Working with a REALTOR

In real estate, there are different possible forms of agency
relationship:

1. Seller's Agent

When a real estate company is a "seller's agent," it must do what is best for the seller of a property.

A written contract, called a listing agreement, establishes seller agency. It also explains services
the company will provide, establishes a fee arrangement for the REALTOR'S services and specifies what obligations a seller may have.

A seller's agent must tell the seller anything known about a buyer. For instance, if a seller's agent knows a buyer is willing to offer more for a property, that information must be shared with
the seller.

Confidences a seller shares with a seller's agent must be kept confidential from potential buyers and others.

Although confidential information about the seller cannot be discussed, a buyer working with a
seller's agent can expect fair and honest service from the seller's agent and disclosure of pertinent
information about the property.

2. Buyer's Agent

A real estate company acting as a "buyer's agent" must do what is best for the "buyer.

A written contract, called a buyer agency agreement, establishes buyer agency. It also
explains services the company will provide, establishes a fee arrangement for the REALTOR's
services and specifies what obligations a buyer may have.

Typically, buyers will be obliged to work exclusively with that company for a period of time.

Confidences a buyer shares with the buyer's agent must be kept confidential.

Although confidential information about the buyer cannot be disclosed, a seller working with a
buyer's agent can expect to be treated fairly and honestly.

3. Dual Agent

Occasionally a real estate company will be the agent of both the buyer and the seller. The buyer
and seller must consent to this arrangement in their listing and buyer agency agreements. Under
this "dual agency" arrangement, the company must do what is best for both the buyer and the
seller.

Since the company's loyalty is divided between the buyer and the seller who have conflicting
interests, it is absolutely essential that a dual agency relationship be established in a written
agency agreement. This agreement specifically describes the rights and duties of everyone
involved and any limitations to those rights and duties.


Who's working for you?

It is important that you understand who the REALTOR is working for. For example,
both the seller and the buyer may have their own agent which means they each
have a REALTOR who is working for them. Or, some buyers choose to contact the
seller's agent directly. Under this arrangement the REALTOR is working for
the seller, and must do what is best for the seller, but may provide many valuable
services to the buyer.

A REALTOR working with a buyer may even be a "sub-agent" of the seller. Under
sub-agency, both the listing agent and the co-operating agent must do what is best for
the seller even though the sub-agent may provide many valuable services to the buyer.
If the seller and the buyer have the same agent, this is dual agency and the
REALTOR is working for both the seller and the buyer.

Code of Ethics

REALTORS believe it is important that the people they work with understand
their agency relationship. That's why agency disclosure is included in a self-
imposed Code of Ethics which is administered by the Real Estate Council of
Ontario. The Code requires REALTORS to disclose in writing the nature of the
services they are providing, and encourages REALTORS to obtain written
acknowledgement of that disclosure. The Code also requires REALTORS to enter
into a written agency agreement with any sellers or buyers they are representing.