The Hidden Practices Some Listing Agents Use—And How to Protect Yourself
Withholding offers, pocket listings, fake interest, deadline games—what TRESA actually gives you as a seller
What hidden practices do some listing agents use, and how can a seller protect themselves?
The most common are: self-serving “dual/multiple representation,” withholding or slow-walking offers, pocket listings (off-MLS), manipulating offer deadlines, and manufacturing “fake interest.” Most aren’t illegal—they’re undisclosed conflicts of interest. In Ontario, TRESA (in force Dec 1, 2023) has restricted multiple representation, introduced “designated representation,” and requires brokerages to keep records of every offer and produce them to RECO on request. Your strongest protection: demand records in writing, read the representation terms, and question anything that feels off.
Source: TRESA (in force Dec 1, 2023) / RECO
Let me be clear up front: the vast majority of agents play it straight. But as a listing-side Broker for years, I’ve also seen practices that are “technically legal but never explained to the seller.” What they have in common isn’t fraud—it’s a conflict of interest that never gets laid on the table. Sellers can’t see behind the scenes, so they don’t know they may have left money or options on the floor. This isn’t a conspiracy piece; it’s education. I’ll walk through the most common grey-area tactics, then show you exactly what TRESA gives you as a seller and which red flags should make you ask harder questions. Know the rules and you’re very hard to play.
→
→
→
Grey-area tactics sellers don’t see
Each one below can have an innocent explanation on its own. The issue isn’t the tactic—it’s whether the agent told you clearly and in advance, and whether it meets TRESA’s disclosure requirements.
🚨If an agent pushes you to “just sign first” before you’ve read the terms, or dodges putting the representation relationship and conflicts of interest in writing—that’s the red flag to watch most.
Self-serving dual / multiple representation
When one agent represents both you (the seller) and the buyer, that’s dual representation; when different agents at the same brokerage represent each side, TRESA calls it “designated representation.” The risk: when one person or one firm collects from both sides, bias can creep in. TRESA (in force Dec 2023) has tightened the rules—multiple representation requires written, informed consent, or one party must be released to find independent representation. When you hear “I can work with you and the buyer too,” demand written disclosure and think hard before consenting.
Withholding or slow-walking offers
An agent has a duty to present offers to you promptly. But an agent hoping to “wait for their own client’s offer” might delay presenting someone else’s, or downplay how attractive an offer is. You have the right to written confirmation of every offer received and when it arrived. Under TRESA, the listing brokerage must keep internal records of all offers received and produce them to RECO on request—which is exactly what backs up your questions.
Pocket listings / off-MLS
“I have a buyer—we can sell without ever hitting MLS” sounds convenient, but not marketing publicly means your home gets limited exposure and may not reach top market price, while the agent finds it easier to put both sides together. Unless you have a clear reason (privacy, special circumstances) and consent in writing, full MLS exposure usually serves the seller best. Note CREA’s cooperation policy: once a property is publicly marketed, it must be posted to MLS within three days.
Manipulating offer deadlines
“Let’s hold offers for a few days” can be a legitimate strategy, but it can also be used to manufacture urgency and push buyers to bid higher—or, conversely, to favour a pre-arranged buyer. Ontario’s competing-offer rules require that if a seller chooses to disclose information about competing offers, it must be done fairly, made available to all interested buyers, and without revealing any buyer’s identity. How the deadline is set, and whether to disclose the number of offers, is your call—not the agent’s.
Manufacturing "fake interest" / phantom offers
Hinting “there are already several offers” to pressure you into dropping your price—or to push buyers to bid up—is misleading if it isn’t true. TRESA strengthened honesty and anti-misrepresentation requirements. You can ask the agent to substantiate the competing-offer situation in writing and in a verifiable way—since the listing brokerage already has to keep offer records for RECO, a legitimate bidding situation holds up to a check.
💡 Remember this: you’re not questioning the agent’s character—you’re exercising your right to know. A by-the-book agent welcomes a request for written records. Only someone with something to hide finds it offensive.
ℹ️If you suspect you’ve been treated improperly, you can complain to the Real Estate Council of Ontario (RECO). RECO regulates all licensed agents, and listing brokerages must produce offer records on its request.
Your clear rights as a seller under TRESA
Since December 1, 2023, Ontario sellers hold a few more cards face-up.
One, the right to know: the agent must give you the RECO Information Guide before you become a client and explain representation and conflicts of interest. Two, the right to offer records: the listing brokerage must keep records of all offers received and produce them to RECO on request. Three, control over disclosure: whether, and to whom, to disclose information about competing offers is your decision, and any disclosure must be fair and must not reveal buyers’ identities. Four, the right to refuse multiple representation: it can’t proceed without your written, informed consent.
Frequently Asked Questions
Is dual representation still legal after TRESA?
In Ontario, multiple representation without the written, informed consent of all parties is prohibited. TRESA (in force Dec 1, 2023) tightened the rules and introduced “designated representation”—different agents at the same brokerage can represent each side while keeping information separated. If only one party is represented, the other is a “self-represented party” (SRP), and the agent must disclose the difference in duties. The key: it must be disclosed and consented to in advance, in writing.
Can an agent keep a buyer’s offer from me?
An agent has a duty to present offers promptly. Under TRESA, the listing brokerage must also keep internal records of all offers received and produce them to the Real Estate Council of Ontario (RECO) on request. You have the right to written confirmation of every offer and when it was received. If you suspect an offer was withheld, those records are the basis for checking.
What is a pocket listing, and is it bad for sellers?
A pocket listing is a property kept off MLS and shown privately to a small circle of buyers. It can make it easier for the agent to put both sides of a deal together, but your home gets limited exposure and often won’t reach top market price. Unless you have a clear reason such as privacy and consent in writing, public listing usually serves the seller better. Under CREA’s cooperation policy, once a property is publicly marketed, it must be posted to MLS within three days.
In a multiple-offer situation, do I have to disclose the offer details?
No. In Ontario, whether to disclose information about competing offers is the seller’s decision. If you choose to disclose, the rules require it to be done fairly and made available to all interested buyers, without revealing any buyer’s identity or identifying information. The listing brokerage must keep records of all offers for review.
I think my agent is doing something shady—what can I do?
Start by asking the agent, in writing, for disclosure and records (the list of offers, the representation explanation). A by-the-book agent will comply. If you still have concerns, you can file a complaint with the Real Estate Council of Ontario (RECO), which regulates all licensed agents and can require the listing brokerage to produce offer records. Where contracts or funds are involved, consult a real estate lawyer in parallel.
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · CLHMS & GUILD Elite · REAIS
VP & Branch Manager, Bay Street Group Inc.
Get expert answers on buying, selling, and renting in the GTA
Discover more from GTA Real Estate Broker | Arthur Zhao
Subscribe to get the latest posts sent to your email.
