Working with a real estate agent:

Things you need to know

RECO INFORMATION GUIDE

The guide is produced by the Real Estate Council of Ontario (RECO)

RECO regulates real estate agents and brokerages, educates consumers,
and promotes a safe and informed real estate marketplace. RECO administers
and enforces the Trust in Real Estate Services Act, 2002. Find out more on the
RECO website (www.reco.on.ca).
About this guide
You have received this guide from a real
estate agent because: In this guide:
• brokerage means a real estate brokerage
• you are considering receiving services from
the real estate agent, or • real estate agent and agent mean a real
estate salesperson or broker
• the agent is representing a client in the
transaction, and you might receive assistance • you and client mean a buyer or seller
from the agent. • buyer and seller can also mean lessee and
lessor respectively
Real estate agents in Ontario are required to
walk you through this guide before providing
services or assistance to you.

Please read the guide carefully and talk to the agent if you have questions.

What’s inside
Working with a real estate agent — page 2
This section describes the benefits of working with a real estate agent, what you can expect,
and the responsibilities of clients.

Know the risks of representing yourself — page 4

This section explains the risks if you choose not to work with a real estate agent and the risks of
receiving assistance from a real estate agent who is working for the person on the other side of
the transaction.

Signing a contract with a real estate brokerage — page 6

When you work with a real estate agent, you sign a contract with the brokerage the agent works
for. These contracts are called representation agreements. This section highlights what you should
look for before you sign.

Understanding multiple representation — page 9

Multiple representation means the brokerage, or the agent represents more than one client in the
same transaction. This section explains how multiple representation works, the risks, and what to
expect if you agree.

How to make a complaint — page 11

Ontario brokerages and real estate agents are accountable for their conduct. This section tells you
how to raise a concern with the brokerage and with RECO.

Legal disclaimer: The content of the RECO Information Guide is intended to help buyers and
sellers make informed decisions. This guide is not intended to act as a substitute for legal advice
or as a replacement for the Trust in Real Estate Services Act, 2002. Readers are encouraged to
retain qualified and independent legal counsel to answer any legal questions or address any legal
issues. Where there is any discrepancy, the legislation will take precedence.

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Working with a real estate agent
Agents in Ontario must be registered, which requires completing the necessary education,
and carrying consumer deposit insurance and professional liability insurance.

Real estate agents provide valuable information, advice, and guidance to buyers and sellers
as they navigate the complexities of real estate transactions.

If you are a seller, an agent can: If you are a buyer, an agent can:
• Advise you on market conditions and the • Assist you with getting pre-approvals for
best strategy to attract buyers and get the financing so you know how much you can
best price for your home afford
• Market or advertise your home, including • Make you aware of any tax exemptions
arranging photographs, videos and virtual you might be eligible for
tours • Gather and share information about
• Provide referrals to other professionals you’ll neighbourhoods and homes that meet
need, like a lawyer or home staging company your requirements, and arrange to show
• Arrange and attend home inspections and you homes you’d like to see
appraisals • Make inquiries about zoning, permitted
• Arrange showings for interested buyers property use, or other aspects of the home

• Advise you on how to handle competing • Advise you on the best approach in
offers, sharing the content of competing competing offer situations and how
offers, and other aspects of the transaction to protect your offer information

• Vet offers and potential buyers to ensure • Negotiate with sellers to achieve the best
they can afford to buy your property results, price, and terms, for you

• Negotiate with buyers to achieve the best • Guide you through paperwork and closing
results, price, and terms, for you the transaction successfully

• Guide you through paperwork and closing • Provide referrals to other professionals you’ll
the transaction successfully need (for example, home inspectors, lawyers,
or contractors)

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You will also benefit from the duties the brokerage and
agent owe to you as a client
• Undivided loyalty
Your best interests are promoted and protected by the brokerage or agent representing you.
As a client, your interests take priority over the interests of the brokerage, its agents, and any
other party.

• Disclosure
They must tell you everything they know about the transaction or your client relationship that
could have an impact on any decisions you make.

• Confidentiality
Your confidential information cannot be shared with anyone outside of the brokerage without
your written consent, except where required by law, even after your client relationship ends.
This includes, for example, your motivation for buying or selling, and the amount you would
be willing to pay or accept.

• Avoid conflicts of interest

They must avoid any situation that would affect their duty to act in your best interests. If a
conflict arises, they must disclose it to you and cannot provide any additional services to you
unless you agree in writing to continue receiving services.

