Buyer Representation Agreements in Ontario: What Markham Buyers Should Know

By Michael John Lau, REALTOR®with Neeraj Moolchandani, REALTOR®Kaizen Real Estate Team, eXp RealtySeptember 24, 20267 min read
What is a buyer representation agreement in Ontario?It is a written agreement that makes you a client of a brokerage, so the agent can advise you, negotiate for you and keep your information confidential. Under Ontario's TRESA rules, brokerages can only provide services to clients under a representation agreement.

Many buyers are surprised when an agent asks them to sign an agreement before booking showings. It is not a sales tactic. Since TRESA Phase 2 took effect on December 1, 2023, the rules for working with a brokerage in Ontario have been clearer and stricter.

The Kaizen Real Estate Team explains the agreement line by line at the first meeting. Here is what every Markham buyer should know.

Client or Self-Represented Party

Under TRESA, you are either a client of a brokerage or a self-represented party. There is no in-between "customer" option anymore.

ClientSelf-represented party
Advice on price and strategyYesNo
Negotiation on your behalfYesNo
ConfidentialityYesNo
Written agreementRepresentation agreementAcknowledgment

Your agent must also give you the RECO Information Guide before providing services.

What to Check Before You Sign

  • Term. How long the agreement lasts. Shorter terms are fine to start.
  • Geographic area. Markham only, York Region, or wider.
  • Property types. Resale, new construction, condos, rentals.
  • Compensation. How your brokerage is paid, and what happens if a seller offers less.
  • Holdover period. What applies if you buy a home you saw during the term after it ends.
  • Representation type. Whether designated representation is offered if the brokerage also lists a home you like.

PARTNER PERSPECTIVE

Questions Are Welcome

Neeraj Moolchandani encourages buyers to ask about every clause before signing, especially compensation and the holdover period. A clear agreement makes for a smoother search.

If something does not fit, Neeraj Moolchandani adjusts the term, area or property type so the agreement matches how the buyer actually plans to shop.

Want a straight answer for your home? The Kaizen Real Estate Team gives Markham owners a clear, no-pressure plan. Call (647) 370-8885 or book a buyer consultation.

Can You Start Small?

Yes. Many buyers begin with a short term or a single property, then extend once they are comfortable. The agreement should fit how you want to work.

Why It Protects You

As a client, you get advice on price, strategy for multiple offers, and someone whose duty is to you. That matters most on offer night, when decisions are fast. See what representation includes on the buyer's agent page.

Frequently Asked Questions

Do I have to sign a buyer agreement to see a house in Ontario?
To receive advice and representation from a brokerage, you must be a client under a written representation agreement. Your agent will explain your options, including a short-term or single-property agreement.
Can I cancel a buyer representation agreement?
It depends on the terms you signed. Some allow cancellation by mutual agreement. Read the cancellation and holdover clauses before signing.
Who pays the buyer's agent in Ontario?
The agreement sets out compensation. Often the listing brokerage offers compensation that is shared, but amounts vary, so review how any difference would be handled.
Starting your search? Book a consultation and review the agreement together, clause by clause. Call (647) 370-8885 or book a buyer consultation.

Michael John Lau and Neeraj Moolchandani are REALTORS® with the Kaizen Real Estate Team, eXp Realty, Brokerage, 9763 Markham Rd, Markham, ON L6E 1A4. This article is general information, not legal, tax or financial advice. Rules and market conditions change; confirm details with the appropriate professional before acting.

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