Form 810 Revised 2019 Page 1 of 1
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The Canadian Real Estate Association (CREA) and identify the real estate professionals who are members of CREA and the
quality of services they provide. Used under license.
© 2020, Ontario Real Estate Association (“OREA”). All rights reserved. This form was developed by OREA for the use and reproduction
by its members and licensees only. Any other use or reproduction is prohibited except with prior written consent of OREA. Do not alter
when printing or reproducing the standard pre-set portion. OREA bears no liability for your use of this form.
Working with a REALTOR
®
Form 810
for use in the Province of Ontario
The REALTOR® Consumer Relationship
In Ontario, the real estate profession is governed by the Real Estate and
Business Brokers Act, 2002, and Associated Regulations (REBBA 2002 or
Act), administered by the Real Estate Council of Ontario (RECO). All Ontario
REALTORS
®
are registered under the Act and governed by its provisions. REBBA
2002 is consumer protection legislation, regulating the conduct of real estate
brokerages and their salespeople/brokers. The Act provides consumer protection
in the form of deposit insurance and requires every salesperson/broker to carry
errors & omission (E&O) insurance.
When you choose to use the services of a REALTOR
®
, it is important to understand
that this individual works on behalf of a real estate brokerage, usually a
company. The brokerage is operated by a Broker of Record, who has the ultimate
responsibility for the employees registered with the brokerage. When you sign
a contract, it is with the brokerage, not with the salesperson/broker employee.
The Act also requires that the brokerage (usually through its REALTORS
®
) explain
the types of service alternatives available to consumers and the services the
brokerage will be providing. The brokerage must document the relationship being
created between the brokerage and the consumer, and submit it to the consumer
for his/her approval and signature. The most common relationships are “client”
and “customer”, but other options may be available in the marketplace.
Client
A “client” relationship creates the highest form of obligation for a REALTOR
®
to a consumer. The brokerage and its salespeople/brokers have a duciary
(legal) relationship with the client and represent the interests of the client in a
real estate transaction. The REALTOR
®
will establish this relationship with the use
of a representation agreement, called a Listing Agreement with the seller and
a Buyer Representation Agreement with the buyer. The agreement contains an
explanation of the services the brokerage will be providing, the fee arrangement
for those services, the obligations the client will have under the agreement, and
the expiry date of the agreement. Ensure that you have read and fully understand
any such agreement before you sign the document.
Once a brokerage and a consumer enter into a client relationship, the brokerage
must protect the interests of the client and do what is best for the client. A
brokerage must strive for the benet of the client and must not disclose a client’s
condential information to others. Under the Act, the brokerage must also make
reasonable efforts to determine any material facts relating to the transaction
that would be of interest to the client and must inform the client of those facts.
Although they are representing the interests of their client, they must still treat all
parties to the transaction with fairness, honesty, and integrity.
Customer
A buyer or seller may not wish to be under contract as a client with the
brokerage but would rather be treated as a customer. A REALTOR
®
is obligated
to treat every person in a real estate transaction with honesty, fairness, and
integrity, but unlike a client, provides a customer with a restricted level of
service. Services provided to a customer may include showing the property or
properties, taking customer direction to draft an offer and present the customer
offer etc. Brokerages use a Customer Service Agreement to document the
services they are providing to a buyer or seller customer.
Under the Act, the REALTOR
®
has disclosure obligations to a customer and must
disclose material facts known to the brokerage that relate to the transaction.
What Happens When...
Buyer(s) and the seller(s) are sometimes under contract with the same brokerage
when properties are being shown or an offer is being contemplated. There can
also be instances when there is more than one offer on a property and more
than one buyer and seller are under a representation agreement with the same
brokerage. This situation is referred to as multiple representation. Under the
Act, the REALTORS
®
and their brokerage must make sure all buyers, sellers,
and their REALTORS
®
conrm in writing that they acknowledge, understand,
and consent to the situation before their offer is made. REALTORS
®
typically
use what is called a Conrmation of Co-operation and Representation form to
document this situation.
Offer negotiations may become stressful, so if you have any questions when
reference is made to multiple representation or multiple offers, please ask your
REALTOR
®
for an explanation.
Critical Information
REALTORS
®
are obligated to disclose facts that may affect a buying or selling
decision. It may be difcult for a REALTOR
®
to judge what facts are important.
They also may not be in a position to know a fact. You should communicate to
your REALTOR
®
what information and facts about a property are important to
you in making a buying or selling decision, and document this information to
avoid any misunderstandings and/or unpleasant surprises.
Similarly, services that are important to you and are to be performed by the
brokerage, or promises that have been made to you, should be documented in
your contract with the brokerage and its salesperson/broker.
To ensure the best possible real estate experience, make sure all your questions
are answered by your REALTOR
®
. You should read and understand every
contract before you nalize it.
Acknowledgement by: ................................................................................................................................................................................
(Names)
I/we have read, understand, and have received a copy of Working with a REALTOR
®
Please note that Federal legislation requires REALTORS
®
to verify the identity of sellers and buyers with whom they are working.
For the purposes of this information, the term “seller” can be interpreted as “landlord” and “buyer” can mean “tenant.” This form is for information only and is not a contract.
Sellers: As seller(s), I/we understand that
(Name of Brokerage)
(initial one)
Is representing my interests, to be documented in a
separate written agency representation agreement, and I
understand the brokerage may represent and/or provide
customer service to other sellers and buyers.
Is not representing my interests, to be documented in a
separate written customer service agreement, but will act
in a fair, ethical and professional manner.
(Signature) (Date)
(Signature) (Date)
Buyers: As buyer(s), I/we understand that
(Name of Brokerage)
(initial one)
Is representing my interests, to be documented in a
separate written agency representation agreement, and I
understand the brokerage may represent and/or provide
customer service to other buyers and sellers.
Is not representing my interests, to be documented in a
separate written customer service agreement, but will act
in a fair, ethical and professional manner.
(Signature) (Date)
(Signature) (Date)
Lisa Andrews & Andrew Smith
Property.ca Realty Inc Brokerage