What Is Dual Agency in Saskatchewan Real Estate?

You may be told that the realtor you are working with, or their brokerage, also represents the other side of the same sale. That is often called dual agency, or multiple representation. It can happen on a listing that your own realtor's brokerage holds, or when a buyer wants to see a home the brokerage has listed.

It is not automatically a problem, but it changes what your realtor can do for you. This article explains the idea in plain words and the questions worth asking. The details of what is required in Saskatchewan depend on the rules that apply to your brokerage and your signed agreements, so confirm them before you agree.

This article covers the law of Saskatchewan.

What dual agency means

Normally a realtor works for one side. A seller's realtor tries to get a good price and terms for the seller, and a buyer's realtor does the same for the buyer. In dual agency, one realtor or one brokerage has duties to both people in the same transaction.

Those duties pull in different directions. A seller usually wants a higher price, and a buyer usually wants a lower one. A realtor who serves both cannot push hard for one side without letting down the other.

How your interests can be affected

• Advice on price: the realtor may be more limited in advising you how much to offer or accept.
• Confidential information: things you would tell your own realtor, such as your top price or how quickly you must sell, may be treated differently.
• Negotiation: the realtor may act more as a go-between than as your champion.
• Perceived fairness: you may feel uneasy about whether the realtor is neutral.

None of this means the realtor is acting badly. It means the role is different from one-sided representation, and you should know what you are giving up.

Consent and what to ask for

Because the role changes, it is worth asking for a clear explanation of it before you agree to anything. Ask for any agreement or disclosure form in writing, take time to read it, and do not sign under pressure. The exact form and wording that apply to a Saskatchewan brokerage should be confirmed with the brokerage and, if needed, a lawyer.

• Ask the realtor to explain in plain words what they can and cannot do for you.
• Ask what information they will keep confidential and what they will share with the other side.
• Ask whether you may decline and use a different realtor.
• Ask whether another realtor in the brokerage could represent you alone.
• Ask for copies of everything you sign.

Other ways to protect yourself

You can still get independent help. In a standard Law Society of Saskatchewan offer-to-purchase template, each party pays their own lawyer. That means a lawyer you hire acts for you and is separate from the realtor on the deal.

Buyers can also gather facts on their own. ISC Quick Search finds currently active titles by parcel number, title number, owner name or land description, and lets you view a title image. For a resale condominium, the buyer can request an estoppel certificate from the corporation, which covers fee payment status, contribution amounts, insurance, and outstanding lawsuits or judgments against the corporation. Checking these yourself means you are not relying only on the person representing both sides.

Quick Search does not show previous owners or interests that were removed, but the advanced Search tool covers those. On a title, mortgages and liens appear as registered interests, while judgments are tracked separately in the Judgment Registry.

If you are buying a new condominium, the developer must give you a copy or description of the purchase agreement, bylaws, management agreement and condominium plan, among other documents. A condominium reserve fund study must be done every five years by a qualified person, although condominiums with fewer than 12 units and single-owner rental condominiums are exempt from the reserve fund requirement. Reading these papers yourself is a practical way to check the picture you are given.

What to do next

• Pause before signing anything that mentions representing both parties.
• Write down your own priorities, such as price limit and timing, before you decide what to share.
• Compare your options: dual representation, or separate realtors for each side.
• Have a lawyer review the offer and any representation agreement.

If something feels unclear, say so and ask for it in writing. A lawyer can explain how your agreements work and what your options are.

Frequently asked questions