There is no maximum term on an Ontario buyer or seller representation agreement, no statutory holdover provision, no consequence attached to expiry and no termination rule — I searched the Act and all three current regulations and found none of them. What the law requires instead is conspicuity: exactly one expiry date, displayed prominently on the first page, initialled by you. Section 13.4(1)1 vii requires only “the terms related to termination of the agreement, if any” — the regulation contemplates an agreement with no termination terms and supplies no default. Holdover clauses are contractual, not statutory, but must be disclosed as a circumstance in which remuneration may change.
Three things are said constantly about Ontario representation agreements. There is a maximum term. There is a statutory holdover period. There are rules about how to get out of one.
None of the three is true. I searched the Act and all three current regulations for a maximum term, a holdover provision, an expiry consequence and a termination rule. Zero results for each. What the legislation does instead is force the term to be conspicuous and require you to initial it — a consent mechanism rather than a substantive limit.
You are a client, or you are on your own
Section 13.3.1 of O. Reg. 567/05 killed the old customer service agreement outright:
“A brokerage shall not enter into an agreement with a buyer or seller for the purposes of trading in real estate if the agreement does not include the provision of representation.”
Since 1 December 2023 a brokerage may deal with you only as a client under a representation agreement, or as a self-represented party. There is no middle tier any more.
The agreement does not have to start in writing
This surprises people. The regulation does not require a representation agreement to be in writing at the outset — it requires an oral or implied one to be reduced to writing, on a deadline, and the two deadlines are not the same.
| Side | Rule | Deadline |
|---|---|---|
| Seller (s.13.5) | Reduce to writing, sign on behalf of the brokerage, provide for signature | As soon as possible after entering the agreement and before any buyer makes an offer |
| Buyer (s.13.6) | Same | As soon as possible after entering the agreement and before the buyer makes an offer |
Note how different those triggers are operationally. On the seller side the deadline is set by an event outside the brokerage’s control. Section 13.5(2) also confirms that a “seller representation agreement” includes a listing agreement.
What must be in it
Section 13.4(1) requires the following to be set out “clearly, comprehensibly and prominently”:
- Effective date and expiry date.
- The method for determining remuneration to the brokerage — and, on the seller side, to any other brokerage.
- Every circumstance in which that amount may change, an explanation of how, and whether another brokerage may be paid.
- The method of payment.
- The services the brokerage will provide, and in a designated representation agreement the fact that the brokerage will not provide representation.
- For designated representation: each representative by name, their services, and the text of the brokerage’s section 22.0.4 duties and the representative’s section 22.0.5 duty.
- “The terms related to termination of the agreement, if any.”
Plus three formalities: the expiry date prominently on the first page, your initials next to it, and — section 13.4(2) — only one expiry date in the whole agreement.
There is no maximum term
No six-month cap. No one-year cap. No cap of any kind, in the Act or in any regulation under it. Any article telling you TRESA caps a buyer representation agreement is describing law that does not exist, or law that was revoked.
Two indirect constraints do exist, and both work by protecting the other brokerage rather than you:
- s.23(2) of O. Reg. 567/05 — a registrant shall not charge or collect remuneration from a buyer if the registrant knows there is an unexpired buyer representation agreement between that buyer and another registrant, unless the buyer agrees in writing.
- s.33(3) of the Act — no brokerage may claim remuneration from a seller where the property is, to its knowledge, covered by an unexpired listing agreement with another brokerage, unless the seller agrees in writing.
Read those two together and the practical effect is real: an unexpired agreement with one brokerage can make it difficult to be represented by another without a written agreement about who gets paid. The length of the term is unregulated, so the term you sign is the term you get.
Holdover clauses are contractual, not statutory
I searched the Act, O. Reg. 567/05, O. Reg. 579/05 and the Code of Ethics for “holdover”, “hold over”, “six month” and “6 month”. Zero occurrences of any holdover concept.
Holdover clauses come from the standard forms, not the legislation. What the regulation does require is that the clause be disclosed: section 13.4(1)1 iii demands the identification of any circumstance in which remuneration may change, with an explanation of how. A holdover clause is such a circumstance, and it must be set out clearly, comprehensibly and prominently.
So the question to ask is not “what does the law allow?” It is “what does this agreement say, and where does it say it?” If a holdover period is buried rather than prominent, that is a section 13.4(1) problem.
Termination, and what the words “if any” are doing
Termination is not regulated. The only provision is section 13.4(1)1 vii, requiring the agreement to set out “the terms related to termination of the agreement, if any”.
Those two words are load-bearing. The regulation contemplates an agreement with no termination terms at all, and supplies no default right to get out. The legislature’s answer to that gap is disclosure rather than a right: section 13(2) paragraph 7 requires the mandatory Information Guide to indicate “that agreements with brokerages may include terms related to termination of the agreement.”