You have responsibilities as a client

You need to:

• be clear about what you want and don’t want and make sure you share all information that
might be relevant (for example, you might want zoning that permits your intended use, maybe
a home office or another specific use, or you might not want a property where there has been a
violent crime);
• respond to your agent’s questions quickly;
• understand the terms of your agreement with the brokerage; and,
• pay the fees you have agreed on (see page 7), even if an agreement to buy or sell later falls
through because of your default or neglect.

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Know the risks of
representing yourself

If you are involved in a real estate transaction and are not a client of a real estate brokerage, you
are considered a self-represented party. This means that you have chosen to represent yourself,
which has different rights and responsibilities. Very few buyers or sellers make this choice.

There are significant risks to representing yourself in a real estate transaction if you do not have
the knowledge and expertise required to navigate the transaction on your own. You will be dealing
with a seller or buyer who is benefitting from the services, opinions, and advice of an experienced
real estate agent.

RECO recommends that you seek independent professional advice before you proceed as a
self-represented party.

If you choose not to work with a real estate agent, it will be your responsibility to look after your
own best interests and protect yourself. This may include things like:

• making inquiries about zoning, permitted property use, or any other aspect of the property;
• determining what you believe to be the value of the property you are buying or selling;
• determining how much you are willing to offer or accept;
• navigating competing offer situations;
• deciding what terms you want to include in an offer or agreement of purchase and sale; and,
• preparing all documents.

The real estate agent is working for another party

in the transaction
It’s important to be aware that the agent has a legal obligation to act in the best interests of the
person on the other side of the transaction. If you are a buyer or even just inquiring about the
property, for example, and the agent is working for the seller — the agent has a duty to do what’s
best for their seller client.

Be aware that the agent is obligated to share anything you tell them with their client, which might
not be in your best interests to tell them, including:

• your motivation for buying or selling the property;

• the minimum or maximum price you are willing to offer or accept; and,
• your preferred terms or conditions for an agreement of purchase and sale.

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The agent cannot: Any assistance the agent offers you:
• provide you with any services, opinions, or • is a service to their client, not you;
advice; • is in the best interests of their client, not you;
• do anything that would encourage you to rely and,
on their knowledge, skill, or judgement; or, • is to help their client sell or buy a property.
• encourage you to represent yourself or
discourage you from working with another
real estate agent or brokerage.

The agent must give you RECO’s Information and Disclosure to Self-represented Party form and
walk you through it before they can provide you any assistance. You will be asked to confirm you
received it and understand what it means to be a self-represented party.

You have the right to change your mind

If you’re concerned about completing a transaction on your own, or you need advice from a real
estate agent, you can choose to become a client of a real estate brokerage at any point during the
transaction (see Signing a contract with a real estate brokerage on page 6).

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Signing a contract with
a real estate brokerage

When you become a client, you sign a

representation agreement with the brokerage There are two kinds of representation
— a contract between you and the brokerage agreements in Ontario:
for real estate services and representation.
If you don’t want to sign an agreement, you
Brokerage representation:
should not expect the real estate agent to The brokerage and all its agents represent
provide you with any services, like showing you and must promote and protect your
you homes. best interests, but one of the brokerage’s
real estate agents may be your primary
Representation agreements can be called contact. They may provide referrals to other
buyer representation agreements, or seller professionals you’ll need (for example, home
representation or listing agreements. inspectors, lawyers, contractors).
Your agreement must be put in writing
and presented to you as soon as possible. Designated representation:
Protect yourself by reviewing the agreement One (or more) of the brokerage’s real estate
in detail. This will help to avoid any agents is your designated representative.
misunderstandings between you and The agent(s) represent(s) you and must
your real estate agent. promote and protect your best interests.

The brokerage and its other agents are required

What to look for in a to treat you impartially and objectively.

representation agreement An important aspect of designated

representation is that it reduces the likelihood
Your representation agreement should describe of multiple representation. You can read
the duties owed to you, the services you more about this in Understanding multiple
will receive, your rights and responsibilities, representation on page 9.
what you will pay, and specific terms of the
agreement, including how long the agreement
will last and whether you can cancel it. Designated representation was introduced
in Ontario on December 1, 2023. Ask the real
Here are some key things to look for. estate agent what type of representation the
brokerage offers.
Name of your designated
representative
If the contract is a designated representation agreement, the name of your designated representative
will be included. More than one real estate agent working at the brokerage can be identified as your
designated representative.

Scope
Your agreement should specify the scope of the engagement. If you are a seller, this means the
agreement will identify the specific property.

