Agreement in Ontario:
TRESA Rules Explained
On December 1, 2023, Phase 2 of Ontario’s Trust in Real Estate Services Act (TRESA) came into force — the most significant overhaul of Ontario real estate law in more than two decades. One of the biggest practical changes for buyers: you must now sign a Buyer Representation Agreement (BRA) before your agent provides any services at all, not just before writing an offer. Here is everything you need to know.
Under the old REBBA rules: agents could show homes, provide market analysis, and advise buyers before a BRA was signed — as long as it was signed before an offer was written.
Under TRESA: BRA must be signed before any real estate services are provided. The only exception: attending an open house (a public event) does not require a BRA.
The Buyer Representation Agreement (OREA Form 300) is a legal contract between you and a brokerage. It formally establishes the agency relationship and triggers full fiduciary duties — loyalty, confidentiality, disclosure, obedience, and competence — owed to you by your agent.
Under TRESA, a BRA must be signed before the brokerage:
- Arranges a private showing of any property
- Provides personalized market analysis or property recommendations
- Drafts or presents any offer on your behalf
- Negotiates any terms representing your interests
TRESA eliminated the old “customer” category entirely. There are now only two options:
If you decline to sign a BRA, the listing brokerage is legally prohibited from providing you any services. You navigate the entire transaction alone, with no professional protection and no recourse if things go wrong.
Under the old REBBA rules, if a buyer and seller were both clients of the same brokerage, the brokerage was in “multiple representation.” This created an unavoidable conflict of interest: the agent could not truly be loyal to both sides.
TRESA introduced designated representation: different agents within the same brokerage can now each represent their own client fully and independently, without the conflict that used to define “double-ending.”
This is a meaningful improvement for consumers: both buyer and seller can have genuinely loyal representation even when their agents share the same brokerage roof.
Check the geographic scope — Make sure the area described matches where you actually intend to look. A scope that is too broad could lock you in for an area you later decide not to pursue.
Understand the holdover clause — Even after the BRA expires, a 60–90 day holdover typically applies. If you purchase a home the agent showed you during this window, commission is still owed.
Do not sign overlapping BRAs — Do not sign two BRAs covering the same area and property type with different brokerages at the same time. The exclusivity clause means you could owe commission to both.
Read the commission terms — Even though sellers typically pay buyer-agent commission in the GTA, know what you have agreed to in case a listing does not offer co-operating commission.
Workaround for multiple searches — You can legitimately sign BRAs with different brokerages if the geographic scopes or property types are clearly distinct and non-overlapping.
The BRA is not a tool for agents to control buyers — it is the legal instrument that gives you full fiduciary protection throughout your purchase. Under TRESA, refusing to sign means choosing to go through one of the largest financial transactions of your life with zero professional protection. Read the terms, ask questions about the scope and holdover clause, and sign with an agent you trust.
#BRA Ontario
#TRESA December 2023
#real estate agent contract
#buyer rights Ontario
#Arthur Zhao
#RECO rules
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