Key takeaways
- The listing agent’s client is normally the seller; the buyer’s representative acts for the buyer.
- Ontario permits brokerage representation and designated representation, which handle conflicts differently.
- Multiple representation requires disclosure and informed written consent and limits the advice that can be provided.
- An unrepresented buyer should not mistake assistance from the seller’s agent for representation.
What does the listing agent do for the seller?
The listing agent helps market the property, arrange showings, assess offers and negotiate the sale within the services agreed with the brokerage. Their role is to protect and promote their seller client’s interests while complying with their legal obligations. [1]
That means an agent at an open house may be pleasant and helpful without being your adviser. If the agent represents the seller, information you share about your budget, urgency or negotiating limits may be relevant to the seller’s position.
Before discussing confidential details, ask directly whom the agent represents and what relationship they propose to have with you. Read the RECO Information Guide and any representation documents before deciding. [2]
What does a buyer’s agent do differently?
A buyer’s representative helps the buyer identify and assess properties, prepare an offer and negotiate terms, according to the agreed scope of services. The advice should address the buyer’s interests rather than the seller’s desired outcome. [1, 2]
For example, a buyer may want information about comparable sales, inspections, financing conditions and a closing date that works with their existing home. The representative can help coordinate those issues, while the lawyer advises on the contract and legal risks and the lender assesses financing.
An agent does not replace a lawyer, inspector, insurer or mortgage professional. Ask which matters require separate advice rather than assume one person is responsible for every part of the purchase.
What are brokerage and designated representation?
Ontario has two representation models. Under brokerage representation, the brokerage and its agents represent the client. Under designated representation, specified agent or agents within the brokerage are designated to represent the client, while the brokerage has different obligations to treat the clients impartially and objectively. [1]
This matters when the same brokerage is involved with both sides or with competing buyers. Two agents sharing an office do not automatically create the same conflict under every model.
Read the agreement to find out which model applies and who your designated representative is, if there is one. Do not infer the relationship from a business card or the logo on the listing.
Can the same agent represent both sides?
That can create multiple representation, which is restricted and requires the prescribed disclosure and consent. The conflict may also arise between competing buyer clients. The exact trigger depends on the representation model. [3]
In multiple representation, the brokerage or designated representative must treat the competing clients objectively and impartially. They cannot advise those clients about the price to offer or accept or the terms to include in the purchase agreement. This substantially reduces the advocacy available to each client. [3]
You do not have to agree to multiple representation. Ask what your agreement provides if you decline, including whether another representative can be appointed or you need a separate brokerage for that transaction. Make the decision before relying on advice in a competitive offer situation.
What if I want to buy without my own agent?
Ontario allows a person to act as a self-represented party. The seller’s agent may provide defined assistance, but cannot become your adviser while treating you as unrepresented. The agent has duties to explain the relationship and the limits of any assistance. [4]
Do not assume that dealing directly with the listing agent means you have secured independent advice or automatically negotiated a commission saving. Those are separate contractual and financial questions.
Obtain your own legal advice before signing an offer. If you decide you want an agent’s representation, establish that relationship clearly and check for any existing buyer-representation agreement that could affect fees.
What should I check before signing with a brokerage?
Check the properties or area covered, services promised, expiry, termination provisions, holdover period and payment terms. Confirm who represents you and what happens if a conflict arises. [1]
Verify the agent and brokerage on RECO’s public register. Then ask the agent to explain any part of the agreement you do not understand. A broad agreement can have consequences beyond the one viewing or property you had in mind.
About the author — Sarujan Kanapathipillai
Sarujan Kanapathipillai is the Chief Executive Officer of iClosed, an Ontario real estate law firm serving buyers and sellers across the Greater Toronto Area, and writes on the practical side of closing a home. He is not a licensed lawyer. This article is general information about Ontario law and practice, not legal advice. It does not create a lawyer-client relationship. For advice on your own transaction, speak with a licensed Ontario real estate lawyer.
Sources
- RECO — Signing a contract with a real estate brokerage. — https://www.reco.on.ca/consumers/things-you-need-to-know/signing-a-contract-with-a-real-estate-brokerage/
- RECO — Information Guide. — https://www.reco.on.ca/getmedia/74c963f7-09b2-41a3-9613-7667ca9aa57b/RECO-Information-Guide-Print-Version.pdf
- RECO — Understanding multiple representation. — https://www.reco.on.ca/consumers/things-you-need-to-know/understanding-multiple-representation/
- RECO — Bulletin 2.4 Dealing with a self-represented party. — https://www.reco.on.ca/agents-and-brokerages/reco-bulletins/reco-bulletin-2-4-dealing-with-a-self-represented-party/
This article provides general information about Ontario law and closing practice as of October 26, 2026. It is not legal or tax advice and does not create a lawyer-client relationship. Your agreement of purchase and sale, your lender’s instructions and your own circumstances control what applies to you. Rates, thresholds and rules change — confirm current figures before relying on them.