How Has the Client-Agent Relationship Changed? Key Updates Under TRESA 2026

What is Designated Representation

Old rule: hiring a brokerage = brokerage represents you collectively. If another agent in same brokerage represents the other side = whole brokerage in Multiple Representation. TRESA new rule: you hire a specific designated representative (your individual agent); other agents in the same brokerage can represent the other side without triggering multiple rep. Big change for large brokerages, more flexibility for clients.

Multiple representation still exists but stricter

If the same designated agent represents both buyer and seller, it’s still multiple representation. TRESA requires: (a) Both written consent; (b) Agent must remain impartial; (c) Cannot give either side strategic advice anymore (can’t tell buyer ‘seller’s lowest acceptable’). Practically, most agents now proactively avoid multiple rep due to risk.

Information Guide & Disclosure Form

All clients must receive RECO Information Guide (explains client vs. self-represented party) + Information & Disclosure Form (commission, agency type, potential conflicts) before signing listing/buyer agreement. Without these signed = agent can’t start service. The new rule requires agents to explain in plain language, not ‘sign and we’ll explain later’.

Self-Represented Party (SRP) is a new concept

TRESA adds the SRP category — people the agent knows but doesn’t represent (e.g., listing agent dealing directly with an unrepresented buyer). Agent has no fiduciary duty to SRP but still has a duty of honesty and non-misrepresentation, and must upfront inform the SRP they’re not represented. Eliminates gray zones.

RECO enforcement powers expanded

TRESA gives RECO new powers: (1) Administrative Monetary Penalties up to $50,000 (old rules only license actions); (2) Public Discipline Decisions mandatory disclosure; (3) Direct penalties against RECO-registered brokerages (not just individual agents). For consumers: complaints actually have consequences, agent conduct is tighter.

Did TRESA change commissions?

TRESA doesn’t directly regulate commission, but strengthened disclosure: all commission arrangements and incentives must be disclosed in writing upfront. Agents must answer commission split questions when asked.

Can I have 2 agents work for me as a buyer?

No. TRESA requires the buyer-agent relationship to be exclusive — once you sign a BRA (Buyer Representation Agreement), no other agent can work for you. Unless you mutually release the old BRA first.

Can an agent show me homes without a BRA?

No. TRESA requires all client relationships to have a written representation agreement. Viewing without signing = SRP status, no fiduciary advice from the agent.

How does a brokerage ensure info separation under designated representation?

Brokerages must build internal policy + tech separation: opposing agents can’t access each other’s files, can’t discuss strategy. RECO inspections that find no info firewall = penalty.

Can I check an agent’s RECO discipline record?

Yes. RECO publishes ‘Public Discipline Decisions’ (reco.on.ca). Post-TRESA, all penalties are mandatorily public. Spending 5 minutes to check your agent before signing is very reasonable.