- TRESA and RECO's rules layer additional, specific obligations onto the general fiduciary framework, including: - Disclosing, before you sign a representation agreement, what type of…
- An agent's duties, however extensive, don't turn them into your lawyer.
When you sign a Buyer Representation Agreement, your real estate agent stops being just a helpful guide to listings and becomes someone who owes you specific legal duties. Knowing what those duties are — and what they don't cover — helps you use your agent effectively and recognize if something feels off during a transaction.
In Ontario, a buyer's agent's obligations come from two overlapping sources: general fiduciary duty principles that apply to any agent-client relationship, and specific obligations set out under the Trust in Real Estate Services Act, 2002 (TRESA), the statute that regulates real estate salespeople and brokers through the Real Estate Council of Ontario (RECO).
The Core Fiduciary Duties
| Duty | What It Means in Practice |
|---|---|
| Loyalty | Your agent must act in your best interests, not steer you toward a decision that benefits the agent or brokerage over you |
| Full disclosure | Your agent must tell you material facts they're aware of that could affect your decision |
| Confidentiality | Information you share with your agent — such as your maximum budget or motivation to buy — shouldn't be disclosed to the seller's side without your consent |
| Obedience | Your agent must follow your lawful instructions about the transaction, within the scope of the representation agreement |
| Reasonable care and skill | Your agent must perform their work competently — for example, preparing accurate paperwork and advising on standard process steps |
| Accounting | Any money or documents your agent holds or handles on your behalf must be properly accounted for |
These duties exist because a representation relationship is inherently unequal: your agent typically has more transaction experience and market information than you do, and the law expects that advantage to be used for your benefit, not against you.
What TRESA Adds
TRESA and RECO's rules layer additional, specific obligations onto the general fiduciary framework, including:
- Disclosing, before you sign a representation agreement, what type of service you're getting — full representation versus more limited "customer" service
- Disclosing any conflict of interest, including if the brokerage or agent also represents (or is trying to represent) the seller
- Providing information honestly and not making false or misleading representations about a property
- Explaining the material differences between representation, customer service, and multiple or designated representation before you agree to any of them
What a Buyer's Agent Cannot Do
An agent's duties, however extensive, don't turn them into your lawyer. Realtors licensed under TRESA cannot give legal advice, draft or interpret binding legal documents, or provide legal opinions on title. If your agent tells you "don't worry, the contract is standard," or answers a legal question about your Agreement of Purchase and Sale, that's outside the scope of what they're licensed to do — those questions belong with your real estate lawyer.
When Duties Can Be Limited: Multiple and Designated Representation
Sometimes the same brokerage represents both the buyer and the seller in a transaction, or represents more than one buyer interested in the same property. TRESA permits this in certain circumstances, but only with disclosure and your informed consent, and it can change what your agent is able to advocate for or share with you compared to exclusive single-side representation. If you're asked to consent to multiple or designated representation, make sure you understand exactly what changes before agreeing.
Frequently asked questions
Can my buyer's agent also show me a property their own brokerage has listed?
Yes, but this typically triggers multiple representation, and TRESA requires the brokerage to disclose that situation and get your informed consent before proceeding, since the same brokerage would effectively be representing both sides.
What should I do if I think my agent isn't acting in my best interest?
Raise the concern directly with your agent and their brokerage in writing first. If it isn't resolved, you can file a complaint with RECO, which licenses and regulates real estate salespeople and brokerages in Ontario. For legal questions about a specific transaction, speak with a real estate lawyer.
Does my agent have to tell me if a property has known problems?
Your agent must disclose material facts they're actually aware of that would affect your decision. That's different from a home inspection or a lawyer's title review, which are separate steps designed to uncover issues an agent may not know about.
Is my agent responsible for reviewing the legal wording of my offer?
No. Your agent can help you complete standard-form paperwork, but interpreting legal terms, advising on conditions, and reviewing the binding effect of what you're signing is legal work — that's your lawyer's role, not your agent's.
This is a real estate question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.