What is the test for determining the fairness of a transaction in real estate transactions?
Saskatchewan, Canada
The following excerpt is from Dyck v. Modge Real Estate Ltd. and Robinson, 1980 CanLII 2019 (SK QB):
See also Stahl v. Miller (1917-18), 1918 CanLII 25 (SCC), 56 S.C.R. 312, at 322: The fairness of the transaction is immaterial; and the agent might be acting with the best of good faith; but it does not make any difference, because an agent will never be allowed to place himself in a situation in which, under ordinary circumstances, he would be tempted to do that which is not the best for his principal.
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