If your agreement is silent on termination, there is no statutory escape hatch. Cancellation then depends on the brokerage agreeing, or on ordinary contract law. Read that clause before you sign, because it is the one the regulation expressly allows to be missing.
Copies, immediately
Section 13.7: where a brokerage and one or more other persons enter into a written agreement in connection with a trade, the brokerage “shall ensure that each of the other persons is immediately given a copy of the agreement.” Not later that day. Immediately.
And section 13.2 requires a registrant representing a client to use best efforts to ensure any agreement conveying an interest in real estate is in writing and legible.
The five-minute check on any agreement put in front of you
- Is the expiry date on page one, and have I initialled it? Both are mandatory.
- Is there exactly one expiry date? Section 13.4(2) says there must be.
- Is there a holdover clause, and how long? Nothing in law limits it.
- Are there termination terms at all? The regulation permits their absence.
- Does it name a designated representative, and does it say the brokerage will not represent me?
- Did I get a copy immediately?
Been asked to sign a representation agreement, or want out of one?
Send me the agreement and I will show you where the expiry date, the holdover clause and the termination terms are — and tell you plainly if any of the three is missing or buried. If you are trying to get out of an agreement with another brokerage, I will tell you what the legislation does and does not give you, which in this area is less than most people expect. No cost, no obligation, and no expectation that you list with me.
connect@jatindua.com · 437-987-1925 · Book a free consultation
Confidential. Read personally and answered within 24 hours. I never share, sell or distribute your information.
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Frequently asked questions
Is there a maximum length for a buyer representation agreement in Ontario?
No. Neither the Trust in Real Estate Services Act, 2002 nor O. Reg. 567/05, O. Reg. 579/05 or O. Reg. 365/22 imposes any maximum term on a buyer or seller representation agreement. There is no six-month cap and no one-year cap. What the law requires instead is that the agreement contain exactly one expiry date, displayed prominently on the first page, with the buyer or seller’s initials next to it, under section 13.4(1) and (2) of O. Reg. 567/05.
Is there a statutory holdover period in Ontario?
No. Searching the Act and all three current regulations for holdover, hold over, six month and 6 month returns zero occurrences of any holdover concept. Holdover clauses are contractual, appearing in standard forms rather than in legislation. What the regulation requires is disclosure: section 13.4(1)1 iii requires the agreement to identify any circumstance in which remuneration may change and explain how, clearly, comprehensibly and prominently. A holdover clause is such a circumstance.
Can I cancel a representation agreement?
The legislation does not give you a right to. Termination is unregulated. The only provision is section 13.4(1)1 vii of O. Reg. 567/05, which requires the agreement to set out the terms related to termination of the agreement, if any. The words if any are deliberate: the regulation contemplates an agreement containing no termination terms and supplies no default right of termination. Cancellation therefore depends on what your agreement says and on ordinary contract law. The Information Guide must indicate that agreements may include termination terms, which is disclosure rather than a right.
Does a representation agreement have to be in writing?
Not at the outset. Section 1(1) of O. Reg. 567/05 defines a representation agreement as written, oral or implied. What the regulation requires is that an oral or implied agreement be reduced to writing on a deadline: on the seller side, as soon as possible after entering it and before any buyer makes an offer (section 13.5); on the buyer side, as soon as possible and before the buyer makes an offer (section 13.6). A seller representation agreement includes a listing agreement.
What happens when my representation agreement expires?
Nothing prescribed. There is no statutory or regulatory consequence attached to expiry — the agreement simply ends and you cease to be a client of that brokerage under it. Any post-expiry effects, such as a holdover obligation, come from the contract itself. The only expiry rule with legal force anywhere in the regime was transitional: section 43(3) of O. Reg. 567/05 deemed every legacy pre-TRESA customer agreement to expire 120 days after 1 December 2023, which is on or about 30 March 2024.
Can I work with a second agent while I still have an agreement with the first?
The legislation does not stop you, but it makes payment awkward, and the constraints protect the brokerages rather than you. Section 23(2) of O. Reg. 567/05 prevents a registrant from charging or collecting remuneration from a buyer where the registrant knows there is an unexpired buyer representation agreement with another registrant, unless the buyer agrees in writing. Section 33(3) of the Act prevents a brokerage claiming remuneration from a seller where the property is, to its knowledge, covered by an unexpired listing agreement with another brokerage, unless the seller agrees in writing.
When do I get a copy of what I signed?
Immediately. Section 13.7 of O. Reg. 567/05 states that where a brokerage and one or more other persons enter into a written agreement in connection with a trade in real estate, the brokerage shall ensure that each of the other persons is immediately given a copy of the agreement.
