OTTAWA REAL ESTATE

TRESA Explained: Ontario's Real Estate Rules for Buyers and Sellers

What Is TRESA?

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:

  • You must get the RECO Information Guide before an agent provides services or assistance.
  • You’re either a client with a written representation agreement or a self-represented party. The old “customer” relationship is gone.
  • Brokerages can offer designated representation, where named agents represent you.
  • With the seller’s written direction, the content of competing offers can be shared with the other buyers, but personal information never can.
  • A principle-based Code of Ethics and stronger discipline powers apply to every agent.

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.

The RECO Information Guide: What You Should Receive First

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:

  • the benefits of working with an agent and the risks of representing yourself
  • the duties a brokerage and its agents owe their clients
  • what to look for in a representation agreement, including how the brokerage will be paid
  • how multiple representation works
  • how to raise a concern or file a complaint with RECO

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.

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Representation Agreements Must Now Be in Writing

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:

  • Scope: for a seller, the specific property; for a buyer, a property, an area, a property type or other requirements.
  • Services: if a service isn’t written in, don’t assume you’ll get it.
  • Remuneration: a fixed amount, a percentage, or both. Payment can’t be based on the difference between the listing price and the sale price.
  • Expiry date: it must appear prominently on the first page.
  • Holdover clause: how long after expiry the brokerage can still be owed a fee. There’s no set length, so agree to it before you sign.
  • Ending the agreement: every circumstance in which either side can terminate, and any cost.

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.

Brokerage Representation vs Designated Representation

TRESA gives brokerages two ways to represent you. RECO advises a brokerage to use one model, not to mix them.

TypeWho represents youWhat it means in practice
Brokerage representationThe whole brokerage and all of its agentsEvery agent at the brokerage owes you the duties of a representative, though one agent is usually your main contact.
Designated representationOne or more agents named in your agreementThe 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.

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Self-Represented Parties: Buying or Selling Without Your Own Agent

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 doesn’t represent you or your best interests.
  • They can’t give you services, opinions or advice, including advice on price, terms or offer clauses.
  • Anything you tell them, including what you’d really pay, can be passed to their client.

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?

Competing Offers: What a Seller Can Now Share

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 number of offers: if there are competing written offers, the seller’s brokerage must tell everyone who has made one how many there are. Verbal offers and promised offers don’t count.
  • The content of offers: the seller’s agent can share it only with the seller’s written direction, and the direction must say exactly which parts can be shared. A seller might share closing dates or conditions without sharing price.
  • Fairness: anything the seller chooses to share must go to every buyer who has made an offer.
  • Privacy: no one’s personal or identifying information can ever be shared, even if the seller asks.

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.

A Stronger Code of Ethics and Tougher Enforcement

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:

  • Disclosures must be in writing, in clear and concise language, and agents must make best efforts to get your written acknowledgement.
  • Agents must still disclose multiple representation, conflicts of interest, material facts and known latent defects, and whether a Seller Property Information Statement exists.
  • RECO’s discipline committee can now suspend or revoke an agent’s registration or add conditions to it, and RECO can look into conduct without waiting for a formal complaint.

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.

What TRESA Means for You in Practice

Here’s how the rules translate into a simple checklist.

If you’re buying in Ottawa:

  • Expect the RECO Information Guide at your first real conversation with an agent.
  • Decide whether you want representation. If you do, sign an agreement whose scope, term and fee you understand.
  • Ask whether the brokerage uses brokerage or designated representation.
  • In a bidding situation, ask whether the seller is sharing offer content.

If you’re selling:

  • Read the listing agreement’s services, fee, expiry and holdover terms before signing.
  • Decide in advance how you’ll handle buyers who don’t have an agent.
  • Decide whether you’ll direct your agent to share offer content, and put that direction in writing.

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.

About Jason Polonski

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 in Ontario (FAQs)

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.