relationship with a brokerage has ended. What happens to the duty to keep the seller's information confidential?

1. It continues even after the relationship has ended
2. It ends once the brokerage agreement has expired
3. It ends unless the seller relists with the brokerage
4. It lasts for one year and then lapses by itself

RECA's Consumer Relationships Guide states that the agent must keep information confidential even after the relationship ends; confidential information includes the client's personal information and information about the property and the transaction, except information the law requires to be disclosed or the client agrees to disclose. (Consumer Relationships Guide, 'An agent's responsibilities to you', point 2; Real Estate Act Rules, Rule 1(1)(g.02))

30. Brokerage A practises common law agency; Brokerage B practises designated agency. Which statement correctly compares who may access a client's confidential file?

1. A: its licensees, subject to policy; B: the designated agent(s), with limited broker access
2. A: the listing licensee alone; B: every licensee registered with the brokerage, without limit
3. A and B: every licensee of the brokerage, because the client contracts with the brokerage
4. A and B: the broker alone, and licensees must request the broker's approval to read any file

The Designated Agency Practice Guide explains that in a common law brokerage the client's file is available to all licensees registered with the brokerage and its employees, subject to brokerage policies, while in a designated agency brokerage designated agents keep their clients' information confidential from other licensees. The broker accesses the service agreement and sees confidential information only for listed purposes: policy compliance, competent service and due diligence, and even-handed transaction brokerage. Rule 44 governs disclosure in both models. (RECA Designated Agency Practice Guide, 'How are privacy and confidentiality different under designated agency?' and 'Does the broker or supervising manager have access to the client's information?'; Real Estate Act Rules, Rule 44)

31. Your buyer client tells you he would pay up to $25,000 more than his offer. The listing licensee calls and asks whether your buyer has 'room to move'. What should you do?

1. Hint at the figure, as a hint is not a disclosure under Rule 44(1)
2. Reveal the figure, as it helps the seller decide whether to counter
3. Reveal the figure, as both licensees must share information equally
4. Decline to answer, as the buyer's price limit is confidential information

Information about the client's financial situation and the transaction is confidential (Rule 1(1)(g.02)). A buyer's sole agent owes loyalty and confidentiality (Rule 58(e)) and may disclose client information only if authorized or required by law (Rule 44(1)). A hint is still a disclosure and may also mislead. (Real Estate Act Rules, Rules 1(1)(g.02), 44(1), 58(e))

32. A brokerage receives a court order requiring it to produce a former client's transaction file. The client has not consented. May the brokerage comply?

1. No; client information may be released solely with the client's written authorization
2. Yes; the Rules and PIPA both permit disclosure required by law, such as a court order
3. No; the brokerage must first get the approval of the Information and Privacy Commissioner
4. Yes, but only after the brokerage has notified RECA and waited for the registrar's reply

Rule 44(1)(b) allows disclosure of client information when required by law, and PIPA s.20(e) permits an organization to disclose personal information without consent to comply with a subpoena, warrant or order issued by a court, person or body with jurisdiction to compel production. (Real Estate Act Rules, Rule 44(1)(b); Personal Information Protection Act, s.20(e))

33. Your seller client is a numbered company that owns a parcel of vacant land. Which statement best compares the company's information under the Rules and under PIPA?

1. It is personal information under PIPA, but it is not confidential information under the Rules
2. It is neither confidential nor personal information, because the client is a corporation
3. It is personal information under PIPA and confidential information under the Rules equally
4. It is confidential under the Rules, but PIPA protects only information about identifiable individuals

Under the Rules, confidential information includes any information concerning the client, including its real estate and the transaction (Rule 1(1)(g.02)), and a client can be a corporation. PIPA defines personal information as information about an identifiable individual (s.1(1)(k)), so a company's business information is not personal information, although information about its individual directors can be. (Real Estate Act Rules, Rule 1(1)(g.02); Personal Information Protection Act, s.1(1)(k))

34. A licensee records the business phone number and work email of a mortgage specialist so she can contact him about a client's financing. How does PIPA treat this?

1. PIPA requires the specialist's written consent before his work email is stored
2. PIPA applies, but the specialist must first be notified by the Commissioner's office
3. PIPA treats the information as sensitive, so opt-out consent cannot be used for it
4. PIPA does not apply to business contact information used solely for business contact

PIPA s.4(3)(d) states that the Act does not apply to the collection, use or disclosure of an individual's business contact information if it is for the purpose of enabling the individual to be contacted in relation to the individual's business responsibilities and for no other purpose. Business contact information is defined in s.1(1)(a). (Personal Information Protection Act, ss.1(1)(a), 4(3)(d))

35. Which term must every written service agreement include under Rule 43(2)(b)?

1. The use and distribution of personal or confidential information
2. The client's consent to be added to the brokerage's mailing list
3. The client's waiver of any privacy complaint to the Commissioner
4. The list of every buyer who viewed the property during the term

Rule 43(2)(b)(vii) lists 'the use and distribution of personal or confidential information' among the mandatory contents of a written service agreement. A waiver of PIPA rights would be void (PIPA s.4(7)), and consent to marketing cannot be made a condition of service beyond what is necessary (PIPA s.7(2)). (Real Estate Act Rules, Rule 43(2)(b)(vii); Personal Information Protection Act, ss.4(7), 7(2))