While the worlds of sports and fitness are intertwined, it was not until the 1970s that popular culture was ready to accept fitness as eagerly as it had accepted sports. Fitness had not yet taken on its importance for improving health, and popular opinion likened fitness to work and manual labor. In the 1940s and 1950s, few participated in fitness willingly. Among those who did were Jack LaLanne, Victor Tanny, Joseph Gold, Joseph Weider, and Les and Abbye “Pudgy” Stockton. These fitness pioneers, among others, drew people to the beach in Santa Monica, California-the original Muscle Beach. Visitors came to watch their feats of strength and acrobatic displays. More and more viewers became participants, and these people, originally on the fringe, became a part of the cultural mainstream. Jack LaLanne, Vic Tanny, and Joe Gold all started gym chains with bodybuilding as their main focus. Due toPage 602 the influence of Abbye “Pudgy” Stockton, women were introduced to the muscularity and strength that came with bodybuilding. No longer reserved for just for “strongmen,” bodybuilding brought about a change in the mindsets of all those who visited Muscle Beach.

From the seeds planted at the Santa Monica came Venice Beach, the home to bodybuilding legends Arnold Schwarzenegger, Frank Zane, and many, many more. Venice Beach in the 1970s brought with it a fitness explosion across the globe. Not only did bodybuilding become mainstream, but the popular opinion of fitness changed dramatically. Americans in the 1970s would do anything to improve their health and fitness.

Sports and athletics grew in the 1970s as well. Women became increasingly more interest in participating in sports; however, very little funding was available for the development of woman’s athletics. A landmark law was passed in 1972. Part of a series of educational amendments, “Title IX,” legislated gender equity in athletics. Not only were women becoming more active and more physically fit, a law now existed that called for equal funding and equal opportunity for female athletes. On 21 September 1973, female tennis star Billie Jean King defeated Bobby Riggs in the first-ever winner-take-all “Battle of the Sexes” tennis match. The hoopla surrounding this event-and its outcome-provided even more incentive for women to become involved with sports and fitness. By 1977, a record 87.5 million U.S. adults over the age of eighteen claimed to be involved in some sort of athletic activity.

The fitness industry continued its growth into the 1980s. Gym owners tailored their facilities to attract customers and new gyms opened around the United States and around the world. A healthy lifestyle was becoming a part of popular culture. No longer was it unfashionable to be athletic, strong, or healthy. With the development of new technology, health and fitness were able to make their way into homes. Fitness tapes became available in the early 1980s and continue to encourage those to whom a gym or health facility may not be accessible. Innovators such as Jane Fonda and Richard Simmons were able to bring their exercise programs to a new population. Joe Weider became a significant force in bringing health, fitness, and bodybuilding as close as the mailbox through his magazines and pamphlets. Because of fitness pioneers such as Weider, Gold, Fonda, and Simmons, fitness continues to play a significant role in modern society. The importance of being in good health and physically fit has made and continues to have an impact.

 

Digital Marketing is much like modern architecture in many ways. It is the way of the world and these guidelines are just a start to get your business off on the right foot. Mastering digital marketing isn’t a cakewalk. According to the Digital Marketing Institute, it is the required result of digital channels to promote or market products and services to consumers and businesses. It believed to be wavering these days as many companies that once used the old style of marketing are now going digital. It is essential in today’s world that a company which exists physically, must exist digitally as well. It is believed that existing digitally enhances advertising process. There exist a different and more approachable digital marketing tools like web designing, pay-per-click marketing, SMS, and email marketing. The following article will educate you in not one but many ways.

Direct marketing and advertising is an advertising in which companies offer physical marketing and advertising materials to consumers to communicate details about a service or product. Inbound marketing can likewise be an essential tool in the continuing retention of present customers, by creating communication with those customers and enabling business to engage with other customers by giving informative, educational result together with product promotions. While outbound marketing could reach a larger audience, additionally, it runs the danger of barring uninterested consumers also. If you prefer to do better marketing without harming your finances, direct marketing will probably be somewhat decent for you. Second, content promotion is a pull, instead of a push, strategy. To the contrary, it is a refreshingly new concept in marketing which provides a unique comprehension of consumer behaviour.

