Published 7 September 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
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Get My Free Estimate →Start with what the law entitles you to. Under TRESA, in force since 1 December 2023, you are either a client under a written representation agreement, owed full duties, or a self-represented party, owed only fairness and honesty and no advice. Before any brokerage provides services or assistance, you must be given the RECO Information Guide, and remuneration must be disclosed in writing in the representation agreement.
Then ask questions that reveal method rather than marketing: how the price was derived, what the documented property package will contain, when the launch is and why, and what the plan is if there is no offer in three weeks. And read two clauses before you sign — the remuneration and the holdover.
What the rules give you before you decide
Under TRESA, in force since 1 December 2023:
- You are either a client, under a written representation agreement with full duties owed to you, or a self-represented party, owed only fairness and honesty and no advice. The old “customer” tier is gone.
- Before any brokerage provides services or assistance, you must be given the RECO Information Guide, which explains representation, remuneration, multiple representation and how to complain.
- Remuneration must be disclosed in writing in the representation agreement.
- Multiple representation requires written informed consent from each client, and in that arrangement the brokerage cannot advocate for either side or give pricing or negotiation advice favouring one.
- Designated representation allows a brokerage to act on both sides with separate designated representatives who can each advocate for their own client.
The questions that actually reveal competence
- How did you arrive at that price? Look for three components: land value adjusted for what can be built, depreciated replacement cost of the building, and a short list of true comparables including expired and terminated listings. An agent who offers only comparables in a market of 300 GTA sales above $3 million in four months has not done the work.
- Who is the buyer for this house, specifically, and how will they hear about it? At this level the answer should be concrete.
- What is in the documented property package? Survey, permits and dates, mechanical ages, renovation scope, tax bill, and for a condominium the status certificate.
- What is the launch date and why that week? No long weekends; competing inventory considered.
- What is the plan if there is no offer in three weeks? Decided in advance, not improvised.
- What will you tell me that I will not want to hear? The most useful question on the list.
Two clauses to read before you sign
Remuneration
The rate or amount and how it is calculated, set out in writing. Under the open offers rules, commission arrangements that could affect whether an offer is accepted may also be disclosed to competing buyers where you have authorised offer disclosure.
Holdover
After the listing expires, you can remain liable for commission if the property sells within the holdover period to a buyer introduced during the listing. Commonly 60 to 90 days, negotiable, with no statutory maximum. Ask what happens if you relist with another brokerage, and get the answer in the agreement rather than in conversation.
What to weigh less than people do
- Designations and awards. Marketing, not method.
- Brokerage brand alone. The individual and the plan matter more.
- Volume of listings. A busy agent is not automatically the right agent for a thin, slow, documentation-heavy sale.
- Presentation quality of the pitch. Everyone can produce a good deck. Ask what happens in week four.
The practical takeaway
Hire on method, contract terms and honesty. Read the RECO Information Guide you are entitled to, read the remuneration and holdover clauses before you sign, and choose the person who showed you their reasoning rather than the one who showed you the biggest number.
Frequently asked questions
What is the RECO Information Guide and when should I get it?
A plain-language guide covering representation, the risks of self-representation, brokerage duties, what to look for in a brokerage agreement including remuneration, multiple representation and consent, and how to complain. It must be provided before a brokerage provides any services or assistance.
What is designated representation?
An arrangement under TRESA where a client signs an agreement naming a specific broker or salesperson as their designated representative. It allows one brokerage to act on both sides of a transaction with separate designated representatives, each able to advocate for their own client, rather than the neutrality required in formal multiple representation.
What is a holdover clause?
A provision in a listing agreement making the seller liable for commission if the property sells after the listing expires, within a stated period, to a buyer introduced during the listing. It is commonly 60 to 90 days, it is negotiable, and there is no statutory maximum. Read it before you sign.
Can commission be structured as a percentage plus a flat fee?
Commission structures in Ontario are a matter of contract between brokerage and client. What TRESA regulates is disclosure — remuneration must be set out in writing in the representation agreement. Read what you are agreeing to and ask for anything you do not understand to be explained.
Does a luxury designation or award mean anything?
Treat it as marketing. What matters is transaction experience in your specific neighbourhood and band, the method behind their pricing, and the quality of the plan they present. Ask for specifics rather than credentials.
Should I choose the agent who quotes the highest price?
That is the most reliable way to end up with a stale listing and a reduction. Ask each agent to show the reasoning behind their number — land value, replacement cost, comparables including expired and terminated listings. Choose the reasoning, not the number.
Thinking about buying or selling at the top end?
Send me the address, or the shortlist you are considering. I will tell you what the property is actually worth today, what the land is worth without the house, what the transfer tax and carrying costs will be, and whether the deal makes sense. Confidential, always.
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.
Related reading
- TRESA in plain English: what changed for Ontario buyers and sellers
- The holdover clause: the line in your listing agreement that follows you
- When one brokerage represents both sides: the rules and the risks
- Selling a luxury home in Toronto: the complete 2026 playbook
- Cancelling a real estate agreement with a brokerage in Ontario
Sources
Everything above that is a rule, a rate or a published number comes from these. Verify anything that matters to your own deal.
About the author — Jatin Dua, Broker of Record
I’m the Broker of Record at RE/MAX Quantum Realty, 799 The Queensway in Etobicoke, and I work with buyers, sellers and investors across Toronto and the west GTA. A large part of my work sits in the upper end of the market, where the comparables are thin, the rules are heavier and the cost of a wrong number is measured in hundreds of thousands of dollars.
The free estimators on this site are mine. I built them because the first question every owner asks is “what is it worth?” and the honest answer starts with a number you can check yourself. connect@jatindua.com or 437-987-1925.