Under TRESA, in force since December 1, 2023, offer contents are confidential by default. Your agent may not share anything in an offer without your written direction. You may opt into an open offer process and decide what is disclosed, buyers who submit written offers must be told how many competing offers exist, and bully offers require your written instructions.
What is a bully offer?
A bully offer — formally, a pre-emptive offer — is an offer submitted before the date the seller has advertised for reviewing offers. The buyer’s aim is to jump the queue: present a strong offer early, often with a short deadline, and persuade the seller to deal before other buyers are organized. They are legal and a normal feature of competitive stretches in the Toronto market — but they can only be entertained on the seller’s written terms.
The framework governing all of this is the Trust in Real Estate Services Act (TRESA) and its regulations, which came into force on December 1, 2023, together with guidance published by the Real Estate Council of Ontario (RECO), the provincial regulator. This article walks through what those rules say for sellers, and what buyers competing for your home are entitled to know.
What are the rules for competing offers under TRESA?
The default is confidentiality. RECO’s guidance for sellers dealing with competing offers is unambiguous: the contents of an offer — price, deposit, conditions, closing date, all of it — are confidential, and your agent may not share any part of any offer with anyone unless you give a clear direction to do so, in writing.
What competing buyers must be told: any buyer who has submitted a written offer is entitled to know the number of competing written offers. Not the amounts, not the terms — the count. That disclosure floor applies however you handle everything else.
One boundary you cannot cross even deliberately: personal or identifying information about a buyer is never shareable. Even under an open offer process, competing buyers’ identities and personal details stay confidential.
| Situation | The rule | Who decides |
|---|---|---|
| Default treatment of offer contents | Confidential — no part of any offer may be shared | Automatic under TRESA; no decision needed |
| Sharing any offer content with other buyers | Only with the seller’s clear, written direction | The seller, in writing |
| Number of competing written offers | Must be disclosed to every buyer who submitted a written offer | Nobody — disclosure of the count is required |
| Open offer process — scope of disclosure | Seller chooses what to share (may include price, or not) and can change direction at any time | The seller |
| Buyers’ personal or identifying information | Never shareable, even in an open offer process | Nobody — prohibited outright |
| Reviewing a bully (pre-emptive) offer | Agent needs written seller instructions; everyone who expressed interest must be notified in writing of the changed offer date | The seller instructs; the agent must notify |
What is an open offer process, and should you use one?
TRESA gave Ontario sellers a choice: you may direct your agent to run an open offer process, in which some contents of competing offers are disclosed to other buyers. RECO’s guidance on open offers puts the control squarely with you — the seller decides how much competing-offer information to share, which may include the offered price or may not, and you can change your direction at any time.
Should you use one? My professional judgment: it is situational. The case for openness is that buyers who can see the number to beat may sharpen their offers rather than guess. The case against is that disclosure runs both ways — showing every buyer the leading price can set a ceiling as easily as start a race. Decide on the depth of interest in the specific listing, and remember you can adjust course mid-stream.
What happens when a bully offer arrives?
Two things have to be true before your agent can even bring you a pre-emptive offer for review. First, RECO’s bulletin on managing pre-emptive offers requires that the agent have your written instructions covering whether pre-emptive offers will be entertained at all — that conversation belongs at listing time, not at 9 p.m. when the offer lands. Second, if you do decide to review one, the bulletin requires your agent to notify, in writing, everyone who expressed interest in the property that the offer presentation date and time have changed. The queue-jump cannot happen in the dark: interested buyers must be told the timetable has moved so they can respond.
Whether to take a strong bully offer is a judgment call: it turns on the depth of early interest, how the offer compares to realistic expectations for offer night, and what certainty is worth to you. The rules do not answer that — they just guarantee you decide it, in writing, with interested buyers informed.
What conditions do offers typically include?
