Overview: Real Estate Agents
Real estate agents in Canada are licensed province by province. RECO covers Ontario, BCFSA covers British Columbia and the OACIQ covers Quebec. Most work under a brokerage, and in Ontario your contract is with that brokerage, not the agent. Realtor is a separate label. It's a trademark of the Canadian Real Estate Association, and only its members may use it.
Who an agent can work for changes at the provincial border. British Columbia bans one licensee acting for both buyer and seller, except in remote places where nobody else can take a side. Quebec bans it for most home sales too. Ontario still allows it, but only with informed consent in writing from both of you. An Ontario agent also has to hand you RECO's information guide and walk you through it before any work starts.
Your listing agreement is with the brokerage, not the person who came to your kitchen. Commission is set by agreement, and so is the holdover clause. That clause keeps a fee owing if a buyer who toured the house during the listing buys it within a set time after the term ends. We'd read it twice.
Our listings show what each firm states on its own website. Pick your province, then your city, to reach brokerages that sell homes where you live.
Frequently asked questions
Who does the agent in a sale actually represent?
Normally, only the people who signed a written agreement with the brokerage. In Ontario, a buyer or seller with no brokerage of their own is a self-represented party, and the agent can offer limited help but can't advise them or argue their side. In Quebec, a verbal brokerage contract is void, so no signed paper means no one is working for you. Ask whose side the agent is on at the first meeting.
Can a buyer back out after an accepted offer?
In British Columbia, yes, for a short window. Buyers of most homes get three business days after acceptance to cancel for any reason, and they pay the seller a small fee based on the price. Ontario gives no such pause on a resale home. The exception there is a new condo bought from the builder, which comes with a ten-day cooling-off period.
What does the listing agreement set out?
The brokerage, the term, the commission and the share offered to a buyer's brokerage, the marketing, and the holdover. That last clause is the one sellers argue about later. RECO says you're free to negotiate the holdover terms. Ask for a short one before you sign, while you still have something to trade.
Can I cancel a listing before it ends?
Only if the brokerage agrees, in most cases. RECO warns that a brokerage usually has no duty to let you go before the expiry date. Suspending and cancelling are different things. A suspended listing comes off the market, but you're still bound and can't list with anyone else. If they do cancel, get it in writing, with the buyers the holdover still covers.
Where can I look up an agent's licence and record?
Look them up on your province's public register. RECO runs one for Ontario, BCFSA for British Columbia, RECA for Alberta and the OACIQ for Quebec. Most of them also show recent discipline. Make sure the brokerage named there matches the one on your paperwork. In Ontario, every agent and brokerage has to be registered with RECO to trade at all.
Who pays a buyer's agent?
Usually the seller, through a share of the listing commission. In Quebec, the OACIQ explains that the share paid to your broker comes off what your own brokerage contract promises, so you pay nothing extra when the two amounts match. In Ontario, a buyer representation agreement sets the fee and the term. Ask what happens with a private sale, where no one offers your brokerage a share.