Content can typically be about a service or a product, it might be item, price, service charges or the selling of digital products like books, movies or software. It is something that helps in relaying old customers and thereby helps in pulling traffic from popular search engines. The very first and most crucial issue is quality content, try using attractive words that could connect nicely with readers. Step one on any advertising (or indeed, marketing) campaign needs to be to recognize the aims and goals of the campaign and the way they fit into the aims and goals of the business all around. Digital advertising and marketing campaigns will need to rely on these limits to be prosperous. Together with creating great advertising text (copy), you may want to study the way you can earn a corporation’s marketing campaigns visually appealing, through the usage of banners, images, videos and more.

Although these facts may be true, but sometimes it gets difficult to do all these techniques in the company. Therefore, known and recognized companies and firms may hire a digital marketing agency to do on behalf of them. Most renowned digital marketing agency may not only offer quality and dependable benefits, also they have a digital marketing and advertising strategist which may help plan the most helpful campaigns. To be successful in today’s day, companies need to continuously create new content that doesn’t only get them found but also lets them capture leads. Soon it won’t be enough for businesses to understand what you might want. All businesses wish to strengthen their relationship with clients and prospects. Now everyone is aware of what the business is shooting for. It is essential that businesses optimize their online properties effectively to be able to get to the top of the entire important search engine result page.

Even though many mistake digital for internet, to their surprise online marketing is only a part of the huge digital marketing framework. In a broader sense, the net is the centre of digital marketing. It has made easier for marketing managers to measure the results of a campaign. Since you can see the internet is by far not the only spot for marketers to assemble success, even in past couple of years. The web and the world have brought in an entire new perception of the advertising market. Thus, if you need to effectively advertise your business on the internet then seek the services of a renowned digital advertising company at the earliest.

Nowadays online advertising is a popular trend among all business owners. Online advertising has emerged as one of the most powerful tool of advertising. This is because the wide reach of Internet and online advertising websites.

The dependency of people over Internet has increased drastically. They now knock the doors of search engines or various online service providers in any specific domain of their interest. Therefore, having a powerful online presence helps business owners or online traders in getting more and more number of customers for their particular products and services.

 

Having powerful presence does not mean just owning a domain name and a website. You need to be easily noticeable and your potential customers should identify and get you easily. For that, you need to promote your online presence. It does not matter whether you are providing services of products online or not. Even if you are operating an offline business, you need to have your powerful identity over internet, so that the potential customers of your products and services segment can find you easily.

 

Online advertising helps businesses in targeting global customers. You can operate your business from anywhere in the world and serve your customers across globe if you have your powerful presence online. Therefore, online advertising serves your aspirations of getting global exposure within very short span of time.

 

Online promotion of your online identity, your products or services being offered by you is very cost effective. You do not have to spend lot of money for promoting yourself on internet. Your expenditure in online promotion is just a fraction of what you had to spend on traditional modes of advertising in popular print and electronic media. Therefore, cost effectiveness is the most important purpose behind stress on online advertising. Through online advertising people can expect maximum returns of their investments.

 

There are different forms of Internet Advertising. Banner advertising and pop-up ads are now matter of past. They are still present and equally popular as they were before, but now the stress is on search engines based advertising. People now understand that if they are getting top search engine ranks in almost every popular search engines, then no one can stop them from getting success in their business.

Financial accounting’s focus is on the financial reports distributed to people outside of the company. The major component of financial reporting is the financial statements: income statement, balance sheet, statement of cash flows, and the statement of stockholders’ equity. The income statement indicates a company’s profitability during a specified time period such as one year, three months or one month.

Under accrual accounting the income statement reports the amount of revenues earned and the expenses that were incurred to earn the revenues. Expenses also include costs that expired during the period of the income statement. If a corporation’s stock is publicly traded, the income statement will also report the earnings per share of common stock. The balance sheet reports a corporation’s assets, liabilities, and stockholders’ equity as of a specific instant, such as midnight of December 31. Most balance sheets will group all of the current assets and all of the current liabilities. This allows readers to easily see the corporation’s working capital and current ratio. The statement of cash flows organizes the explanations of the change in cash and cash equivalents into three sections: operating activities, investment activities, and financing activities. The statement of stockholders equity provides a summary of the changes occurring to stockholders’ equity during the accounting period. The changes include net income, dividends declared, purchase of treasury stock, and other comprehensive income.

In order for the readers of these financial statements to make comparisons with other companies, it is necessary that the financial statements follow some common rules. The rules are referred to as generally accepted accounting principles or GAAP (pronounced gap) and consist of several components. One component of GAAP is the basic or fundamental accounting principles and concepts such as cost, matching, going concern, economic entity, materiality, conservatism, consistency, reliability, and others.

