Buyer's Agent vs Listing Agent (and What TRESA Changed)

This article is general information, not legal advice. Representation rules differ by province; in Ontario, confirm the specifics with your brokerage and the RECO Information Guide.

When you buy or sell a home, two agents are usually involved, and they do not work for the same person. Understanding who represents whom, and what they owe you, is one of the most important things a buyer or seller can know. In Ontario, the framework for this changed meaningfully at the end of 2023, so start there.

The basic split: who works for whom

• The listing agent (and their brokerage) represents the seller. Their job is to market the home and get the best outcome for the seller.
• The buyer's agent (and their brokerage) represents the buyer. Their job is to advance the buyer's interests.

When an agent represents you as a client, they owe you real duties: loyalty to your interests, disclosure of relevant facts they know, confidentiality of your information, and care and skill in the work. That is a meaningful relationship, and it is why having your own agent matters: the listing agent is not working for you.

What TRESA changed in Ontario

On December 1, 2023, the second phase of Ontario's Trust in Real Estate Services Act, 2002 (TRESA) took effect, overhauling how real estate is regulated in the province. The name is a little confusing: 2020 legislation renamed and updated the former Real Estate and Business Brokers Act (REBBA) into TRESA, with the major changes phased in through December 2023. It was an overhaul of existing law, not a brand-new act, but the practical change for buyers and sellers is real. Two things to know:

"Customer" is gone. You are either a client or self-represented. Under the old rules there was a lesser "customer" service tier. TRESA eliminated it. Now, in a trade, a person is either a client (fully represented, owed the duties above) or a self-represented party (SRP), someone who is not a client of any brokerage. Toward an SRP, an agent owes honesty and fairness, but not the client duties of loyalty and confidentiality. If you choose to go without representation, understand that you are an SRP, not a "customer" getting a discount version of representation.

You must get the RECO Information Guide. Before providing services, a registrant must give you the RECO Information Guide and explain it. It lays out your options and the representation choices. If no one has walked you through it, ask.

Dual agency: when one brokerage is on both sides

The trickiest situation is when the same brokerage would represent both the buyer and the seller in the same deal (or two competing buyers). This is a genuine conflict, because one party cannot be fully loyal to two sides at once. TRESA handles it two ways:

• Multiple representation is when a brokerage or designated representative represents more than one client with competing interests in the same trade, and how it arises depends on the model. Under brokerage representation, it can happen whenever the same brokerage represents both, even if different agents handle each client. Under designated representation, it generally arises only when the same designated representative is on both sides; different designated representatives at one brokerage can each keep representing their own client. Either way, it is allowed only with written disclosure and your informed written consent, and you have the right to refuse (the brokerage must also make best efforts to get your written acknowledgement that you received the disclosure). In multiple representation, the agent's ability to advise and advocate for you is limited, because they cannot fully favour either side.
• Designated representation is TRESA's tool to avoid that. A brokerage can designate different individual agents to represent the buyer and the seller separately. Because each client has their own designated representative, each can be fully represented even though both agents work at the same brokerage.

The practical takeaway: if you are asked to consent to multiple representation, understand that you are agreeing to a more limited service, and you do not have to. Designated representation, or simply having your own independent agent, keeps someone fully in your corner.

How the buyer's agent gets paid

This surprises people: in the usual arrangement, the buyer's agent is paid out of the commission the seller pays, through the split set in the listing agreement, and in many deals that covers the buyer's agent in full. But your buyer representation agreement sets out what you owe your own brokerage, and if the seller's contribution falls short of that amount, you can be responsible for the difference. So read it carefully, and see our guide to real estate commissions for how this works.

A note for other provinces

The client-versus-SRP language and the designated-representation model above are Ontario's framework under TRESA. Other provinces regulate representation and dual agency differently, and some restrict dual agency more sharply than Ontario does. The core idea, that the listing agent works for the seller and you benefit from having someone who works for you, holds across Canada, but confirm the specific rules with your provincial regulator.

Frequently asked questions

Does the listing agent work for the buyer too? No. The listing agent represents the seller. If you are buying and you want someone who owes you loyalty, disclosure, and confidentiality, you need your own buyer's agent, or you are a self-represented party.

What is the difference between a client and a self-represented party in Ontario? A client is fully represented by a brokerage and is owed duties of loyalty, disclosure, confidentiality, and care. A self-represented party (SRP) is not a client of any brokerage and is owed only honesty and fairness. TRESA removed the old "customer" tier that sat in between.

Can one agent represent both the buyer and the seller? Only with your informed written consent (multiple representation), and it limits how fully they can advocate for you. You can refuse. Many brokerages use designated representation instead, assigning different agents to each side.

Do I pay my buyer's agent? Usually not directly. The buyer's agent is typically paid from the commission the seller pays, via the split in the listing agreement, though buyer representation agreements can set out compensation directly.

---

Knowing who works for you is half of a good home purchase. Habyn helps buyers and homeowners keep their agreements, disclosures, and documents organized in one place. See how Habyn helps homeowners.