Multiple Representation vs. Designated Representation Under TRESA: How Two Agents at One Brokerage Can Each Fully Represent Their Client
TRESA Phase 2 (in force December 1, 2023) rewrote Ontario’s representation rules — here’s what it means for agents, buyers, and sellers
What is the difference between multiple representation and designated representation under TRESA?
Under Ontario’s Trust in Real Estate Services Act (TRESA, Phase 2 in force December 1, 2023), multiple representation is when the same brokerage — or the same individual agent — represents two or more clients in the same trade; the brokerage’s duties are then limited, and a mandatory written disclosure and consent are required first. Designated representation is the new option that lets a brokerage assign different agents to different clients, so two agents at the same brokerage can each fully represent their own client without triggering multiple representation (RECO, 2024).
Source: Real Estate Council of Ontario (RECO, reco.on.ca, 2024) / Government of Ontario (Ontario.ca)
I’m Arthur Zhao. “You’re both at the same brokerage — so whose side is anyone actually on?” That’s the question buyers and sellers ask me most since TRESA came in. The answer depends on which model the brokerage uses: the old multiple representation, or the designated representation that TRESA introduced. For fellow agents, it’s about compliance and how you explain it to clients; for buyers and sellers, it decides whether anyone is truly in your corner. Here’s how the two differ, plus the disclosure and Information Guide rules.
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First, what TRESA is: it replaced REBBA
TRESA is the Trust in Real Estate Services Act, 2002 (as amended) — the Ontario statute that replaced the old Real Estate and Business Brokers Act (REBBA), enforced by the Real Estate Council of Ontario (RECO).
Its Phase 2 came into force on December 1, 2023, bringing the two changes this article is about: the new designated representation option, and the requirement to provide and explain the RECO Information Guide to consumers. In short, from December 2023 onward, “representation” in an Ontario deal was redefined.
What multiple representation is
According to RECO (reco.on.ca, 2024), multiple representation occurs when a brokerage represents the seller client and one or more buyer clients in the same trade, or represents two or more buyers in the same trade. In a designated representation model, if the same agent represents both the seller and a buyer, that too is multiple representation.
The core difficulty: once in multiple representation, the agent can no longer give either side full, unreserved loyalty and advice — they can’t push the buyer’s price down for the seller, or negotiate the seller’s price down for the buyer, and much information must be kept neutral between the parties. That’s precisely why extra disclosure and consent are required.
TRESA’s new option: designated representation
The result is that two different agents at the same brokerage can each fully represent their own client — the listing agent fully represents the seller, while another agent fully represents the buyer — without triggering multiple representation. As OREA describes it under TRESA, the duty owed to the clients then “applies to the designated agents within a brokerage for the specific, identified transactions.” For clients, it means you can once again have an agent who is solely in your corner and can give you complete advice, even when the other side’s agent works at the same firm.
ℹ️The one-line distinction: under designated representation, two agents at the same brokerage each fully represent their own side; under multiple representation, the same agent (or the whole brokerage) owes duties to both sides and must stay neutral and hold back advice.
💡 One line to keep the two straight: under designated representation, two agents at the same brokerage each fully represent their own side; under multiple representation, the same agent (or the whole brokerage) owes duties to both sides at once and must therefore stay neutral and hold back advice. Designated representation is not automatic — it’s a model a brokerage can choose to adopt, and whether it does shapes how complete the advice your agent can give you is.
The hard rule of multiple representation: written disclosure + consent
As OREA notes under TRESA, consent must be obtained as soon as the brokerage becomes aware it is in multiple representation, and any circumstances involving a change in remuneration must be clearly identified on a written representation agreement. In other words: no prior written disclosure and consent, no multiple representation.
⚠️Before providing any services, an agent must provide and explain the RECO Information Guide and use best efforts to get your acknowledgment that it was provided and explained. It is RECO’s only acceptable version — read it carefully.
