OTTAWA REAL ESTATE
What Is a Buyer Representation Agreement in Ontario?
A buyer representation agreement is a written contract between a buyer and a real estate brokerage that formalizes the agent’s duty to represent the buyer and sets out the term, the geographic area, the property type and how the agent is paid. In Ontario, it is governed by the Trust in Real Estate Services Act and regulated by the Real Estate Council of Ontario.
Signing one turns a casual working relationship into a formal one, with clear duties of loyalty, confidentiality and full disclosure owed to the buyer. Understanding the key terms before signing protects the buyer and prevents surprises later.
Jason Polonski is a full-time Ottawa and Kanata REALTOR® with Right at Home Realty who explains every term of the agreement plainly before a buyer signs. Buyers can reach him by phone at (613) 601-9333 or by email at polonskiottawa@gmail.com.
What a Buyer Representation Agreement Includes
The agreement is a standard form that covers a few key terms. Knowing what each one means lets a buyer sign with confidence.
| Term | What it means |
|---|---|
| Duration and expiry | The period the agreement is in effect, from weeks to months |
| Geographic area | The area where it applies, such as Ottawa or Kanata |
| Property type | The type of property it covers, such as residential resale |
| Services | The agent’s duties, from search to closing |
| Remuneration | How the agent is paid, usually through the seller’s side |
| Holdover period | A period after expiry when commission may still apply |
Buyers should pay particular attention to the term length, the area and the holdover period, since these define the scope and duration of the commitment. Jason reviews each with the buyer before anything is signed.
The Legal Framework: TRESA and RECO
Real estate representation in Ontario is governed by the Trust in Real Estate Services Act and overseen by the Real Estate Council of Ontario. The Act sets the standards of conduct that every brokerage and agent must follow.
Before providing services, a brokerage must give the buyer the RECO Information Guide, which explains representation and the buyer’s options. The Act also introduced designated representation, where a specific salesperson, rather than the entire brokerage, is named to represent the buyer.
Buyers who choose not to be represented become a self-represented party, owed only limited duties such as honesty and fairness. The Government of Ontario and Consumer Protection Ontario provide further guidance on consumer rights in a purchase.
Why Sign a Buyer Representation Agreement?
The agreement formalizes an agent’s commitment to work in the buyer’s best interest. Without it, the relationship is informal, and the level of duty owed is lower.
Once signed, the buyer gains a fiduciary who owes loyalty, confidentiality and full disclosure, and who is committed to advocating for the buyer alone. This is the foundation of the service described in Jason’s guide to what a REALTOR® does for a buyer.
The agreement also brings clarity. It sets out exactly what the agent will do, how they are paid, and for how long, so both sides know what to expect.
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What the Agreement Does Not Mean
A few misconceptions cause buyers to hesitate. Clearing them up makes the decision easier.
The agreement does not usually mean the buyer pays the agent directly, because remuneration is typically arranged through the seller’s side, a point Jason covers in Whether Buyers Pay Real Estate Commission. It also does not lock a buyer into a bad relationship forever, since most agreements can be ended by mutual agreement.
Most agreements are exclusive, meaning the buyer commits to working with one brokerage for the term. This focus is what allows an agent to invest fully in the search, rather than competing with other agents for the same buyer.
Understanding the Holdover Clause
The holdover clause is the term buyers most often overlook. It provides that if a buyer purchases a property the brokerage introduced them to during the agreement, the brokerage may still be owed commission for a set period after the agreement expires.
The purpose is fair: it prevents a buyer from using an agent’s work and then closing the deal after the agreement ends to avoid paying. The holdover period and the properties it applies to are spelled out in the agreement.
Jason explains the holdover clause clearly so buyers understand exactly what it covers before signing.
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Can a Buyer Representation Agreement Be Cancelled?
An agreement can generally be ended, though the specific terms vary. The cleanest path is a mutual release, where the buyer and brokerage agree to end the arrangement.
Because cancellation terms differ, buyers should read the agreement and discuss options with the brokerage before signing. A reputable agent will not want to hold a buyer to an agreement that is not working.
The best protection is choosing the right agent from the start, which is covered in Jason’s guide to choosing a buyer’s agent.
Before Signing the Agreement
A buyer does not sign a representation agreement cold. The process starts with a consultation where the agent learns the buyer’s goals, budget and timeline, and explains how representation works.
Before providing services, the brokerage gives the buyer the RECO Information Guide and reviews the agreement’s terms, including the duration, area and holdover clause. This is the moment to ask questions and confirm everything is clear.
Neutral guidance on the wider home-buying process is available from the Financial Consumer Agency of Canada, and current listings can be searched on Realtor.ca. A buyer who understands the agreement signs with confidence.
How Jason Polonski Works With Buyers
Jason approaches the buyer representation agreement with transparency, not pressure. He walks through every term, answers questions, and makes sure a buyer understands the commitment before signing.
His hands-on background in construction and the electrical trades, and a Bachelor of Commerce in Marketing and Finance mean buyers get both a knowledgeable advocate and a clear explanation of the paperwork. He treats his role as a move coordinator first, leading with a plan rather than a contract.
He has been recognized as Best in Ottawa Top REALTOR® for 2026, seven years running, along with Top Choice REALTOR® honours for Kanata and Stittsville. More is on the About Jason Polonski page, and current reviews are on his Google Business Profile. Professional standards for agreements are set by the Ontario Real Estate Association and the Canadian Real Estate Association.
Ready to Work With a Buyer’s Agent in Ottawa?
A clear buyer representation agreement, explained by an honest agent, is the foundation of a smooth purchase. Jason Polonski makes sure every buyer understands the terms before committing.
A short, no-obligation conversation about goals, budget and timeline is the best place to begin. Buyers can reach Jason directly by phone at (613) 601-9333 or by email at polonskiottawa@gmail.com, or return to the full buying a house in Ottawa guide for more.
What Is a Buyer Representation Agreement (FAQs)
It is a written contract between a buyer and a real estate brokerage that formalizes the agent’s duty to represent the buyer. It sets out the term, geographic area, property type, services and how the agent is paid.
Usually not. Remuneration is typically arranged through the seller’s side of the transaction, so most buyers pay no separate fee. The agreement sets out any exceptions.
The term is negotiable and can range from a few weeks to several months, depending on the buyer’s timeline. The expiry date is set out in the agreement.
The holdover clause provides that if a buyer purchases a property that the brokerage introduced them to, a commission may still apply for a set period after the agreement expires. It prevents a buyer from bypassing the agent’s work.
Generally, yes, most often through a mutual release agreed to by the buyer and the brokerage. Because terms vary, buyers should review the cancellation clause and discuss options before signing.
A buyer can choose to be represented or to remain a self-represented party. Before providing services, a brokerage must give the buyer the RECO Information Guide, which explains these options.
Buyers reach out by phone at (613) 601-9333 or email at polonskiottawa@gmail.com. Jason begins with a no-obligation conversation and explains the agreement fully before anything is signed.
