News Bulletin - February 16, 2024

Call for 2024 Nominations for the Board of Directors
Properties Occupied by Residential Tenants
The Difference Between Trading in Real Estate and Unregulated Activities

Call for 2024 Nominations for the Board of Directors

The Commission is accepting nominations for one licensee to join the Board of Directors. Licensees nominate themselves by completing and submitting the Nomination Form. The deadline for nominations is Tuesday, March 26, 2024 at 4 p.m. A virtual election will be held in April. The successful candidate will be announced at the AGM on April 25.

To be eligible to serve as a member of the Commission, a licensee shall:
(a) Hold a valid real estate licence;
(b) Not have been convicted of an offence pursuant to the Act, the Regulations, or the By-law resulting in
(i) a disciplinary suspension within the past 10 years; or
(ii) a disciplinary licence restriction; or
(iii) a fine greater than $500 within the past two years; or
(iv) a fine of $500 or less within the past year. 
(c) Not be a director, officer, board member or employee of another real estate organization whose role is to defend the interests of the industry.

The Board of Directors meets five times annually. The successful candidate will fill a three-year term on the Board of Directors and may also serve on other committees.

If you have questions, please email Peggy Kell at This email address is being protected from spambots. You need JavaScript enabled to view it..

Properties Occupied by Residential Tenants

Licensees working with sellers and buyers of occupied residential rental properties need to ensure that the requirements of the Residential Tenancy Act are followed.

When working with seller landlords, licensees must ensure that showings are conducted in accordance with the rights of residential tenants. Licensees may enter a rental unit with the authorization of the landlord only under set conditions. The licensee may be required to provide proof to the tenant that they have been authorized by the landlord to enter the unit. The landlord must give the tenant a minimum of 24-hours’ written notice of the viewing and the viewing may only occur during daylight hours. To hold an open house, the tenant must consent to the open house.

When working with buyers of residential rental properties, licensees need to ensure that any advice they provide their buyer clients regarding residential tenancies complies with the requirements of the Residential Tenancy Act. This includes how to correctly issue a notice to quit to residential tenants after the property changes hands. Under no circumstances may a licensee advise their buyer clients of ways to circumvent the requirements of the Residential Tenancy Act regarding the eviction of tenants. Any licensee who is found to have done so would be considered to be engaging unprofessional conduct under the Real Estate Trading Act may find themselves under investigation and subject to disciplinary action by the Commission.

Additional Resources:
Residential Tenancy 
Residential Tenancy Regulations
Residential Tenancy Polices
Residential Tenancy Program

The Difference Between Trading in Real Estate and Unregulated Activities

Trading in Real Estate
Simply put, trading in real estate is acting on behalf of a consumer to buy or sell real property, which includes land and any dwellings attached to or included with the land, such as houses, apartment buildings, condominiums, commercial space and mobile homes. Trading also includes commercial leasing and commercial property management.

Holding a real estate licence authorizes you to trade in real estate in Nova Scotia as it is defined in the Real Estate Trading Act.

Unregulated Activities & Why Knowing the Difference is Important
Trading does not include residential leasing or property management, facilitating a new construction on already owned land, the purchase or sale of mini/mobile homes without land, or the purchase or sale of businesses without land.

Licensees are allowed to engage in unregulated activities, but when advertising or providing such services, a licensee must clearly explain to consumers that those services are outside the scope of trading in real estate, which comes with an increased risk. If a licensee engages in unregulated activities on behalf of a consumer, they must ensure the consumer is aware that the services being provided are outside their scope as a real estate licensee.

When engaging in unregulated activities licensees are not permitted to use Commission forms or indicate in any way that the Recovery Fund or Errors and Omissions Insurance applies.