Before you sign with an agent: buyer representation, exclusivity and dual agency

This is general information, not legal advice. A lawyer can review any agreement you are unsure about before you sign it.

The glossary on this site defines the terms involved: buyer representation agreement, multiple representation and dual agency. This guide is about the decisions around them: what to read, what to question and when to pause.

Why the document matters

A representation agreement sets out the relationship between you and a brokerage. It affects how long you are tied to them, what you owe, and what each side must do. People often sign in the first or second meeting because everything else feels more urgent. That is when it pays to slow down.

What to look for

Clause	What it means for you	Question to ask
Term	How long the agreement lasts	Can it be shorter for a first agreement?
Exclusivity	Whether you can use other brokerages	What exactly is covered?
Services	What the agent will do	Is anything excluded?
Compensation	How the brokerage is paid	What if the seller does not cover it?
Termination	How either side can end it	What notice or conditions apply?
Tail period	Whether obligations continue after it ends	For how long and for which properties?
Representation	Whom the agent acts for	How are conflicts handled?

Multiple representation

Sometimes one brokerage represents both buyer and seller. Ontario’s rules address this, and it requires disclosure and informed consent. It can be workable, but you should understand what changes. In particular, ask what the brokerage can and cannot say to each side about price and strategy, and what happens if you decide you want someone different.

You are entitled to ask the agent to explain it in plain terms before the situation arises. If a home you like is listed by the same brokerage, you will want to know their approach in advance.

Questions worth putting in writing

1. Which documents am I being asked to sign, and why?
2. How long is the agreement, and can it be shorter?
3. What exactly does exclusivity cover?
4. How and when can I end it?
5. What happens if a property is listed by your own brokerage?
6. Who else in the brokerage might act for me?

Ask for the answers by email. A professional will not mind.

What reviewers say, and what they cannot say

Reviewers in this directory often praise agents who explain each step clearly. That is exactly the behaviour you want here: someone who reads the agreement with you instead of pointing to the signature line. Reviews cannot tell you whether a particular agreement is right for you, though, and they describe individual experiences.

When to bring in a lawyer

If the term is long, the fees are unusual, or you cannot explain a clause in your own words, have a lawyer read it. The cost is small compared with the transaction. Keep a copy of whatever you sign. It also helps to check the agent’s licence in the public registry before you put your name on anything.

If you are still choosing

Use the questions here alongside the interview list in our guide on hiring an agent. The home page lets you browse categories, and the scoring method explains how profiles are scored, though no score replaces reading your own agreement.

The right moment to ask is before your signature, not after.

A practical habit

Photograph or save every page of anything you sign, and put the dates in your calendar: the end of the term, any renewal date, and the end of any tail period. Many problems come from forgetting a deadline in a document that felt routine when it was signed. If your plans change, tell the agent in writing and ask them to confirm in writing as well.