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Real Estate

Who does a real estate agent actually represent when I sell my home in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

Under Ontario's Real Estate and Business Brokers Act and the Code of Ethics under it, a listing agent (and their brokerage) represents the seller. Their fiduciary duty — to act in your best interest, disclose relevant information, keep your confidences, and use their skill on your behalf — runs to you, not to the buyer.

The buyer is typically represented by their own agent, called the buyer's representative or buyer's agent. That agent owes their duties to the buyer, not to you. Both agents may be different salespersons within the same brokerage — this is called multiple representation (formerly "dual agency") — which creates a potential conflict of interest. Ontario requires disclosure and informed written consent if the same brokerage represents both sides.

There is also the concept of a "customer" relationship: an agent can provide services to someone without owing them full fiduciary duties if that person has not formally retained the agent as a client. Understanding who represents whom prevents confusion about whose interests are truly being protected. Ask any agent you work with to explain their representation in plain language at the outset.

Key takeaways

  • Your listing agent's fiduciary duty runs to you, the seller
  • The buyer's agent represents the buyer's interests — not yours
  • Multiple representation (both sides with the same brokerage) requires disclosure and written consent
  • Ask every agent to clarify the nature of their representation at the start
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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