Buyer Rights Under TRESA Phase 2

One-page checklist for Ontario home buyers — bring this to a showing, an offer night, or any meeting with a brokerage.

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1. Are you a client or a self-represented party?

  • Client: you have signed a written representation agreement with a brokerage. You are owed full fiduciary duties — advice, opinion, advocacy, confidentiality.
  • Self-represented party (SRP): you have not signed a representation agreement. The brokerage owes you honesty and fairness only — no advice, no negotiation strategy, no confidentiality.
  • Decide your status before you discuss price, motivation, or strategy with anyone at the brokerage.

2. Ask for the RECO Information Guide — in writing

  • Every brokerage must give you the RECO Information Guide before providing services, whether you become a client or an SRP.
  • The guide explains client vs SRP status, multiple representation, and designated representation in plain language.
  • If no one offered it, ask: “Please send me the RECO Information Guide before we go further.”

3. Get the representation agreement in writing

  • Before the brokerage provides client-level services, it must enter into a written buyer representation agreement with you.
  • Confirm in the document: brokerage name, term, geographic area, property types, commission, and how a holdover period works.
  • Verbal promises do not count. If it is not in the agreement, assume it does not apply.

4. Designated representation election

  • If your brokerage may also list the property you want to buy, ask whether they offer designated representation (one named agent for each side) or default to multiple representation.
  • Designated representation must be elected in writing in your representation agreement, plus a deal-specific disclosure when it actually applies.
  • You can decline. Options: accept multiple representation with informed consent, or use a different brokerage to write the offer.

5. Confidentiality — what stays private

  • As a client, your top price, motivation, deadlines, and fallback plan are confidential to your agent.
  • Under designated representation, an information barrier must keep your details from the other side’s designated agent and from anyone supporting that side.
  • As an SRP, anything you say to the brokerage can — and likely will — be shared with its client on the other side.
  • If you are unsure, ask: “Will what I just told you be shared with the seller or the other agent?”

Ask the brokerage to put these in writing

  1. The RECO Information Guide (delivered before services).
  2. Your status: client (with a signed representation agreement) or SRP (with a signed acknowledgement).
  3. If applicable, the designated representation election and the names of the designated agents on each side.
  4. Any disclosure of multiple representation, with your informed written consent.
  5. Confirmation of how confidential information will be handled and walled off.