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Buyer Representation Agreements in Ontario: What You Are Actually Signing

Buyers reviewing and signing a document with an advisor, illustrating a buyer representation agreement in Ontario

A buyer representation agreement in Ontario is the document that turns a person browsing listings into a client, and in Orillia, Barrie and across Ontario it is usually the first thing a REALTOR® puts in front of a buyer. Most people sign it without ever being told what it does. Under the Trust in Real Estate Services Act, 2002, known as TRESA, that agreement is what creates the fiduciary duty a buyer is entitled to, and without it the law sharply limits what an agent is permitted to do for them. That is the real reason it exists, and it is a better reason than any sales pitch.

Quick answer

A buyer representation agreement is the written contract between a buyer and a real estate brokerage in Ontario that makes the buyer a client. Under TRESA, which replaced REBBA as Ontario's real estate legislation on 1 December 2023, there are only two consumer statuses: client, or self-represented party. Only a client is owed fiduciary duties such as loyalty, confidentiality and full disclosure, and a registrant is prohibited from providing services, opinions or advice to a self-represented party in respect of a trade. The agreement has a defined start and end date, the term is negotiable, and a buyer should have every clause explained before signing.

What is a buyer representation agreement in Ontario?

It is a written contract between you and a brokerage, not with an individual agent, even though one person does the work. Signing it makes you a client. From that moment the brokerage and your representative owe you a defined set of duties rather than general courtesy.

The buyer document is OREA Form 300, titled Buyer Representation Agreement, Authority for Purchase or Lease. The seller side of the same idea is Form 200. Those are the only two numbers worth remembering, and it is better to know a document by what it does, because OREA revises form titles every year. Ask your REALTOR® to confirm the current version of anything you are asked to sign.

It is worth clearing up one persistent mix-up right away. Form 320 is the Confirmation of Co-operation and Representation, the document brokerages exchange at offer time to confirm who represents whom and how the trade is handled. It is not a buyer representation agreement, and it is not what makes you a client.

Why does a REALTOR® ask a buyer to sign one?

Because TRESA removed the middle ground. Before 1 December 2023 a buyer could be a customer: not quite a client, but still receiving a level of help. Customer relationships and customer agreements are no longer permitted, and legacy customer agreements expired by 30 March 2024. There are now two statuses and only two.

The second status is self-represented party, and RECO is explicit that this is not the old customer relationship under a new name. A registrant is prohibited from providing services, opinions or advice to a self-represented party in respect of a trade. There is no quiet workaround, because any agreement to provide services is itself a representation agreement, which makes that person a client owed fiduciary duty.

This is where honesty matters more than salesmanship. If you walk into an open house in Orillia as a self-represented buyer and ask the listing agent whether the asking price is reasonable or what you should offer, they are not permitted to answer. That is not an agent being difficult, it is the law working as written, and RECO explains it in its bulletin on why customer relationships are not permitted.

None of this stops you from viewing a home a brokerage has listed. It stops that brokerage from advising you while it works for the other side.

What is designated representation, and why does it matter?

This is the change consumers understand least, and it is the one worth ten minutes of your attention. Under designated representation, the brokerage names specific individuals as your designated representative. Only those named individuals owe you fiduciary duties. Every other agent in that brokerage stays neutral toward you.

The mechanism that makes it work is control of information. Your designated representative controls access to your confidential details, so nothing about your budget, your motivation or your walk away point travels sideways through the office. The practical result is significant: two agents in the same brokerage can represent an opposing buyer and seller in one transaction, each owing full fiduciary duty to their own client.

There is no separate numbered OREA form for this. Designated representation is documented through the representation agreement itself and the brokerage schedules attached to it. RECO sets out the framework in its bulletin on representation. The question to ask, in plain words, is: which model does this brokerage use, and who exactly is named as mine?

When does multiple representation happen, and what has to follow?

Multiple representation is now a narrower situation than most buyers assume. It arises when the same agent is the designated representative for both a seller client and a buyer client in the same trade, or when a brokerage that represents parties directly ends up acting for competing parties in one transaction. It does not arise simply because two colleagues work under the same brokerage sign.

When it does arise, the agent must disclose it immediately and obtain consent from both parties in writing before continuing. You are allowed to say no. If you consent, the agent can no longer advocate for one side against the other, and the advice you were getting a day earlier is no longer available in the same form.

