TRESA is the Trust in Real Estate Services Act, 2002, the Ontario law that sets the rules for how real estate agents and brokerages work with buyers and sellers. It’s the same statute that used to be called the Real Estate and Business Brokers Act (REBBA). The law was renamed and overhauled, and its second phase took effect on December 1, 2023.
If you’re buying or selling a home in Ottawa, TRESA decides what your agent has to tell you before they help you, what must be in writing, who represents whom when one brokerage is on both sides, and what a seller can share about competing offers. You can read the full text of the Act on Ontario’s e-Laws site, but most people never need to. The changes that matter come down to a few practical rules:
The Act is enforced by the Real Estate Council of Ontario (RECO). I’m Jason Polonski, a REALTOR® with Right at Home Realty, and I’ve worked under both the old rules and TRESA. The new rules are mostly good news for consumers, but only if you know what to expect and what to ask for. Here’s what each change means for an Ottawa buyer or seller.
Before an agent provides services to you as a client, or any assistance if you’re representing yourself, they must give you the RECO Information Guide. It’s a short, plain-language document that explains:
Handing it over isn’t enough. Agents are required to explain the guide and answer your questions about the services they’ll provide, the type of representation they’re offering and how they get paid. Many agents share it through RECO’s online tool, which emails you a link and records when you acknowledge it. The law doesn’t require you to sign anything, but agents must make their best efforts to get your acknowledgement, and many brokerages ask for one.
In practice, the guide should arrive at the very start. If you call an agent about a house in Kanata Lakes and they begin giving advice on price and strategy before you’ve seen the guide, that’s a warning sign. I cover more of these in how to choose a realtor in Ottawa.
Before TRESA, a buyer could work with an agent as a “customer”, getting some help without being a full client. Customer service agreements are no longer permitted. Today you’re one of two things in a transaction: a client of a brokerage under a representation agreement, or a self-represented party.
RECO’s page on signing a contract with a real estate brokerage lists what a representation agreement should spell out. The points worth checking line by line are:
One nuance catches people out. An agreement can be implied by conduct even if nothing is signed. If an agent gives you advice, negotiates for you or speaks to others on your behalf, you may be treated as their client, with all the duties and consequences that brings. Signing a clear agreement protects both sides. Sellers can read my breakdown of the listing agreement in Ontario, and buyers the buyer representation agreement.
TRESA gives brokerages two ways to represent you. RECO advises a brokerage to use one model, not to mix them.
| Type | Who represents you | What it means in practice |
|---|---|---|
| Brokerage representation | The whole brokerage and all of its agents | Every agent at the brokerage owes you the duties of a representative, though one agent is usually your main contact. |
| Designated representation | One or more agents named in your agreement | The named agents represent you. The brokerage and its other agents must treat you impartially. The brokerage can’t swap your agent without your agreement. |
The difference matters most when the same brokerage is on both sides of a deal. Under brokerage representation, if a buyer client wants a home listed by another agent at the same brokerage, that’s multiple representation. It requires written disclosure and every client’s written consent, and RECO is blunt that in multiple representation none of the clients is fully represented. Designated representation lets two different agents at one brokerage each represent their own client, which reduces how often multiple representation comes up.
Multiple representation can still happen when a single agent represents both buyer and seller. Before you sign, ask the agent which model their brokerage uses and what happens if you decline to consent to multiple representation. Under some agreements the relationship ends; under others you’re referred to another agent for that one property.
A self-represented party is anyone in a transaction who isn’t receiving services from a brokerage. The most common example in Ottawa is a buyer who calls the listing agent directly or walks into an open house without an agent of their own.
RECO’s rules on dealing with a self-represented party are strict. Before helping you, the agent must give you the RECO Information Guide and a separate form called the Information and Disclosure to Self-represented Party. The form makes three things clear:
The agent can still share factual information, such as a home’s age or lot size, and help with tasks that serve their own client. They can’t steer you away from hiring your own agent. Representing yourself is legal, but go in knowing that the person across the table is working for the other side. I explain the trade-offs for buyers in do you need a realtor to buy a house?, and for sellers in can I sell my house without a realtor?
Multiple offers are common in parts of Ottawa’s west end, especially for well-priced family homes in Kanata and Stittsville in spring. TRESA changed what buyers in those situations can learn. RECO’s bulletin on the number and content of competing offers sets the rules:
The seller can change this direction at any point, and there’s no rule about warning buyers in advance. So don’t assume you’ll see the other offers, and don’t assume yours will stay private. If you’re uncomfortable with an offer-sharing process, talk to your agent about options, including keeping your offer confidential. Sellers weighing whether to share should read how to get multiple offers on your home first.
TRESA introduced a new, principle-based Code of Ethics (O. Reg. 365/22). Instead of a checklist of prohibited acts, it holds agents to broad standards of integrity, quality of service and the handling of conflicts of interest. A few practical results:
If something goes wrong, RECO recommends raising it with the agent first, then with the brokerage’s broker of record, who oversees every agent at the firm. You can also submit a complaint to RECO directly. Before hiring anyone, check the RECO public register to confirm they’re registered and see any recent discipline. If the relationship isn’t working, my guide on how to change or fire your realtor in Ontario walks through the steps.
Here’s how the rules translate into a simple checklist.
If you’re buying in Ottawa:
If you’re selling:
For the bigger picture of how a transaction comes together, see the Ottawa real estate guide and my explanation of the difference between a realtor, an agent and a broker.
This page explains Ontario’s rules in plain language and isn’t legal advice. Regulations and RECO guidance change, so confirm current requirements with RECO or your real estate lawyer before relying on a specific point.
Jason Polonski is a full-time REALTOR® with Right at Home Realty who has helped hundreds of buyers and sellers across Ottawa for more than 15 years, with a focus on Kanata, Stittsville, Barrhaven, Nepean and the west end. He walks every client through the RECO Information Guide and the representation agreement at the first meeting, line by line, so there are no surprises later. His background in construction and the electrical trades gives clients a practical read on a home’s condition before an offer goes in, and his Bachelor of Commerce from Concordia University, with a double major in Marketing and Finance, shapes how he prices, markets and negotiates. To talk through your move, call or text Jason at (613) 601-9333 or learn more about Jason.
TRESA stands for the Trust in Real Estate Services Act, 2002. It’s the Ontario law governing real estate agents and brokerages, formerly called the Real Estate and Business Brokers Act (REBBA).
The renamed Act’s second phase, which brought the main consumer changes, took effect on December 1, 2023. That’s when customer service agreements ended and the RECO Information Guide and designated representation were introduced.
No law requires you to sign it, but your agent must give it to you, explain it, and make best efforts to get your acknowledgement before providing services. Many brokerages ask for one as a matter of policy.
Not as a client. Customer service agreements are no longer permitted, so you’re either a client under a written representation agreement or a self-represented party. An agent’s conduct can also create an implied agreement even without a signature.
It’s an option where one or more named agents represent you, rather than the whole brokerage. The brokerage can’t swap your agent without your agreement, and it reduces the chance of multiple representation when the same brokerage is on both sides.
Only the parts the seller has directed in writing, and only if that same content goes to every buyer who has made an offer. Personal or identifying information about other buyers can never be shared.
No. Commission is negotiated between you and the brokerage. Your agreement must state how the brokerage will be paid, and payment can’t be based on the difference between the listing price and the sale price.
The Real Estate Council of Ontario (RECO). It registers agents and brokerages, handles complaints, and can discipline agents, including suspending or revoking a registration.