Beyond price, most offers contain conditions — standard practice rather than regulated requirements; RECO’s information guide walks through them in plain language. The common ones: a financing condition giving the buyer time to confirm their mortgage; a home inspection condition; and for condos, a status certificate review condition so the buyer’s lawyer can examine the corporation’s finances and rules. A firm offer with no conditions trades certainty for the protections those clauses give the buyer — which is why firm bully offers are tempting and deserve a clear-eyed comparison rather than a reflexive yes.
Closing mechanics are similarly standard: on closing day the lawyers exchange funds, title is registered, and keys are released once registration is done.
How I help
When I list a home, the offer-handling strategy — presentation date, whether we entertain pre-emptive offers, and what if anything gets disclosed — is settled in writing on day one, so nothing about a bully offer or a crowded offer night catches us unprepared. You get my read on each offer’s real strength, conditions included, alongside the rules that govern what we can and cannot do.
The takeaway
Ontario’s offer rules put sellers in control on paper — confidentiality by default, disclosure only on your written direction, bully offers only on your written instructions — but control is only real if the decisions are made before the pressure arrives. Settle your offer strategy at listing time, and the rules become your tools rather than your surprises.
Expecting competing offers on your sale?
Send me your address and your timeline, and I will send back a suggested offer-handling strategy for your listing — presentation date, bully-offer instructions and disclosure approach — with the reasoning spelled out. No pitch, no obligation.
connect@jatindua.com · 437-987-1925 · Book a free consultation
Confidential. Reviewed personally and answered within 24 hours. I never share, sell or distribute your information.
Frequently asked questions
Are bully offers legal in Ontario?
Yes. Pre-emptive offers are lawful, but RECO’s bulletin on managing them requires the seller’s agent to have written instructions on whether they will be entertained, and if the seller reviews one, the agent must notify in writing everyone who expressed interest in the property that the offer presentation date and time have changed.
Can my agent tell other buyers the highest bid?
Only if you, the seller, direct it clearly and in writing — typically as part of an open offer process. Without that written direction, all offer contents are confidential under TRESA and your agent may not share any of them. Buyers’ personal or identifying information can never be shared in any process.
Can a seller change their mind partway through an open offer process?
Yes. RECO’s guidance on open offers says the seller decides how much competing-offer information to share — which may or may not include price — and can change that direction at any time. Each direction is given to your agent in writing.
Do buyers find out how many other offers there are?
Yes, at the level of a count. Under Ontario’s rules, buyers who have submitted a written offer are entitled to know the number of competing written offers. They are not entitled to the contents of those offers — prices, conditions or closing dates — unless the seller has directed disclosure in writing.
Sources
- RECO — Dealing with competing offers (information for sellers). The default confidentiality of offer contents, the requirement of the seller’s clear written direction before sharing, and the bar on sharing personal information. Accessed 13 August 2026.
- RECO — About open offers. The seller’s control over what is disclosed in an open offer process, the ability to change direction at any time, and buyers’ entitlement to know the number of competing offers. Accessed 13 August 2026.
- RECO Bulletin 4.3 — Managing a pre-emptive offer. Written seller instructions for bully offers and the written-notice requirement to everyone who expressed interest when the presentation date changes. Accessed 13 August 2026.
- RECO Information Guide. Plain-language overview of the process, including common conditions: financing, inspection, status certificate review. Accessed 13 August 2026.
Related reading
- Sell first or buy first in Toronto? How to decide
- When is the best time to sell a house in Toronto?
- Who pays Realtor fees in Ontario?
- How to choose the best Realtor in Etobicoke
About the author — Jatin Dua, Etobicoke real estate agent
I am Jatin Dua, a licensed Realtor with RE/MAX Quantum Realty, working out of 799 The Queensway in Etobicoke and serving sellers and buyers across the GTA. Offer handling is where a listing is won or lost, and where the rules are most often misunderstood. Everything on this page is checked against RECO’s published guidance, and my judgment calls are labelled as such.
Reach me at connect@jatindua.com or 437-987-1925.