Before any services: the RECO Information Guide is mandatory
As OREA notes under TRESA, the guide is prepared by RECO and is the only acceptable version to share with consumers — agents can’t substitute their own. It explains, in plain language, representation relationships, your rights, and concepts like multiple representation; it’s the centerpiece of TRESA’s transparency push.
"Client" vs. "self-represented party": a key new distinction
TRESA replaces the old “customer” concept with the self-represented party (SRP). As OREA describes under TRESA, an SRP is simply a party who is not a client of any brokerage.
According to RECO (reco.on.ca, 2024), registrants are prohibited from providing services, opinions, or advice to an SRP — they can offer only general market information; only when you are representing a client in the transaction may you provide transaction-specific assistance to an SRP, after verifying that the person is indeed self-represented. The point of the distinction is to make clear to consumers whether the agent in front of them is actually working for them.
What these changes mean for buyers and sellers
• You’re more likely to have an agent solely in your corner. Previously, being interested in a listing held by the same firm often forced you into weakened multiple representation; now, if the brokerage uses designated representation, you and the seller can each have a fully dedicated agent.
• The one question to ask: does this brokerage use designated or multiple representation? The answer decides whether your agent can negotiate on price and give you complete advice.
• You’ll receive a RECO Information Guide first. Read it, and have your agent walk you through it — it’s your primary source on your rights and the representation relationship.
• If multiple representation does arise, you have the right to see the written disclosure and decide whether to consent. You don’t have to accept it passively.
For fellow agents: the compliance and practice takeaways
For agents, Phase 2 reorders the professional playbook:
• Information Guide first: deliver and explain it before providing any services, and keep the acknowledgment that it was provided and explained — that’s the compliance baseline.
• Be clear about the model: tell clients whether your brokerage uses designated or multiple representation, and don’t let the “same firm” assumption fester.
• Paper the multiple representation: disclosure, consent, and any remuneration changes belong on a written representation agreement.
• Respect the SRP boundary: give non-clients only general information, and don’t cross into opinions or advice.
This article is educational and informational; for specific compliance, rely on RECO’s current rules and your brokerage’s policies.
Frequently Asked Questions
When did TRESA take effect, and what did it replace?
TRESA (the Trust in Real Estate Services Act, as amended) is the Ontario statute that replaced the old Real Estate and Business Brokers Act (REBBA), enforced by RECO. Its Phase 2 came into force on December 1, 2023, introducing the designated representation option and the requirement to provide and explain the RECO Information Guide to consumers.
As a buyer, why should I care about designated vs. multiple representation?
Because it decides whether you can have an agent solely in your corner. Per RECO (reco.on.ca, 2024), under designated representation two agents at the same brokerage can each fully represent buyer and seller, so you get complete advice; under multiple representation the same agent represents both sides, must stay neutral, and can’t push for you alone. Before you buy, just ask which model the brokerage uses.
What is the RECO Information Guide, and will I definitely receive one?
Per RECO (reco.on.ca, 2024), registrants must provide and explain the Information Guide before providing any services, and use best efforts to obtain your acknowledgment that it was provided and explained. As OREA notes, it is RECO’s only acceptable version and explains representation relationships and your rights in plain language — read it carefully.
What must an agent do before entering multiple representation?
Per RECO (reco.on.ca, 2024), a brokerage or designated representative may not represent more than one client in a trade until it makes a mandatory written disclosure and obtains your consent to continued representation. As OREA notes, consent must be obtained as soon as the brokerage is aware it’s in multiple representation, and any remuneration changes go on a written representation agreement.
What does "self-represented party (SRP)" mean?
As OREA describes under TRESA, an SRP is a party who is not a client of any brokerage; it replaces the old “customer” concept. Per RECO (reco.on.ca, 2024), agents are prohibited from giving an SRP opinions or advice and may offer only general market information — transaction-specific help is possible only when representing a client in the deal, after verifying the person is self-represented.
Arthur Zhao
Real Estate Broker · FRI · ABR · SRS · PSA · MCNE · E-PRO · GUILD Elite
VP & Branch Manager, Bay Street Group Inc.
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