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If you are a buyer, you should consider the scope of the agreement carefully. Your agreement
might identify a specific property, a geographic area you are searching in, a type of property you
are looking for, or other specific requirements. For example, if you are looking for both a house in
a particular city, and a cottage property near a lake, and want to work with different real estate
agents with local and property type expertise for each property, the scope should be clear in each
of the agreements to avoid disputes about who you might have to pay if you buy a property.

Services
The agreement must clearly set out the services you will receive. There is no standard set of
services — brokerages offer a variety of service options. You choose the services you want that
best meet your needs.

You might enter into an agreement with a brokerage for a specific purpose like, for example,
having an agent prepare an offer on a property you want to buy, or viewing a specific property.
Some sellers enter into an agreement solely for the purpose of having their property advertised
on a local listing service.

Ask the real estate agent about the available services or combination of services that may be right
for you and your situation. If there are specific services you need or expect to receive, make sure
they are included in the agreement or as a schedule to the agreement. Don’t assume a particular
service will be provided if it’s not included in the agreement.

Payment amount and terms

You and the brokerage decide the amount you will pay for services. The amount is not fixed or
approved by RECO, any government authority, or any real estate association or real estate board.

You can agree to pay a fixed dollar amount, a percentage of the sale price, or a combination of
both. The representation agreement cannot specify an amount based on the difference between
a property’s listing price and what it sells for.

Agreements must also identify circumstances in which the amounts agreed to might change and
how they will change in each circumstance.

If you are a seller: If you are a buyer:

Your agreement needs to clearly indicate: Your agreement needs to clearly indicate:
• the amount you agree to pay your brokerage • the amount you agree to pay your brokerage
(or how it will be calculated) for the services (or how it will be calculated) for the services
and representation you receive; and representation you receive;
• the amount (or how it will be calculated) you • how the amount you agree to pay will change
agree to pay, if any, to compensate the buyer if the seller agrees to cover some or all of your
for their brokerage fees; and, brokerage fees; and,
• how the amounts you agree to pay might • how the amount you agree to pay
change if you consent to multiple might change if you consent to multiple
representation (see page 9). representation (see page 9).

Important note for buyers: A seller might not offer any amount to cover the fees you owe to your
brokerage under your agreement. This could affect the amount you are able to offer for a property.
Depending on your financial circumstances, you may not be able to afford to buy a property when
the seller does not agree to pay your brokerage fees.

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Termination provisions
The agreement should list all circumstances when the agreement can be terminated. Review when
the brokerage can terminate the agreement, and make sure you are aware of any penalties or costs
that might apply in each case.

Two important circumstances to be aware of:

• Multiple representation: You do not have to agree to multiple representation, and your
agreement should be clear about what happens in that situation. For example, the agreement
could terminate completely, or you might be referred to another brokerage or designated
representative for the specific transaction but otherwise remain under the agreement with
the brokerage.
• Changing your designated representative: If you have entered a designated representation
agreement, the brokerage cannot appoint a different designated representative unless you
agree. The brokerage may ask to appoint someone else if, for example, your designated
representative stops working with the brokerage, or is otherwise not available to provide
the services and representation outlined in the agreement.

Expiry date
The agreement’s expiry date must appear prominently on the first page. There is no set time or
standard term for a representation agreement: it can be in place for a day, a few weeks, or months.
Consider how long you want the agreement to remain in place, and make sure you know when your
agreement will expire. Keep in mind that a holdover clause could mean you owe money even after
the expiry of the agreement.

Holdover clause
Most representation agreements include what is often called a holdover clause. The clause may
require you to pay the brokerage fees for a purchase or sale even when the transaction happens
after your representation agreement expires. The clause will specify the time the holdover clause
is in effect from the date the agreement expires.

A holdover clause is designed to protect the brokerage, and there is no minimum or set time for a
holdover period. If your agreement includes a holdover clause, make sure you agree to the length
of the holdover period before you sign it.

For example, let’s say you are a seller, and your agreement includes a 30-day holdover clause.
This means that even if your agreement has expired, under certain conditions, you might be obligated
to pay the brokerage commission if you sell your home during the 30-day holdover period.

Similarly, assume you enter into a buyer agreement that includes a 30-day holdover clause and
the agent shows you a home before the expiry of the contract. If you buy the home after the
expiry of the agreement, but during the holdover period, you might be obligated to pay the
brokerage commission.