Another part of GAAP includes the detailed rules established by the Financial Accounting Standards Board or FASB (pronounced fas Bee). These pronouncements are entitled statements of financial accounting standards. FASB interpretations are also part of GAAP. The accounting rules established by the predecessors of the FASB remain as GAAP unless they have been superceded by the FASB.

Lastly, GAAP includes industry practices. For example, the balance sheet of a public utility will list the plant assets ahead of its current assets. Unique reporting practices often occur in industries that are regulated by government agencies.

The financial accounting and financial reporting of publicly traded corporations also include the annual report to the Securities and Exchange Commission (Form 10-K), the annual report to stockholders, and various press releases on financial matters.
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Using an assistant agreement is vital when hiring a real estate assistant. It should describe the working relationship between you and the assistant. The first thing you should consider is whether he or she is an employee or working as an independent contractor. If you choose to have an employee you have to deduct taxes, social security and unemployment insurance from their pay. This involves a lot of record keeping on your part plus the added expenses you incur by having an employee…

So after consideration most agents that hire assistants choose the independent contractor status. You do not have to do any of the withholding. You just have to provide a 1099 form. There is no salary only a commission or fee as payment or services rendered payment. This fee will also be deductible on your taxes as an expense.. It would be wise to check with your accountant to see how to handle the payment schedule.

You should hire an assistant that has an active real estate license because if they don’t have one it will limit them to doing only what an unlicensed person can do. This will make a very big difference because there are many tasks that need a licensed agent to perform. Some of the requirements you should consider when interviewing an assistant would be having computer skills in programs such as Microsoft word, excel or comparable programs. If they don’t have a laptop computer you may have to provide one. Although it’s an expense the investment will prove well worth it.

Let’s talk about what else an agreement should do.

  • Define the work hours
  • Define commission or payment services
  • Explain what duties you expect from an assistant
  • Assist with showings
  • Assist with market value reports
  • Go on market value report appointments with you
  • Set Appointments
  • Do open houses
  • Record keeping
  • Mailings
  • Hand out flyers
  • Place signs for open houses
  • Make phone calls on your behalf
  • Prospecting for new business
  • Review the daily updates on the MLS
  • Preview new listings
  • Meet all of your clients and customers
  • A team player attitude

You must determine a payment schedule of how much, when and how often the assistant should expect payment. Your business growth should have a direct effect on commission increases for the assistant. A confidentially clause is important to have in your agreement. The assistant must know that what goes on between both of you stays confidential. Having this all on paper will set the guidelines. Your assistant will know their job description and their duties.. A real estate assistant agreement should protect both parties.

Introduction to the Topic

Australia is one of only a few countries with the capabilities to design cars from scratch and manufacture in significant volumes. Car sales in Australia are also an important factor of the Australian Automotive Industry and the Australian Economy in total.

The Australian Auto Industry (A.A.I. in short) can be divided into two interrelated sectors, the Production ( Manufacturing) sector and the Car Sales (or Import-Sales) sector, both equally important for the total performance of the A.A.I. On one hand, the Manufacturing sector refers to the market conditions under which Australian Manufacturing businesses compete, by producing vehicles and related products, with the main aim of maximizing profits. On the other hand, the Sales sector refers to the market conditions under which car representative sale businesses compete, by the sale of cars and related products, having the same aim with businesses within sector one.

It is very important to state the distinction between these two sectors within the A.A.I., as we will be talking about two different market structures, business strategies, competition conditions, e.t.c. In order to analyse these market structures it would be appropriate to develop two economic models, one for each A.A.I. sector.

1.1-Analyzing the Manufacturing Sector

There is only one market structure that can best describe the market conditions in the Manufacturing sector if A.A.I., this is Oligopoly. As there are only two organizations that produce cars in Australia, and these are Ford and Holden, the competition methods and pricing strategies are based between these two organizations. The following economic model shall help define the competition and economic conditions for the Australian Automotive Manufacturing market.

The first important characteristic of Oligopoly that needs to be stated is that prices between competitors tend to be “sticky”, which means that they change less frequently than any other market structure. This statement will be explained in more detail later on, when we will be developing the Game-Theory model, as it is a very important concept of competition. The second most important characteristic is that when prices do change, firms are likely to change their pricing policies together. These two characteristics can boost up competition within the market. Firms will either try to match rivals’ price changes or ignore them. This is depended on the Game-Theory that is explained bellow.

