How long is the typical holdover period in an Ontario listing agreement?
The holdover period in an Ontario listing agreement is negotiable and can vary, but most standard brokerage listing agreements include a holdover period of thirty to ninety days after the listing expires. Some agents may propose longer periods; the specific duration should be written into the listing agreement you sign.
During the holdover period, if a buyer who was introduced to or showed the property during the listing term purchases it — even privately, after the listing expires — the listing brokerage may claim a commission. The rationale is that the brokerage's efforts introduced that buyer to the property.
The holdover clause usually does not apply if you relist with another brokerage that earns a commission from a completely different buyer. It may also be limited if the same buyer later purchases through a new brokerage — the specific wording of your agreement governs. Before signing, ask the brokerage to explain in plain language exactly what triggers the holdover obligation and under what circumstances you would not owe them a commission after the listing expires. A real estate lawyer can review the clause and negotiate a shorter holdover period if the proposed one seems excessive.
Key takeaways
- Holdover periods commonly run thirty to ninety days after the listing expires, but this is negotiable
- The clause protects the brokerage if a buyer they introduced purchases the property after expiry
- Holdover typically does not apply if a new brokerage earns a commission from a different buyer
- Ask for a clear plain-language explanation of what triggers the holdover before signing