Representation agreement guide

Buyer representation agreements in Canada: questions to ask

Understand the scope, fees, exclusivity, duration, holdover, cancellation, and service questions to review in a Canadian buyer representation agreement.

Published August 10, 2026 Reviewed August 10, 2026Scope: Canada
IN BRIEF

A buyer representation or brokerage agreement defines the relationship, services, authority, and potential remuneration, not just access to listings. Names and rules vary across Canada, so read the actual agreement and local disclosures with independent advice where needed.

Who this is for: For buyers comparing representation, reviewing an agreement, or deciding whether a limited or self-directed approach fits.

What the agreement is meant to establish

The agreement should identify the parties, the brokerage or professional, the property or search scope, the services to be provided, the term, and remuneration. It may also address exclusivity, conflicts, multiple representation, confidentiality, expenses, cancellation, and obligations that survive expiry.

Do not rely on a verbal summary when the written terms differ. Ask for time to read the agreement and a copy of every document you sign. A regulator can explain professional obligations; a lawyer or notary can advise about your legal rights and the effect of the specific contract.

Questions about scope and service

Make the expected work concrete. Ask who will arrange showings, research properties, identify documents, prepare and negotiate offers, track conditions, coordinate professionals, and remain available through closing. Clarify whether another team member may perform the work.

  • Which locations, property types, price ranges, and purchase methods are covered?
  • Is the agreement exclusive, and are private sales, builders, or properties found independently included?
  • What is outside the service, and which costs or third parties remain the buyer's responsibility?
  • How and when can either side change or end the relationship?

Questions about remuneration

Ask how the brokerage's remuneration is calculated, when it becomes payable, whether another party is expected to contribute, what happens if that contribution is lower or higher than the agreed amount, whether a rebate applies, and how taxes and expenses are treated.

A contribution offered by a seller or listing brokerage does not erase the agreement between a buyer and their brokerage. Compare the total obligation and service scope. Do not assume a service is free simply because payment may come from transaction proceeds.

Duration, holdover, and conflicts

A holdover provision may create obligations after the stated end date for certain properties or events. Ask for plain-language examples based on the proposed agreement. Also ask how the brokerage handles multiple representation or conflicts, what information may be shared, and what choices you have if a conflict arises.

If the duration, geography, exclusivity, cancellation, or holdover is broader than you want, propose a different term before signing. Whether the professional agrees is a commercial decision; whether the clause is enforceable or appropriate for you is a legal question.

YOUR JURISDICTION

Check the rules where the property is located.

Choose a province or territory to open its regulator and a legal-help resource. The links start your verification; they do not recommend any particular professional.

Choose a jurisdiction to see its official regulator and legal-help resource.

Continue your research

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