Published 2 November 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
Usually only with the brokerage’s agreement or under a termination clause in your contract. In Ontario the listing agreement is with the brokerage, and the law requires termination terms only if there are any. Ask the broker of record in writing for a signed release, and make sure it deals with the holdover clause before you list elsewhere.
This guide is for Ontario home sellers who have signed a listing agreement and now want out, whether the agent has gone quiet, the home is not selling or your plans have changed. You will learn what the law and the MLS rules actually say, the difference between cancelling, suspending and waiting for the listing to expire, how to ask for a release, and how to avoid paying two commissions.
Can you cancel a listing agreement in Ontario?
Yes, but usually only if the brokerage agrees or your agreement gives you a way out. A listing agreement is a contract between you and the brokerage, not between you and the individual agent. There is no general right in Ontario’s real estate law to walk away from it whenever you like.
The rule that matters is in Ontario Regulation 567/05, under the Trust in Real Estate Services Act, 2002 (TRESA). Section 13.4 lists what a written agreement with a buyer or seller must set out. One item is “the terms related to termination of the agreement, if any.” Those last two words mean an agreement can be legal even if it gives you no termination right at all.
The Real Estate Council of Ontario (RECO), which regulates agents, tells sellers that the agreement should list all the circumstances in which it can be terminated, and any penalties or costs that apply. So the first step is not an argument. It is reading your own agreement. If you want the legal detail, my guide to Ontario representation agreements under TRESA goes through the regulation line by line.
What to look for in your agreement
- The expiry date. By law it must appear prominently on the first page, you must have initialled beside it, and there can be only one expiry date in the agreement.
- Any termination clause. Often in a schedule at the back. It may allow cancellation with notice, or for a fee.
- The holdover clause. This sets how long after the agreement ends you could still owe commission.
- Whether it is a designated representation agreement. If so, a named agent is your representative, which matters if your problem is with one person.
What are your options if you want out of a listing?
People use “cancel” loosely. There are really five different things you can do, and they have very different effects.
| Option | What it does | Do you need the brokerage to agree? | Can you list elsewhere right away? |
|---|---|---|---|
| Cancellation (release) | A written agreement that ends the listing agreement | Yes, unless your contract gives you a termination right | Yes, once signed, but check the holdover terms |
| Suspension | Takes the home off the market for showings and offers; the agreement stays in force | It is done by the listing brokerage on your instruction | No |
| Amendment | Changes the price, end date, commission or other terms | Yes | Not applicable; you stay with the same brokerage |
| Change of agent | A different agent at the same brokerage takes over | Yes, and for a designated agreement you must agree too | Not applicable |
| Let it expire | The agreement ends on the date on page one | No | Yes, after expiry, subject to the holdover clause |
Source: PropTx MLS Rules (effective 2 December 2024), definition of Cancellation and rule on suspension; RECO, signing a contract with a real estate brokerage; O. Reg. 567/05, s. 13.4.
The PropTx MLS Rules, which govern listings on the Toronto-area MLS system, define a cancellation as a written agreement between the listing brokerage and the seller that ends the MLS listing agreement. They also say that when a listing becomes unavailable for showings, inspections or offers, the listing brokerage must suspend it. A suspension pauses the marketing. It does not free you.
How do you ask the brokerage to release you?
Put it in writing and send it to the right person. Because the contract is with the brokerage, the decision sits with the broker of record or the office manager, not only with your agent. Going to them is not rude. It is going to the people who can actually sign a release.
A clear request usually covers:
- The property address, the listing number and the date you signed.
- What you are asking for: a full cancellation of the listing agreement on a specific date.
- Your reason, kept factual. For example, services in the agreement that were not provided, or a change in your circumstances.
- What you want the release to say about the holdover clause and any costs.
- A request for a signed copy. Section 13.7 of O. Reg. 567/05 says the brokerage must make sure you are immediately given a copy of a written agreement.
Many brokerages will agree to a release, especially when the relationship has clearly broken down. Some will ask you to cover marketing costs already spent. That is a negotiation, so ask for the amount and what it covers in writing before you sign anything.
Can you fire your realtor but keep the brokerage?
Often, yes, and it is sometimes the easiest fix. If the problem is the individual agent rather than the company, ask the brokerage to assign someone else. RECO explains that under a designated representation agreement, the brokerage cannot appoint a different designated representative unless you agree. That works both ways. You have a say in who replaces your agent, and the brokerage cannot quietly switch agents on you.