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Understanding
multiple representation

Multiple representation means a designated representative or brokerage represents more than one
client, with competing interests, in the same transaction. This can happen in different ways, depending
on the type of representation agreement you and the other clients have with the brokerage:

Brokerage representation: Designated representation:

Multiple representation exists when the Multiple representation exists when the same
brokerage represents both the buyer and real estate agent is the designated representative
seller in the same transaction, or two or more for both the buyer and the seller in the same
competing buyers interested in the same transaction, or for two or more competing buyers
property — even when the clients are working interested in the same property.
with different real estate agents.

Multiple representation is not permitted unless each of the clients involved agrees. You should seek
independent professional advice (for example, from your real estate lawyer) before proceeding.

The brokerage or your designated representative has a duty to promote and protect your best
interests and avoid conflicts of interest. If your brokerage or designated representative enters
into an agreement with another client who has an interest in the same property as you, this places
both clients in multiple representation. Multiple representation introduces risks you and the other
client should consider.

It’s important to understand the risks. If you agree to multiple representation, the brokerage
or designated representative:

• Must treat each of the clients involved in an objective and impartial manner;
• Cannot maintain undivided loyalty to you or promote and protect your interests over the
interests of the other client; and,
• Cannot offer advice to you about such things as the price you should offer or accept or terms
that should be included in an agreement of purchase and sale.

What to expect before you agree to multiple representation

The brokerage is required to provide you with a written disclosure that explains:

• how the brokerage’s duties or the designated representative’s duties to you will change;
• the differences in the services you will receive; and,
• any change to how much you pay the brokerage.

Until this information is disclosed in writing to all clients in the transaction, and they all agree in
writing, the brokerage or designated representative cannot take any further steps on behalf
of any of the clients.

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Confidential information you provided to the brokerage or the designated representative when
you were represented cannot be shared without your written consent.

You can refuse multiple representation

If you don’t agree, the brokerage or your designated representative is not allowed to proceed.

Ask the brokerage or real estate agent about alternatives to multiple representation. For example,
if you are a buyer, the brokerage could refer you to another brokerage or another designated
representative to help you make an offer on the property.

Agreeing to multiple representation significantly reduces what the brokerage and its agents can
do for you, which could have consequences and costs.

A note about content of other offers

You may have seen articles in the media about open bidding, or an open offer process.

Buyers in Ontario who have made an offer on a property are entitled to know the number of
competing offers. Sellers choose how much other information, if any, they want to share about
the offers they receive.

If you are a seller: If you are a buyer:

• You decide how much information you • You decide whether you want to participate
want to share about the competing offers. in a process where the content of your offer
• Your agent will advise you based on the might be shared with other buyers.
characteristics of your property, market • Your agent can tell you the steps to take
conditions, the content of the offers you to avoid having the content of your offer
receive and other things. shared with other buyers.
• You need to provide clear written direction • Be aware that the seller can make the
to your agent before the content of any decision to share the content of offers at
offers can be shared. Personal or identifying any time. You may not know in advance.
information contained in offers cannot
be shared.

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RECO INFORMATION GUIDE
How to make a complaint
Brokerage firms and real estate agents working in Ontario must be registered with RECO.
Ontario brokerages and real estate agents are accountable for their conduct. If you have a concern:

First, contact your brokerage

In many cases, your brokerage will be able to mediate or resolve your complaint about a real estate
agent or the services provided under your representation agreement. Search for the brokerage in
RECO’s Public Register to find the name of the broker of record (the person responsible for ensuring
the brokerage complies with the law) and their contact information. Note that the brokerage cannot
ask you to sign an agreement that requires you to withdraw a complaint to RECO or prevents you
from making one.

Contact RECO
To file a complaint with RECO about a brokerage or real estate agent, visit the complaints section
of the RECO website. The website explains the complaints process, possible outcomes, and how
to file your complaint. RECO will review the issue, determine if it has the authority to deal with it,
and what next steps, if any, it will take.

Real Estate Council of Ontario

3300 Bloor Street West
Suite 1400, West Tower
Toronto, ON Canada M8X 2X2

Phone: 416-207-4800
Toll Free: 1-800-245-6910
Consumer inquiries: [email protected]
www.reco.on.ca

Where to get more information

For more information about buying and selling property in Ontario: RECO’s website.
For the legislation that governs brokerages and real estate agents trading in real estate
in Ontario: Trust in Real Estate Services Act, 2002.

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Acknowledgement

Real estate agent name

Brokerage name

Date guide was provided Signature of real estate agent

I acknowledge the real estate agent named above provided the RECO Information Guide to me and
explained the content.

Buyer/seller name Buyer/seller name

Signature of buyer/seller Signature of buyer/seller

Date Date

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