What Is the Difference Between a Client and a Customer of a Realtor in BC?
This answer covers the law of British Columbia.
In BC, the legal line is between a client and an unrepresented party, not a customer. The Rules do not use the word "customer". A client is the principal who has engaged the licensee to provide real estate services, and an unrepresented party is a party to a trade who is not a client of a licensee for that trade.
A client is owed the full set of duties: acting in the client's best interests, keeping client information confidential, disclosing all known material information about the services, and communicating all offers in a timely, objective and unbiased manner. Everyone else, including a party who is not a client, is still owed honesty and reasonable care and skill.
A brokerage must generally have a written service agreement signed by the client and an authorized brokerage signatory before it represents the client in offering the property for sale, unless the prospective client waives that requirement. Before providing trading services, the licensee must disclose whether they will represent you as a client. If the licensee represents a client in the trade and you are unrepresented, they must also tell you the risks of receiving their assistance and recommend that you seek independent professional advice.
Key takeaways
- The BC Rules draw the line between a client and an unrepresented party, and they do not use the word customer.
- A client is owed best-interests, confidentiality, disclosure and timely, unbiased communication of offers, while everyone is owed honesty and reasonable care and skill.
- A written service agreement is generally required before a brokerage represents you in offering a property for sale, unless you waive it.
- Client duties can be changed only by written agreement, so read any agreement carefully and ask a lawyer if unsure.