A change of agent keeps your listing history, photos and showing feedback in place, and avoids the holdover questions that come with leaving the brokerage. If the issue is the price or the marketing plan, though, a new face at the same office may not change much.
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What happens to the holdover clause if you cancel?
It may survive. A holdover clause says that if you sell within a set period after the agreement ends, you can still owe the commission under certain conditions. Those conditions are written in your agreement, and they usually turn on whether the buyer learned about or saw the home while it was listed. RECO says the clause is designed to protect the brokerage and that there is no minimum or set length for a holdover period. Its example uses 30 days, but your agreement may say something different.
A cancellation does not wipe the holdover out unless the release says so. If you want a clean break, ask for wording that ends the holdover or limits it to a written list of buyers who actually viewed the home. My guide to the holdover clause explains how it is triggered.
The two-commission trap
The risk is selling, during the holdover period, to a buyer from the first listing while you are now listed with a second brokerage. You could face claims from both. Read your holdover clause before you sign with anyone new, and tell the new brokerage about any buyers who viewed the home during the first listing.
Can you list with another agent before your listing expires?
Not safely while the first agreement is still alive. TRESA section 33(3) says no brokerage is entitled to claim payment from a seller for a property it knows is covered by an unexpired listing agreement with another brokerage, unless the seller agrees in writing. The PropTx MLS Rules also allow only one MLS listing for the same type of trade, signed by the same seller, at any one time.
In plain English: get the written release first, then sign with the new brokerage. If the first brokerage will not release you, the cleanest path is often to let the agreement expire and list again after that.
Do not cancel your listing to dodge a buyer who has already made, or is about to make, an offer, and then sell to that buyer privately. The PropTx MLS Rules say members may not avoid reporting a sale by cancelling a listing between receiving an offer and accepting it, or by encouraging a seller to do so. Separately, a buyer who saw the home while it was listed is exactly who the holdover clause is written to catch.
Will RECO cancel a listing agreement for you?
No. RECO states that it has no authority to order refunds, cancel contracts, or award damages. It can investigate an agent’s conduct and take action against a registration, but it cannot release you from a contract. A dispute about money under the agreement is a civil matter. For that, speak to a real estate lawyer.
If you believe the brokerage has broken the rules, such as not giving you a copy of your agreement or burying the expiry date, you can file a complaint with RECO. Just be clear about what a complaint can and cannot do for you.
How long should a listing agreement be in 2027?
There is no standard length. RECO says an agreement can last a day, a few weeks or months. For listings on the Toronto-area MLS system, though, the PropTx rules require an MLS listing agreement to run for at least 60 days from its start date. So shorter than 60 days is not an option if you want MLS exposure.
Use real selling times to set the term. In October 2026, homes that sold across the GTA had been listed for 31 days on average, and 49 days when earlier listings of the same property are counted.
| Area, October 2026 | Avg days on market (this listing) | Avg days counting earlier listings | Sale price vs list price | Months of inventory |
|---|---|---|---|---|
| All TRREB areas | 31 | 49 | 97% | 4.6 |
| City of Toronto | 30 | 45 | 98% | 4.6 |
| Peel Region | 33 | 54 | 97% | 4.9 |
| York Region | 33 | 51 | 97% | 5.0 |
| Halton Region | 34 | 52 | 96% | 4.2 |
| Durham Region | 29 | 45 | 98% | 3.6 |
Source: TRREB Market Watch, October 2026, all home types. Averages count only homes that sold; listings that expired unsold are not included.
The gap between the two columns shows how often homes are relisted before they sell. A 90-day term covers a typical sale with room to adjust. If you are nervous, ask for a 60-day term with an option to extend, rather than a long term you cannot leave.
The best time to plan your exit is before you sign. In my experience, sellers who end up stuck almost always signed a long term with no termination terms and a holdover period nobody discussed. Ask for three things in writing up front: a term that matches real selling times in your area, a clause that lets you end the agreement with notice if agreed services are not delivered, and a holdover period you are comfortable with. A good brokerage will not be afraid of any of them. If you are already locked in, a polite written request to the broker of record works more often than a heated phone call with the agent. For a deeper look at the cancellation form itself, read what Ontario law lets you do when your agent will not cancel.
What to do next
- Find your signed agreement and note the expiry date, any termination terms and the holdover length.
- Decide what you actually want: a new agent, a pause, a new price, or a full release.
- Send a short written request to the broker of record or manager and ask for a signed release that deals with the holdover clause.
- Do not sign with a new brokerage until you have the release or the agreement has expired.