However, the recent market conditions for the Australian Automotive Industry and the actions of the Australian Government have worsen the competition conditions and possible pricing options available for firms in the market. The production and maintenance costs for a manufacturing business in Australia are already high and rising, mostly due to lack of economic resources and advance of technology. That is, as Holden and Ford try to compete each other, given that prices tend to be “sticky”, they are forced to focus on technological advantage and marketing. Both of these business sectors produce high costs. Furthermore, the Australian government has made it clear that is unwilling to further subsidize automotive organizations in the market. All these factors stated above produce a negative effect on the competitiveness of both firms. In other words, rising costs alongside with decreased revenue push firms in experiencing lower and decreasing levels of profitability.

Profitability and the level of competitiveness are highly interrelated in an oligopolistic market structure, being the two most important factors, alongside with product differentiation, in the competition policies that the firms follow. When we say that the level of competitiveness of a firm is very low, we mean that the firm cannot react effectively to any price changes or competition changes or even changes in production costs. This may leave the firm depended on its’ competitor’s pricing and competition actions, not being able to affect the market competitiveness at all. The firm is then exposed to external danger and can be pushed out of the market, or even worse to shut production and declare bankrupt.

1.2- The Game-Theory Model for Oligopoly

The Game Theory model is used to explain the pricing and competition policies of firms in an oligopolistic market structure. Furthermore, it can show the few different competition policies based on pricing that the two firms can follow, that is High and Low as stated above. All firms in this market structure follow a Game-Theory model, although it is surely more detailed than our example, in the process of trying to forecast competitors’ pricing and competition movements and also keep track of the competition levels in the market and market share. But how does this happen?

For example, let’s say that there are four different fields, each divided in half. These fields represent the pricing strategies that Holden and Ford may use in the process of competing each other. Field A and C represent a High-Pricing policy for Holden, while fields A and B represent a High-Pricing policy for Ford. Lastly, fields B and D represent a Low-Pricing policy for Holden, while fields C and D represent a Low-Pricing policy for Ford. When both firms decide to follow a High-Pricing policy they share a profit of, let’s say, $12 million. If Holden decided to move to a Low-Pricing policy it will experience a maximum of $15 million profit, while Ford’s profitability will fall to $6 million. The exact opposite may also occur, while if both firms decided to follow a Low-Pricing policy they would realize a maximum of $8 million of profit.

What we can identify from the above example is that firms in an oligopolistic competitive market rarely change their pricing policies because this may produce a negative effect on their profitability levels. However, Holden and Ford, being the only two firms in the Australian Automotive Industry, they will focus on competing through product differentiation and marketing. That is, they will try to compete by differentiating their products, for example by producing vehicles with different features, or even base their production on technological advantage. Marketing plays an important role here, as it is the main tool that delivers and connects the customer with product. For example, if Holden introduces a new driving technology that improves driving experience and safety and produces this technology alongside with a newly designed vehicle, it is quite likely that Holden will effectively differentiate its newly designed vehicle from a relative vehicle of Ford and lure more customers in the store. Holden may also use marketing techniques to deliver this technology to the public, in the form of knowledge; hence try to boost sales without changing its pricing policy. However, it is important to state that this new technology may produce higher production costs, if not evaluated properly; hence Holden can only rely in increasing its market share to gain greater profitability. The sales part, however, will be analyzed in more extend within the next chapter of this report.

The Game-Theory is not just a theory for the Automotive Industry in Australia, it’s a fact. It shows us that auto manufacturers in Australia have based their competition strategies on all the factors stated above and as much as they possibly can on pricing strategies. They may advertise that they have low prices, but in fact their prices are very stable. If we have a close look at Holden’s or Ford’s websites, we will identify that there is a huge variety of products and each firm competes in that. However, the new market conditions stated before have greatly changed the way auto manufacturers think of the future and this in turn may change their pricing and competition policies, or even determine their existence in the market.

2.1- Analyzing the Import/Sales Sector

While the auto manufacturers are considered to be operating in an oligopolistic market structure, importing and selling vehicles or relative products is a different story. The import and sale of vehicles is the second and equally important business sector of the Australian Automotive Industry. There are many different car selling businesses and we shall only consider first-hand sales, as second-hand sales in general are not included in economics and more specifically in GDP measurements. To enter the industry hard at all as there are not many barriers to entry, however someone who is interested needs to consider of the high costs in setting up an automotive dealership. All businesses in this market are mostly based on product differentiation to compete and while prices are not “sticky”, pricing competition is set up by the market mechanism and tends not to be considered a regular phenomenon. Lastly, cost analysis and cost management play a very important role. All of the above characteristics refer to the Monopolistic Competition Market Structure. In this market structure we will focus on two phases, the short-run phase and the long-run phase, each with different competition characteristics and outcomes.

