Buyer's Agent vs Listing Agent

A listing agent represents the seller and a buyer's agent represents the buyer, and in Ontario each owes full duties only to their own client.

A listing agent represents the seller. A buyer's agent represents the buyer. In Ontario, the client relationship is set out in a representation agreement with the agent's brokerage. Under it, the brokerage owes you undivided loyalty, disclosure of everything it knows about the deal, confidentiality and avoidance of conflicts of interest.

Representation can work two ways. With brokerage representation, the whole brokerage and all its agents represent you. With designated representation, introduced on 1 December 2023, one or more named agents represent you. The difference matters when the same brokerage also acts for the other side, because it decides whether multiple representation arises.

If you deal with the listing agent without your own agent, you are a self-represented party. That agent must act in the seller's best interests, so anything you share, such as your top price, can be passed on. You must set your own offer price, check zoning and permitted use, handle competing offers and prepare the documents.

Multiple representation happens when one brokerage, or one designated agent, represents both buyer and seller, or competing buyers. It is not permitted unless every client agrees in writing after written disclosure. Once you agree, the agent must be impartial and cannot advise you on the price to offer or accept. You can refuse and ask for a referral elsewhere.

Each agent's fee is negotiated in their own agreement. A seller may agree to pay an amount toward the buyer's brokerage fees, but does not have to. These rules come from Ontario's TRESA and RECO. Other provinces have their own rules.

General information only, not legal, tax, or financial advice. Rules change and vary by province; confirm the current details with the relevant authority before you rely on them.