Related reading
- Designated representation in Ontario: what changed
- Competing offers: what a seller can actually let you see
- RECO complaints and discipline: what actually happens
- Deposits and brokerage trust accounts in Ontario
Sources
Every figure on this page traces to one of these, and each was read on 1 September 2026. Primary sources only — statute, regulation, and the government or agency that administers the rule. Where I could not verify something from a primary source, the page says so instead of guessing.
- Trust in Real Estate Services Act, 2002 (formerly the Real Estate and Business Brokers Act, 2002), S.O. 2002, c. 30, Sched. C. Government of Ontario e-Laws, read 2 September 2026 through the e-Laws JSON API. Consolidation period from 1 December 2023 to the e-Laws currency date, which the currency-date endpoint gives as 28 August 2026. The words designated representative, designated representation agreement, brokerage representation agreement and multiple representation do not appear anywhere in the Act; the regulation-making power is in section 51(1), paragraphs 18 v and 19 to 19.3. Accessed 1 September 2026.
- O. Reg. 567/05, General, under the Trust in Real Estate Services Act, 2002. Government of Ontario e-Laws, read 2 September 2026. Contains the entire operative designated representation regime at sections 1, 2, 13.3.1, 13.4, 22 to 22.0.5, the competing offer rules at sections 22.7 and 22.8, the deposit rules at sections 14 to 19, the disclosure of interest rule at section 22.9 and the financial benefit rule at section 23.1. Amended by O. Reg. 357/22 and O. Reg. 235/23, both effective 1 December 2023. Accessed 1 September 2026.
- O. Reg. 365/22, Code of Ethics, under the Trust in Real Estate Services Act, 2002. Government of Ontario e-Laws, read 2 September 2026. The current code of ethics, in force 1 December 2023. The word customer appears in it zero times. Section 8 imposes the best interests duty on a registrant that represents a client; section 10 prohibits providing services, opinions or advice to a self-represented party; section 12 requires written client consent before disclosing confidential information. Accessed 1 September 2026.
- O. Reg. 367/22, Discipline Committee, under the Trust in Real Estate Services Act, 2002. Government of Ontario e-Laws, read 2 September 2026. Section 6 imposes a two-year limitation on referring a matter to the discipline committee. Section 15 requires the registrar to publish final decisions on the administrative authority website and in at least one other manner, and to keep them available for at least sixty months. Accessed 1 September 2026.
- O. Reg. 579/05, Educational Requirements, Insurance, Records and Other Matters. Government of Ontario e-Laws, read 2 September 2026. Section 19 sets the general record retention period at six years; section 20 requires a brokerage acting for a seller to retain an unsuccessful written offer, or a document containing nine prescribed particulars about it, for at least one year. Section 14 requires trust shortfalls to be reported immediately. Accessed 1 September 2026.
- O. Reg. 580/05, Code of Ethics (revoked). Government of Ontario e-Laws. Carries the notice that the regulation was revoked on 1 December 2023, by O. Reg. 365/22, section 17. This is the former code of ethics, which contained the in-house appeals committee at sections 42 to 45 that no longer exists. Accessed 1 September 2026.
- Licence Appeal Tribunal, General Service — laws, rules and decisions. Tribunals Ontario, page modified 20 February 2026. Lists the Trust in Real Estate Services Act, 2002 among the statutes the Licence Appeal Tribunal hears appeals under, and states that decisions are also posted on the Canadian Legal Information Institute website. Accessed 1 September 2026.
- Legislation Act, 2006, S.O. 2006, c. 21, Sched. F. Government of Ontario e-Laws. Section 87 defines holiday, which is how Sunday is excluded from the five business day deposit rule in O. Reg. 567/05, section 17, even though Sunday is not named in that section. Accessed 1 September 2026.
- Real Estate Council of Ontario. The administrative authority that administers the Trust in Real Estate Services Act, 2002. Every path on this website returned HTTP 403 to automated retrieval on 2 September 2026, an affirmative server-side block rather than an absence, so nothing on this page relies on RECO material. Every rule stated here is quoted from the statute or regulation on e-Laws, which is the authoritative source in any event. Accessed 1 September 2026.
About the author — Jatin Dua, Broker of Record
I’m the Broker of Record at RE/MAX Quantum Realty, 799 The Queensway in Etobicoke. A broker of record is the person legally accountable for a brokerage’s compliance with the Trust in Real Estate Services Act, 2002 and its regulations, so these pages are written from the rulebook I am personally answerable to.
Everything below is quoted from the statute or the regulation, with the section number, so you can check it yourself rather than take my word for it. Where the law is silent, or where a widely repeated claim turns out not to be in the legislation at all, the page says so plainly. This is general information about the rules, not legal advice about your situation. connect@jatindua.com or 437-987-1925.