According to Trust in Real Estate Services Act (TRESA) run by RECO.
1. Must sign a new RECO Information Guide, a 13 page document which outlines your rights and obligations.
2. Representation Either a Client or a Self-Represented Party SRP.
1. Client
- Undivided loyalty
- Disclosure
- Confidentiality
- Appraise the property and recommend an offer price and strategy.
2. Self-Represented Party
No confidentiality, no services, no opinions, no advice. Any service I offer is really for my client the seller.
- I must disclose your motivation to the seller.
- I must disclose how much you are willing to pay my seller client.
- I must disclose your preferred terms and conditions.
- No appraisal of property so you know it’s true market value.
- I can perform the action of preparing an offer for you but can add nothing to the offer that uses my skill, experience, and knowledge.
IE. I type the address, the legal description, and lot size.
I CANNOT recommend an;
- Irrevocable time
- Price
- Deposit amount
- Title Search Date
- Which clauses to use, such as you want a walk through before closing, a survey, VUT declaration, Ottawa city Green loan, what if your bank appraiser needs access and you did not account for that in the offer, etc.
- Which conditions to insert to best protect your interests?
- How long is the condition?
- What happens to your deposit if the condition is not met in time?
- Do you even know the difference between a typical clause and a condition?
- Recommend professionals to assist you, ie. Inspectors.
Basically you are on your own and it’s very high risk. You are strongly advised to call a lawyer.
- BUT if the lawyer prepares the offer, you have to pay them.
- They can’t do an appraisal on the property, what do they know about market values.
- What happens if the counter offer comes back at 6 pm and you have until 9 pm to respond or lose the property….or if negotiations occur on a weekend.
Multiple Representation
A) If I have a Designated Buyer and
B) I also have a Designated Seller
**Must be disclosed***
- Must equally protect interests of the buyer and seller
- Full disclosure of all factual information.
- We must be instructed with written consent from Buyer and Seller.
Temporary for 120 days from Dec. 1, 2023
Almost all listings are brokerage listings NOT with Designated Representation.
If a buyer with a different agent under Designated Rep, then that is Multiple Representation, just like it used to be.