Multiple Representation in Ontario: What TRESA Requires
Updated: Sep 20
Both sides of one deal is a conflict a signature alone can't fix. Ontario still permits multiple representation. It does not permit doing it casually.
The rules to know
"Customer" is gone. In a trade, a person is a client of a brokerage or a self-represented party. There is no half-served middle.
Designated representation exists. The agreement is with the brokerage, but one or more named agents represent the client. The brokerage provides services, not representation, and stays objective and impartial.
Consent must be informed and in writing. From every affected client. Any of them can say no.
When it's multiple representation
Under brokerage representation, the brokerage and all its agents represent the client. If the brokerage represents buyer and seller in the same trade, or two buyers competing for the same property, it's multiple representation. Different agents don't change that.
Under designated representation, different designated representatives can act for different clients in the same trade without it. The same designated representative acting for buyer and seller, or for competing buyers, is multiple representation.
Mixing the two models doesn't sidestep it. If one client is under brokerage representation and another is under designated representation at the same brokerage, that is multiple representation. If the client is working with the same designated agent, still multiple representation.
Know which model each affected client's agreement creates. Not just your own client's. Your obligations depend on it.
What changes once you're in it
You stop advocating. You treat the affected clients objectively and impartially.
No advice that favours one over the other. That includes what to offer, what to accept and what terms to push.
Confidential information stays protected: the seller's floor, the buyer's ceiling, motivation, deadlines, personal circumstances. It moves only with that client's written consent, or where the law authorizes or requires it. Consenting to multiple representation is not consent to disclose.
Say the loss of advocacy out loud, in plain words, before you ask for consent. The service changed, not just the paperwork.
What a Broker of Record looks for
Timing. Disclosure when the situation is identified, and no further steps for the affected clients until every one of them has consented in writing. RECO's view: at offer submission is almost always too late.
Disclosure that explains. In writing, specific to the situation, covering how duties, services and remuneration change. Best efforts to get written acknowledgement of receipt. Acknowledging receipt is not consenting.
Every client's consent. One client's signature can't stand in for another's.
Independent advice. The file shows the clients were advised, before consenting, to seek independent professional advice, told they can decline, and told the alternatives.
The RECO Information Guide. Provided and explained before services or assistance began, with evidence of both. An acknowledgement isn't a legislative requirement. Your brokerage's policy may make it one.
Any self-represented party. Status verified. The guide and RECO's Information and Disclosure to Self-represented Party form (the version that matches your client's agreement) provided and explained before any assistance, with best efforts at a written acknowledgement. They must understand you work for your client, not them.
The messages. "I'll get you the best price" sent to both sides of one deal reads very badly in a complaint.
Separate agents don't end every disclosure
When the brokerage has a seller client and a buyer client in the same trade, every other buyer who makes a written offer must be told in writing, as soon as possible after the brokerage's own buyer client makes a written offer, and always before any offer is accepted. That applies even when separate designated representatives mean there's no multiple representation. It's a disclosure, not a request for their consent.
The alternative
Look at separate representation before you accept the conflict: a referral to another brokerage, or different designated representatives with the agreements and paperwork to support it.
Handing the client to a colleague does not fix multiple representation under brokerage representation. The agreements decide that, not the handoff.
A referral fee may be available by agreement. It isn't automatic, it's subject to the financial-benefit disclosure rules and brokerage policy, and it's paid through your brokerage. It shouldn't drive the advice.
Check brokerage policy too. Legal doesn't mean your brokerage allows it in every situation.
A bigger commission is never a reason to take a conflict you can't manage.
Quick answers
Is multiple representation legal in Ontario?
Yes, with the required written disclosure and the informed written consent of every affected client. Any client can refuse, and without consent it can't proceed.
What is designated representation under TRESA?
The agreement is with the brokerage, but one or more named agents represent the client. The brokerage provides services and stays impartial.
Can one agent represent both buyer and seller in Ontario?
Yes, where the requirements are met and the brokerage allows it. Both clients consent in writing, and the agent acts impartially instead of negotiating for either. Consent doesn't bring back undivided loyalty.
What is a self-represented party?
A person who is not a client of any brokerage in that trade. The other side's agent can't give them services, opinions or advice. Any help is a service to the agent's own client.
Related reading
Ricky Rathore, ABR, SRS, FRI
Founding Partner and Lawyer
Broker of Record and Owner - REMAX Metropolis Realty, Brokerage
A note from the lawyer: this is general information, not legal advice, and reading it doesn't make me your lawyer. Rules change and every situation differs - confirm current requirements with RECO and get advice on your own facts before you act.
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