REALTORS® are governed by the legal concept of “agency.” An agent is legally obligated
to look after the best interests of the person he or she represents. The agent must
be loyal to that person. A real estate brokerage may be your agent – if you have clearly
established an agency relationship with that REALTOR® with a representation
agreement. But often, you may assume such an obligation exists when it does not.

REALTORS® believe it is important that the people they work with understand when an agency
relationship exists and when it does not and understand what it means.



Honesty and Integrity

Most real estate professionals in our province are Members of the Ontario Real Estate
Association (OREA) and Oly members of OREA can call themselves REALTORS®

When you work with a REALTOR®, you can expect strict adherence to provincial laws, which
includes a Code of Ethics. That code assures you will receive the highest level of service,
honesty and integrity. Highest Professional Standards Before receiving a real estate registration,
candidates must successfully complete an extensive course of study developed by OREA on
behalf of the Real Estate Council of Ontario. That is only the beginning: in the first two years of
practice, registrants are required to successfully complete three additional courses as part of
their articling with an experienced broker. In addition, all registrants must continue to attend
courses throughout their careers in order to maintain their registration.

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In real estate, there are different possible forms of agency relationship:



Seller representation

When a real estate brokerage represents a seller, it must do what is best for the seller of a
property. A written contract, called a listing agreement, creates an agency relationship between
the seller and the brokerage and establishes seller representation. It also explains services the
brokerage will provide, establishes a fee arrangement for the REALTOR®’s services and
specifies what obligations a seller may have. A seller’s agent must tell the seller anything known
about a buyer. For instance, if a seller’s agent knows a buyer is willing to offer more for a
property, that information must be shared with the seller. Confidences a seller shares with a
seller’s agent must be kept confidential from potential buyers and others. Although confidential
information about the seller cannot be discussed, a buyer working with a seller's agent can expect
fair and honest service from the seller’s agent and disclosure of pertinent information about the
property.



Buyer representation

A real estate brokerage representing a buyer must do what is best for the buyer. A written
contract, called a buyer representation agreement, creates an agency relationship between
the buyer and the brokerage, and establishes buyer representation. It also explains services
the brokerage will provide, establishes a fee arrangement for the REALTOR®’s services
and specifies what obligations a buyer may have. Typically, buyers will be obliged to work
exclusively with that brokerage for a period of time. Confidences a buyer shares with the buyer’s
agent must be kept confidential. Although confidential information about the buyer cannot be

disclosed, a seller working with a buyer’s agent can expect to be treated fairly and honestly.

Multiple representation

Occasionally a real estate brokerage will represent both the buyer and the seller. The buyer
and seller must consent to this arrangement in writing. Under this multiple representation
arrangement, the brokerage must do what is best for both the buyer and the seller. Since the
brokerage’s loyalty is divided between the buyer and the seller who have conflicting interests,
it is absolutely essential that a multiple representation relationship be properly documented.
Representation agreements specifically describe the rights and duties of everyone involved and
any limitations to those rights and duties.



Customer service

A real estate brokerage may provide services to buyers and sellers without creating buyer or
seller representation. This is called “customer service.” Under this arrangement, the brokerage
can provide many valuable services in a fair and honest manner. This relationship can be set out
in a buyer or seller customer service agreement. Real estate negotiations are often complex and a
brokerage may be providing representation and/or customer service to more than one seller or
buyer. The brokerage will disclose these relationships to each buyer and seller.



Who's working for you? It is important that you understand who the REALTOR ® is working
for. For example, both the seller and the buyer may have their own agent which means they each
have a REALTOR® who is representing them. Or, some buyers choose to contact the seller's
agent directly. Under this arrangement the REALTOR ® is representing the seller, and must
do what is best for the seller, but may provide many valuable customer services to the buyer. A
REALTOR® working with a buyer may even be a “sub-agent” of the seller. Under sub-agency,
both the listing brokerage and the co-operating brokerage must do what is best for the seller
even though the sub-agent may provide many valuable customer services to the buyer. If the
brokerage represents both the seller and the buyer, this is multiple representation.

Code of Ethics

REALTORS® believe it is important that the people they work with understand their agency
relationship. That’s why requirements and obligations for representation and customer service
are included in a Code of Ethics which is administered by the Real Estate Council of Ontario.
The Code requires REALTORS® to disclose in writing the nature of the services they are pro-
viding, and encourages REALTORS® to obtain written acknowledgement of that disclosure.
The Code also requires REALTORS ® to submit written representation and customer service
agreements to buyers and sellers