Disputed Data Sept 28/ 2011. Permissions, Supervision/Interpretation and Recourse

Actually: It’s about Permissions, Supervision/Interpretation and Recourse –

Dear NatPost,

Thanks for coverage of http://business.financialpost.com/real-estate/treb-takes-housing-data-dispute-to-supreme-court-says-federal-ruling-violates-rights-of-real-estate-clients

No one seems to really understand how badly TREB’s lawyers have bungled this by responding to the crypto-rebels points and characterisations (slanted to make their case look “nice and public-spirited”)
When in fact, these scofflaw complainers, signed onto the same data-distribution rules as everyone else – and now hope to become data-resellers (create profit centre apart from sales/service) of data/info that 1)  they ONLY have access to BECAUSE of their membership and 2) they did not build …. they just see a way to exploit.
cont’d ### Reposted of my 2011 points to our Regional Mgr on FB

Weak Argument by TREB : see below

Okay Ok, I know it’s an appeal and there are rules/limits restrictions on what can be objected to – but why didn’t you smarten up/make a better case earlier?

Actually: It’s about Permissions, Supervision/Interpretation and Recourse –

While walking my dogs on 09/28/11 I BBerry’d to Polzler, Michael in response to an alert he had sent as Ontario-Atlantic Re/MAX honcho 

Great memo!
To me it boils down to:
#1 “permissions” ie what is the legal relationship btwn the VOW(Virtual Office Website) broker and the public-info-gathering person? Client? Customer Service? Or nothing but an email address? and what is the influence/control that the VOW has on the Future-use of the data that its “USER” has in mind?

Zero – is the answers

And #2 Supervision and recourse.
My seller expects his/her data to be handled/interpreted by a registrant – one w legislated accountability and against who legal recourse is available (and w insurance if necessary).

Comp bureau has it wrong w their “bricks and mortar” characterisation – the contrast is btwn registered supervision and data interpretation vs bulk-download data transfer.

We have ways set ‘trading rules” at TREB, CREA, now RECO – all members agreed as part of m/ship

Why is gov’t Bureau/CompBureau championing the cause of registrants who want to simply defy the rules they agreed to upon entry?

For Example – can lawyers “push the envelope” any way other that by agreement through their association? Can doctors? Accountants? Auto Garage operators? Swimming pool installers?

Of course not.

In every business there are always those willing to do a less-complete job for less money.
The public that buys ‘price’ only finds out what they “didn’t get” after the fact…
Too late to correct & with non-registrants as service-provider …..little they can do about it.

Against who/what and how will an outraged/injured/compromised TREB member’s seller/buyer take recourse if their “not-public-yet” info gets used against them ….. WITHOUT THEIR EXPLICIT PERMISSION.

Can they sue the Competition Bureau for forcing TREB to do what it DID NOT WANT TO DO ?!?


Robert Ede,
Sales Representative,
RE/MAX Hallmark Realty Ltd.,
685 Sheppard Ave East Ste 401
Toronto, ON CAN M2K 1B6
T. 416.494.7653
Direct 416.819.7333

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