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When you deal with a REALTOR, you can expect not only strict adherence to provincial laws, but also adherence to a Code of Ethics and Standards of Business Practice. The Code and Standards are very important to you, because it assures you will receive the highest level of service, honesty and integrity. One provision of
the Standards requires REALTORS to seek written acknowledgment from vendors and purchasers of disclosure of the agency relationship.
A REALTOR will be pleased to discuss his or her agency relationship and responsibilities with you. If you need clarification about the types of agency relationship available, ask the REALTOR to explain your alternatives.
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WHAT
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An agency relationship is created where one person, known as the principal, asks another person,
known as the agent, to act for and on the behalf of the principal.
The principal will define the nature and extent of the agency relationship;
in other words, what the agent is being asked to do. In real estate transactions, agency relationships are created when vendors or purchasers
ask REALTORS to act on their behalf in real estate transactions.
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CONSEQUENCES OF AGENCY RELATIONSHIP
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As a matter of law, an agent who represents a principal owes that principal the highest duty of "utmost
good faith";
the agent must represent the principal's best interests at all times. The agent owes his principal a duty of confidentiality regarding information about the principal.
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AGENCY IN REAL ESTATE
TRANSACTIONS
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In most cases, there are two parties in a real estate
transaction; a vendor who owns a property and who wants to sell
it, and a purchaser who wants to buy a property. The job of
REALTORS is to bring together willing vendors and willing
purchasers in successful real estate transactions. TORONTO REAL
ESTATE BOARD The Toronto Real Estate Board is an association of
REALTORS. The Toronto Real Estate Board operates an MLS System;
this System is a mechanism whereby vendors, through their agent
(known as a Listing Broker), can make known the fact to other
REALTORS that a particular property is for sale. By placing a
property on the MLS System, the Listing Broker (agent of the
vendor) lets it be known to every other REALTOR that they can be
a "Co-operating Broker".
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AGENCY RELATIONSHIP BETWEEN VENDOR
AND LISTING BROKER
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As noted, a vendor usually engages a REALTOR to act on its behalf in the sale of a property; this REALTOR is known as the Listing Broker. The vendor and the Listing Broker will enter into an MLS Listing Agreement whereby the agency of the Listing Broker is confirmed, and the vendor agrees to compensate the Listing Broker for its efforts. This compensation is usually called commission, and usually takes the form of a fee or payment from the vendor of the real property upon successful completion of the real estate transaction. By placing a property on the MLS system, the Listing Broker, in its offer to all other Co-operating Brokers to bring a purchaser, offers to share the commission the Listing Broker is being paid by the vendor. Thus, for a vendor, the key to the MLS System is that the vendor's agent, being the Listing Broker, has placed the vendor's property on the MLS System and so made an invitation to all Co-operating Brokers to bring a purchasers offer acceptable to the vendor, and thereby become entitled
to a portion of the commission which the vendor has agreed to pay.
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PURCHASERS AND THEIR REPRESENTATIVES
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Just as with the vendor, the purchaser of real estate will often engage a REALTOR in connection with a real estate transaction. However, it is important to understand that by contacting a REALTOR, it does
not necessarily mean that the purchaser has established an agency relationship with that REALTOR.
There are several usual types of relationships which may exist between a purchaser and REALTOR (the"
Co-operating Broker") in a real estate transaction;
sub-agent of vendor; Buyer Broker, to be compensated by purchaser;
Buyer Broker, to be compensated through Listing Broker These are the usual forms of agency relationships;
this is not to say there may not be others.
Where a REALTOR is acting as sub-agent of the vendor, it is important for purchasers to realize that the REALTOR is technically an agent of the vendor so that duties are owed by the REALTOR to that
vendor. However, the purchaser can expect the REALTOR to disclose all pertinent information about a property, not to misrepresent any facts, and to honestly answer all questions about the property. This has been a usual form of relationship for many years in the real estate industry.
When a REALTOR acts as Buyer Broker (whether paid by the purchaser directly or through the Listing Broker), the purchaser
can expect the REALTOR to act in the purchaser's interest alone as there is no sub-agency relationship with the vendor. In the case of buyer brokerage, the relationship is typically established by a Purchaser's Agency Agreement, and the REALTOR is clearly only the agent of the purchaser.