That is a real trade-off, and it should be presented to you as one, not buried. The same ground is covered in the RECO Information Guide you should have received first, which every registrant in Ontario must put in front of you before providing services or assistance.

What should a buyer ask before signing?

Read the agreement, then ask these seven questions. A REALTOR® who cannot answer them clearly is telling you something useful.

  1. What are the start and end dates, and why that length? The term is negotiable and should be explained before you sign.
  2. What geographic area and property types does this cover? If your search spans several municipalities, the scope needs to match.
  3. Is this brokerage representation or designated representation, and who exactly is named as my designated representative?
  4. What happens if someone in your brokerage lists a home I want to buy?
  5. What are the payment terms, and when would I owe anything? Nothing about remuneration is standard or fixed in Ontario, and commission is negotiated between a seller and their brokerage.
  6. How do I end this early, and does anything survive the end date?
  7. May I have a fully signed copy for my records?

How this plays out around Orillia, Barrie and the Simcoe County lakes

Two things about this region make representation rules more than theoretical. First, brokerage rosters in Orillia, Midland, Penetanguishene, Coldwater and Gravenhurst are smaller than in a big city, so the odds that one brokerage holds both sides of a transaction are meaningfully higher. Designated representation is what allows that to happen cleanly, and it is worth confirming how your brokerage handles it before you are mid offer.

Second, buyers here rarely search inside one set of municipal boundaries. A single search can run from Orillia to Oro-Medonte, Severn, Ramara and Brechin, then jump north to Gravenhurst and Bracebridge or west toward Waubaushene and Port Severn. That crosses Simcoe County and the District of Muskoka. When Kimberly sets up an agreement for a buyer who is looking at Lake Couchiching one weekend and the Severn River the next, she writes the geographic scope wide enough to cover the whole real search area, because renegotiating scope in the middle of a search costs time a buyer may not have.

Getting the scope right early also lets the rest of the work start properly: understanding how an Orillia home valuation is actually built, learning why trying to time the market rarely works out, and planning for the closing costs a first-time buyer in Barrie should expect. If you are selling a home to fund the purchase, the Ontario home selling timeline runs alongside all of it.

Common questions

Do I have to sign a buyer representation agreement to look at a house in Ontario?

No one can force you to become a client. But under TRESA there are only two statuses, client or self-represented party, and an Ontario registrant is prohibited from providing services, opinions or advice to a self-represented party in respect of a trade. You can approach a listing brokerage about a home it has listed, but that brokerage acts for the seller and cannot advise you.

How long does a buyer representation agreement last in Ontario?

A representation agreement has a defined start date and end date, and the term is negotiable between the buyer and the brokerage. There is no single length that applies to everyone. Ask your REALTOR® to walk you through the proposed term, what happens at expiry, and how the agreement can be ended early, before you sign.

What is the difference between designated representation and multiple representation?

Designated representation means the brokerage names specific individuals as your designated representative, and only those individuals owe you fiduciary duties. Because your designated representative controls access to your confidential information, two agents in the same brokerage can represent an opposing buyer and seller with full duty to each. Multiple representation is narrower: it arises when one agent is designated for both the buyer and the seller in the same trade, or when a brokerage representing parties directly acts for competing parties in one transaction.

Which OREA form is a buyer representation agreement?

The buyer document is Form 300, Buyer Representation Agreement, Authority for Purchase or Lease. The seller equivalent is Form 200. Form 320 is often confused with these, but it is the Confirmation of Co-operation and Representation exchanged between brokerages at offer time and is not a representation agreement. OREA revises form titles annually, so confirm the current form with your REALTOR®.

Read it before you sign it, not after

A representation agreement is not paperwork to rush through on the hood of a car outside a showing. It is the document that decides whether anyone in the transaction is legally obliged to put your interests first. Take it home, read the term, the scope and the payment terms, and come back with questions.

If you want someone to walk through a buyer representation agreement line by line before you commit to anything, you can book a call and go through it at your own pace.

This article is written for Canadian readers, with an Ontario focus. It is provided as general information only and is not legal, tax, mortgage, or financial advice, always consult the appropriate licensed professional about your situation. Market commentary reflects conditions at the time of writing. Not intended to solicit buyers or sellers currently under contract with another brokerage. Kimberly Schroeder, REALTOR®, eXp Realty, Brokerage.

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