An important factor that we need to state here is that when the costs of developing a vehicle in the manufacturing sector rise, then the cost for selling the vehicle for a dealership may rise as well. This is always depended of course on if the vehicle was produced in Australia and if it was produced overseas, under what economic conditions was it produced. Price might be “sticky” for manufacturers, however prices will change much easier in this sector if needs be. Here firms will change their pricing policies if costs either rise or fall and this is always depended on the market mechanism. The amount of competitiveness along with the amount of price elasticity of demand will depend on how many rivals the monopolistic competitive firm will have to face.

In such market the following situation is very common, a situation that helps us distinct between short-run and long-run:

Stage One

In this stage the firm experiences economic profits. However, this fact will draw new firms in the market causing the profits to be competed away.

Stage Two

The economic losses indicated in this stage will cause many firms to exit the market, as they cannot keep selling under these market conditions.

Stage Three

In the final stage, the market clears-up, or reaches equilibrium point. As all firms that needed to exit the market have done so, the market mechanism comes to the point where no economic profits/losses are realized by the firms. This is the point where the market is most stable.

Studying the situation above we can identify one very important fact for any monopolistic competitive firm in the Australian Automotive Industry/ Sales sector. That is that in this market structure, in the long run, firms will realize only normal profits and the market mechanism will eventually reach an equilibrium point. Hence, in the long-run firms will compete mostly through product differentiation. However, in the short run firms may experience economic profits or losses and this is what causes firms to enter or exit the market and “shows” firms how to compete and when to apply pricing competition policies.

Conclusion

The Australian Automotive Industry may be experiencing rough market conditions, mostly because there is no more government support; however competition and profit maximization is still possible. Thinking of moving overseas is not always a good option for the manufacturing businesses, as the Australian Economy needs the manufacturing sector, as it represents a reasonably big part of GDP.

Market competition conditions are well defined for every manufacturer or car dealership, hence any business in the market ought to use the available to them competition strategies and achieve higher market share and profitability level or stabilize its profitability levels. Either way, these are the main goals for almost every profit-motivated business in any market type under any market structure. However, every business ought to define the market structure that is operating in, so that it can then clearly define its goals, strategies and policies. The market mechanism is in all cases responsible for all the above strategies and most of the cases responsible for setting up pricing policies or indicating pricing and marketing strategies.

You may be wondering if the title of real estate consultant is a meaningful one, and if it indicates anything different from the same old licensed real estate brokers with a vested interest in the fate of a property. While it is true that anyone can call himself or herself a consultant, the term is not meaningless window dressing. For those who take their real estate consulting business seriously, it represents a different model, a different approach to real estate practice.

The first and most important difference is objectivity. Whereas a real estate broker typically is paid contingent on an outcome-in other words, they receive a commission-a real estate consultant is paid solely for their expertise. They have no stake in the outcome. Salespeople are paid only for getting a result-a sale. Real estate consultants are paid for their expert advice only, and by design have no stake in achieving a particular outcome to a particular transaction. This gives them the capacity to be more objective and inherently more trustworthy than a traditional real estate salesperson. Think about it-even the most honest salesperson will unconsciously try to steer you toward a sale. After all, that’s where their pay comes from-from selling! The consultant is paid the way other professional advisors or service professionals like CPAs are, with a retainer regardless of outcome.

Consulting can involve a variety of skills and areas of expertise. You can hire a consultant for legal advice, market research, or to locate possible properties to invest in, among other things. Since they are paid as much for their time if they advise you that there are no properties in an area worth investing in as if they advise you of dozens of viable properties, they have no stake in anything except giving you the best advice possible. After all, their future business depends on word-of-mouth endorsements from investors like you.

If you are looking for properties to invest in, a real estate consultant can tip you off to developer closeouts and bulk opportunities, equity partnerships, joint ventures, and possibly even some very unique and profitable turnkey investment opportunities. The consultant is selling information and expertise, and therefore can provide you with a layer of insulation between you and the people selling the properties. They can work out a lot of the details and business prospects of a property before you have to talk to a salesperson. Once you face the salesperson, you can approach the negotiation fully armed with an array of appropriate information, and thus avoid being bamboozled and negotiate from a position of strength.