Read:
Buyer Agency Agreement explained
and frequent questions asked.
Sample of
Buyer Representation Agreement
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It may be on a particular transaction involving real estate that both the vendor and purchaser are represented
by the same Firm. This is known as dual agency. In dual agency, there is effectively only one agent, or Firm, in a situation where there are two principals. In
this case, duties to principals can become conflicting given that one agent is acting for more than one principal. When REALTORS seek a Listing Agreement from a vendor, or REALTORS seek confirmation of agency relationships from a purchaser, it will be normal for the REALTOR to ask the party signing the agreement to acknowledge that dual agency may occur, and that conflicts and duty of confidentiality are waived.
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DISCLOSURE OF RELATIONSHIP
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At the earliest practical point in time, in an offer regarding real property, and from time to time if the agency relationship changes, REALTORS are required to disclose to other REALTORS the nature of their agency relationship.
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COMMISSIONS AND PAYMENT OF COMMISSIONS
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As noted, by placing a property on the MLS System, the Listing Broker (agent of the vendor)
let it be known to every REALTOR the offer to become a Co-operating Broker,
and that the Listing Broker is offering to share the commission that the vendor has agreed to pay
the Listing Broker. Where a Co-operating Broker acts as a sub-agent of the vendor,
the REALTOR will be paid through the Listing Broker and the purchaser will not have to pay
anything directly to the REALTOR.
However, where the purchaser enters into a
Purchaser's Agency Agreement with a REALTOR as a Buyer Broker
(the REALTOR is only agent of the purchaser), the purchaser will either compensate the REALTOR
directly, or direct that the REALTOR is to be compensated through the Listing Broker.
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It is up to all vendors and purchasers to discuss openly and freely with REALTORS agency,
agency relationships, the type of agency relationship desired and the best approach
to compensation for REALTORS. All REALTORS are dedicated to acting for vendors and purchasers,
and the efficient working of organized real estate.
All REALTORS are ready and able at all times to answer all questions and inquiries
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REALTOR
Services |
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Maybe you're buying a home
for the first time. Or maybe you're selling your old home to
move up to something new. Whatever the reason, the buying
and selling of a home is a big event. It's an intricate
process involving many specialists. One of these specialists
is a REALTOR, whose job it is to make the transfer of
property as easy as possible.
But not all licensed or
registered brokers or salespeople are REALTORS. The term
REALTOR is a trademark identifying real estate licensees in
Canada who are members of The Canadian Real Estate
Association (CREA). REALTORS adhere to a strict Code of
Ethics and Standards of Business Practice. The code of
ethics is a firm set of rules, describing what kind of
performance you have a right to expect from a REALTOR. It's
your guarantee of professional conduct and the best in
service.
That's why many buyers and
sellers turn to a REALTOR. As a member of their local real
estate board, REALTORS have their finger on the pulse of the
housing market and are in daily contact with buyers
potentially interested in your home.
You can trust a REALTOR to
protect your interests and to look after details. And all
the while, you're an active partner in the process, working
with a REALTOR, every step of the way. So the more you know
about buying and selling homes, the better your working
relationship with a REALTOR.
A REALTOR’s commitment to
high standards of professional conduct works to the
advantage of buyers and sellers alike.
A REALTOR is knowledgeable
about developments and trends in real estate. A REALTOR will
get you the facts: comparable prices, neighborhood trends,
housing market conditions and more.
A REALTOR is committed to
ongoing education to increase competence and effectiveness
in real estate trading.
Every REALTOR has been
trained and tested. And REALTORS are bound by a strict Code
of Ethics and Standards of Business Practice that ensure
fairness to all parties in a transaction.
A REALTOR's pledge is to be
honest in disclosing property information and forthright in
providing the facts needed to help you make one of the most
important decisions of your life.
And remember, only a REALTOR,
a member of The Canadian Real Estate Association, has access
to the Multiple Listing Service®, Canada's most powerful
real estate marketing system.
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