Understanding Real Estate Forms in Ontario 101
Tuesday Apr 27th, 2021
Buying and selling a home in Ontario can be overwhelming. There is a lot of important paperwork involved and it can be confusing.
OREA (Ontario Real Estate Association) has created a standard set of forms that can be customized for each individual transaction. It’s important to understand that in Ontario:
📝 All Realtors (also known as real estate agents) work for and represent a Brokerage.
📝 The agreements you are signing are between the Brokerage and yourself rather than the Realtor.
📝 All documents and forms, even the Agreement of Purchase & Sale, can be signed electronically as long as an acceptable electronic signature program is used.
For the purposes of this blog, we are going to introduce you to the first few documents you will need to understand. The Working with a REALTOR (WWR) – OREA Form 810, the Buyer’s Representation Agreement (BRA); and The Customer Service Agreement (CSA).
Working with a REALTOR (WWR) – OREA Form 810 is the first document you will be asked to sign, it is required by law. It’s important to understand that form 810 is just an acknowledgment that you’ve been informed about the different ways you can be represented. You are not committing to being represented by a particular Realtor or for a specific time period.
This document is an agreement between the buyer or seller and the Brokerage, your Realtor works for the Brokerage. It is designed to protect both the buyer/seller and the Realtor. A WWR explains:
💡 the different relationships of clients as opposed to customers.
💡 what happens when a Realtor represents both the seller and the buyer in a transaction.
You will also be asked to sign one of two other documents either The Buyer’s Representation Agreement (BRA); or The Customer Service Agreement (CSA). These documents will further define your relationship with the Brokerage.
Buyer’s Representation Agreement (BRA): This agreement is also between you (the buyer) and the Brokerage that the Realtor you are working with represents. This document gives the Brokerage permission to act on your behalf in the purchase of a property. It gives the Realtor permission to submit an offer on your behalf. The point of this document is to confirm the terms of the relationship, the commission that has been agreed upon, and the length of time of the agreement. It also clarifies the role of the Realtor & what happens should the agent also represent the seller.
This agreement also states that your Realtor is obligated to:
✔️promote & protect your best interests
✔️negotiate on your behalf
✔️take all reasonable steps to discover & disclose all material facts about the property
Customer Service Agreement (CSA): This document needs to be signed if the buyer decides they don’t want to be a client or they don’t want to sign the Buyer’s Representation Agreement, but they still need some assistance.
· it’s non-exclusive
· it confirms the buyer acknowledges that the Realtor is not representing the buyers best interests
· it clarifies the commission that has been agreed upon and the length of time of the agreement
If the Brokerage is also representing the seller the contract also acknowledges that the buyer understands that the Brokerage is promoting and protecting the interests of the seller and not the buyer. It acknowledges that the Realtor is playing a restricted role but they are still obligated to:
★ act with integrity and be fair & honest
★ exercise due care when answering questions
★ provide accurate information
★ avoid misrepresentation
The only contract you are legally obligated to sign is the Working with a REALTOR (WWR) – OREA Form 810. This document ensures that you understand the obligations & responsibilities of the Brokerage that your Realtor is working with. Your Realtor will be able to clarify anything you are unclear about and answer any questions you have. Don’t sign anything until you fully understand the document.
This information should not be relied on as legal advice, financial advice, or a definitive statement of the law in any jurisdiction. For such advice, please consult your own legal counsel or financial representative.