If, on the other hand, you are selling properties, especially if you have a lot of properties to sell, a real estate consultant can help you create a strategy to sell the units before you get involved with actual salespeople, which can have many advantages. For example, you can sell a lot of properties in a relatively short time without creating the appearance of a bulk sale by having a real estate consultant distribute the properties among several different sellers.

 

Filipino music and art have both been influenced by the cultures that have migrated to this nation. The first type of music that developed in the Philippines was indigenous music brought here by native tribes that migrated from Taiwan. There are three basic groups of indigenous music styles: southern styles, northern styles and other styles. The southern style of music usually involves five different instruments including the kulintang, the agung, the gangdinagan, the dabakan and the babedil. The northern styles of indigenous music reflect Asian gong music. Their music usually features the unbossed gong called the Gangsa. In addition to the instruments used by southern and northern music styles, other instruments used in the Philippines include log drums, flutes, bamboo zithers and the Kudyapi.

Hispanic cultures from Spain and Mexico have greatly influenced the development of Filipino music. These cultures have introduced musical forms like the Harana the Kundiman and Rondalla. Most of these music forms developed as a result of the fusion between tribal music styles and traditional Spanish and Mexican music. Today the influence of Spain and Mexico is still present in modern Filipino music. Modern popular music in the Philippines still has a Hispanic flavor.

Filipino Art has its roots in indigenous traditions and colonial imports. Like most cultures, the Philippines have their own style of plastic arts like sculpture and painting. However, they also have their own style of movement arts like dancing. Some of the most notable artists from the Philippines include Fernando Amorsolo, David Cortes Medalla, Nunelucio Alvardao, Juan Luna, Felix Hidalgo and Rey Paz Contreras.

The professional title of producer is one of the most commonly misused titles in the music industry. This article will cover the three different types of music producers as well as the roles they play within the music industry and inside the recording studio.

What A Producer Isn’t

A producer isn’t a musician that makes his or her own music. The proper title for this position would be a musician, plain and simple. Producers also tend to work with a team of recording professionals, industry executives and reliable musicians to complete a recording project. Because the skills involved in managing a recording project take time to learn and are very demanding, someone who works on their own to create music isn’t typically considered a producer. The title of producer is often wrongfully associated with the roles of songwriters and general musicians.

Executive Producer

An executive producer is generally the person that funds the recording project. Executive producers also ultimately determine the direction of the recording project and carefully maintain the relationship between the artists or bands involved in the project and the record label that oversees the completion of the project. Executive producers essentially maintain the bridge between the record label and the recording artists as well as make sure that the project makes sense financially from a business perspective and a creative perspective.

Music Producer

A music producer typically spends a majority of their time creating or arranging music for the recording project. Music producers usually have a strong background in music theory and occasionally have degrees in music theory or music composition from established universities and colleges. Another job of the music producer is to make sure that the music within the recording project is of the highest possible quality and that the musicians involved in the project are making the best music they possibly can. Sometimes music producers are also given the task of maintaining communication between the artists and the record label executives, which is often a task that is more difficult than a lot of people within the music industry realize.

Engineering Producer

The engineering producer understands the technical aspects of the recording studio more than the other two types of producers. Engineering producers know how to work the recording console, setup the microphones for recording, use the recording software efficiently and effectively, and keep the recording project organized. A lot of engineering producers start out as either mixing engineers or assistant engineers to record label producers. They also tend to understand the technical aspects of recording and what it takes to make the music sound great from an engineer’s perspective.

 

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 agrees 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 realm of the authority that the Principal confers onto the Agent, and wherein furthermore the titleholder stipulates and agrees 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 know 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 breach their respective 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.

Pursuant 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 breaching a continuing duty of confidentiality, which the Real Estate Council found was owing 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 ultimately 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 commenced 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 pursuant 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 breached a duty of confidentiality owing 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 preclude or otherwise limit the evidence that the real estate brokerage would be compelled 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 prevented the firm from giving evidence in the lawsuit.

The Real Estate Council did not accept the line of defence and maintained that there exists a continuing duty of confidentiality, which extends after the expiration of the Listing Agreement. Council ruled 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 limitations to the attorney-client privilege, like for instance the fact that the privilege protects the confidential communication but not the underlying 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 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 underlying 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 debate, 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 inferred 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, whether the 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 entire matter is clarified perhaps 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.