What is multiple representation in Ontario real estate and should I be concerned?

Multiple representation in Ontario occurs when a brokerage represents both the seller and the buyer in the same transaction — either through the same salesperson or through two different salespersons within the same brokerage. This situation was formerly called dual agency.

Under REBBA and its regulations, multiple representation requires the informed, written consent of both parties before it proceeds. The brokerage must explain clearly that in multiple representation it cannot advocate fully for either client — for example, it cannot tell the buyer how low the seller will go, and cannot tell the seller the maximum the buyer will pay.

Whether to consent is a judgment call. Some sellers are comfortable with it, particularly if the buyer found the property through the listing agent's open house and everyone is aware. Others prefer that their agent focus exclusively on their interests. If you are asked to consent to multiple representation, take time to read the disclosure carefully and consult a real estate lawyer about the implications before signing. You always have the right to say no — the buyer can find separate representation instead.