What is a seller representation agreement and how is it different from a listing agreement?

In Ontario, the terms "listing agreement" and "seller representation agreement" (or "seller customer service agreement") are sometimes used interchangeably in common speech, but they have distinct meanings. A listing agreement is the document that gives the brokerage authority to list your property on MLS and market it; it also sets out the commission. A seller representation agreement is more specifically about the nature of the relationship — confirming that the brokerage represents you (owes you fiduciary duties) rather than treating you merely as a customer.

When you sign a listing agreement with a full-service brokerage, it typically incorporates both elements: the brokerage gets the authority to list your property and agrees to represent your interests. However, in some arrangements a brokerage may provide limited services to a seller as a customer without taking on full representation duties. In those cases the brokerage discloses that it does not represent you, which affects what confidential information you should share and what advice you should expect.

Always confirm at the time of signing whether the brokerage is acting as your representative (with fiduciary duties) or is providing services in a customer relationship. Ask for it to be stated clearly in the paperwork, and consult your lawyer if the distinction is not clearly explained to you.