- Before relisting, look honestly at price and preparation. My guide to what happens if your house does not sell covers the relaunch.
Need help with this? Talk to me.
I’m Jatin Dua, Broker of Record at RE/MAX Quantum Realty, and I’m the best agent to do this kind of work for you in Toronto and across the GTA. Over $100 million in GTA sales and 100+ families helped sell. Feel free to contact me any time: call or text 833-330-1925 or email [email protected].
Frequently asked questions
Can I cancel my listing agreement with my realtor in Ontario?
Only if the brokerage agrees or your agreement gives you a termination right. In Ontario the listing agreement is with the brokerage, and O. Reg. 567/05 only requires termination terms to be set out if there are any. Send a written request to the broker of record or manager, and ask for a signed release that also deals with the holdover clause.
How do I fire my real estate agent in Ontario?
Ask the brokerage, in writing, either to assign a different agent or to release you from the listing agreement. In Ontario the contract is with the brokerage, so the broker of record or manager decides. Under a designated representation agreement, RECO says the brokerage cannot appoint a new designated representative unless you agree, so you have a say in the replacement.
Is there a cooling-off period for a listing agreement in Ontario?
You should not count on one. Ontario’s real estate rules under TRESA do not give sellers a general right to cancel a listing agreement after signing, and the regulation allows an agreement to contain no termination terms at all. If you think you were pressured or misled, get advice from a real estate lawyer rather than relying on a cooling-off rule.
What is the difference between suspending and cancelling a listing?
A suspension takes the home off the market for showings and offers, but the listing agreement stays in force, so you cannot list with another brokerage. A cancellation is a written agreement between you and the listing brokerage that ends the listing agreement. Under the Toronto-area MLS rules in 2026, both are reported to the MLS system by the brokerage.
Do I owe commission if I cancel my listing and sell privately?
You might. Most Ontario listing agreements include a holdover clause, and a cancellation does not end it unless the release says so. If you sell during the holdover period, under the conditions in your agreement, such as a buyer who saw the home while it was listed, you may owe the commission. RECO says there is no minimum or set length for holdover periods.
What is the minimum length of a listing agreement in Ontario?
There is no minimum in Ontario law, and RECO says an agreement can last a day, weeks or months. For homes listed on the Toronto-area MLS system, the PropTx MLS Rules effective December 2024 require an MLS listing agreement to run for at least 60 days from its start date. In my experience, 60 to 90 days fits most GTA sales.
Can RECO force my brokerage to cancel my listing agreement?
No. The Real Estate Council of Ontario says it has no authority to cancel contracts, order refunds or award damages. It can investigate an agent’s or brokerage’s conduct and take regulatory action. If you have a money dispute under your listing agreement, that is a civil matter, so speak to a real estate lawyer.
Can I sign with a new realtor before my listing expires?
It is risky. Under section 33(3) of Ontario’s Trust in Real Estate Services Act, a brokerage cannot claim payment from a seller for a property it knows is under an unexpired listing with another brokerage, unless the seller agrees in writing. Get a signed release from the first brokerage, or wait until the agreement expires, before signing a new one.
Can my brokerage charge me to cancel the listing?
It can if your agreement says so or if you agree to it in the release. Ontario rules require agreements to set out termination terms, if any, and RECO tells sellers to check for penalties or costs before signing. Some brokerages ask sellers to cover marketing costs already spent. Ask for the amount and a breakdown in writing.
Sources
- Ontario Regulation 567/05 (General), Trust in Real Estate Services Act, 2002
- Trust in Real Estate Services Act, 2002
- RECO: Signing a contract with a real estate brokerage
- RECO: About RECO’s complaints process
- PropTx MLS Rules, effective 2 December 2024
- TRREB Market Watch, October 2026
Related reading
- Seller Closing Costs in Ontario for 2027: Every Fee Before You Get Paid
- How to Sell a House in Toronto, Step by Step (2027)
- Closing Costs on a New Build in Ontario: What Builders Add
- How Much Is My House Worth in Caledon? (2027)
About the author — Jatin Dua, Toronto and GTA real estate broker
I am Jatin Dua, Broker of Record and co-founder of RE/MAX Quantum Realty Inc., Brokerage, Unit 101, 799 The Queensway, Toronto. I work with buyers and sellers across Toronto and the GTA and have helped more than 100 families sell. Four-plus years of active GTA transactions and over $100 million in sales volume.
Reach me at [email protected] or 833-330-1925, or book a call.