Skip to main content

Buyer Representation Agreements in Canada: What You Are Signing (2026)

Updated

Buyer Representation Agreements have become a bigger topic in Canadian real estate since Ontario’s TRESA rules and the US commission settlement. Here is what they contain and what is negotiable.

What a BRA includes

A standard Buyer Representation Agreement covers the following:

SectionWhat It Specifies
PartiesYour name and the brokerage name (not the individual agent)
Type of propertyResidential, commercial, land, etc.
Geographic areaCity, region, or specific neighbourhoods
TermStart date and expiry date
Commission / compensationHow the agent is paid and how much
Holdover periodHow long after expiry you still owe commission on properties the agent showed you
DutiesAgent’s obligation to act in your best interest (fiduciary duty)
CancellationTerms for early termination

New rules in Ontario (TRESA)

Ontario’s Trust in Real Estate Services Act, 2020 (TRESA), which came into force December 1, 2023 and replaced the old Real Estate and Business Brokers Act, 2002 (REBBA), introduced several changes:

RuleWhat It Means
Written agreementA brokerage’s agreement with a buyer client has to be in writing, and the agent gives you the RECO Information Guide before providing services
Commission transparencyThe commission amount must be clearly disclosed and agreed upon
Self-represented buyersBuyers can choose not to have representation and deal directly with the listing agent
Designated representationIn a brokerage representing both sides, designated agents must act independently
Open offersSellers can choose to have competing offers’ details disclosed; buyers can’t require it

Client or self-represented

Without a representation agreementWith one (client)
The agent doesn’t act for you or advise youThe agent acts in your best interest
You can still view homes and get informationShowings, offers and negotiation on your behalf
You negotiate for yourselfPricing advice and a CMA

How buyer agent commission works

Traditional model

Historically, the process was simple:

  1. Seller hires a listing agent and agrees to pay X% total commission (e.g., 5%)
  2. The listing agreement specifies how much goes to the buyer’s agent (e.g., 2.5%)
  3. The buyer pays nothing directly — the commission comes from the sale proceeds

What is changing

Canada hasn’t had a settlement like the US one (the NAR settlement), but commission is discussed more openly:

AspectTraditionalEvolving
Who negotiates buyer commissionSeller (via listing agreement)Buyer and their agent (via BRA)
VisibilityBuyers often unaware of commissionDisclosed upfront in BRA
FlexibilityFixed percentagesNegotiable — flat fees, reduced rates, cashback
Buyer awarenessLowIncreasing due to media coverage and regulatory changes

Commission ranges in Canada

Commission TypeTypical Range
Full-service buyer agent2.0%–2.5%
Discount buyer agent1.0%–1.5%
Cashback agent2.0%–2.5% with 0.5%–1.0% rebate to buyer
Flat-fee buyer agent$5,000–$10,000

How to negotiate your BRA

Before signing, these terms are negotiable:

1. Term length

TermRisk LevelWhen Appropriate
30 daysLowTrying out an agent
60–90 daysModerateCommon for an active search
6 monthsHighA long search with an agent you trust
12 monthsVery highLong commitment

2. Geographic scope

A narrower area limits the commitment: for example, the cities or neighbourhoods you are actually searching rather than the whole Greater Toronto Area.

3. Holdover period

Holdover LengthImpact
30 daysMinimal
60 daysModerate; common
90+ daysLong; often negotiated down

The holdover should apply only to properties the agent specifically introduced you to, not every property on the market.

4. Cancellation clause

Clauses buyers often ask for:

  • Written notice provision (e.g., 24–48 hours written notice)
  • No penalty for cancellation (or a clearly defined, reasonable fee)
  • Holdover clause limited to specific properties shown

What if you are unhappy with your agent?

StepAction
1. Talk to your agentExpress your concerns — many issues can be resolved through communication
2. Contact the broker of recordEvery brokerage has a broker of record who oversees agents; they can reassign you
3. Request a mutual releaseAsk to be released from the BRA without penalty
4. Let the BRA expireIf the term is short, wait and don’t renew
5. File a complaintIf the agent has acted unprofessionally, file a complaint with RECO (Ontario) or your provincial regulator

Choosing not to have representation

You can buy a home without a buyer’s agent. In Ontario, this means you are a self-represented party (sometimes called a customer, not a client):

With Agent (Client)Without Agent (Self-Represented)
Agent has fiduciary duty to youListing agent has no duty to you (represents seller)
Agent negotiates on your behalfYou negotiate directly
Agent reviews comparables and advises on priceYou do your own research
Commission paid to buyer agentPotentially negotiate a price reduction or request commission savings
Legal protection through representation agreementYour only protection is your real estate lawyer

If you go unrepresented, your real estate lawyer is your only professional advocate.

Key takeaways

  1. Every term of a BRA is negotiable before signing
  2. A short term and a narrow area limit the commitment
  3. A holdover clause can be limited to properties the agent showed you
  4. A mutual release can end an agreement that isn’t working
  5. Compensation can be discussed upfront
🏠

Compare mortgage rates from 30+ lenders

Homewise searches options from over 30 banks and lenders and negotiates for you, free of charge. The online application takes about 5 minutes.

Get Started →

Disclosure: Homewise is a WealthNorth referral partner. WealthNorth may receive a referral fee if you use Homewise through this link. This does not affect your rate or cost.