Ontario no longer has “customers”. The word appears zero times in TRESA and zero times in the current Code of Ethics. Since 1 December 2023 you are either a client under a representation agreement or a self-represented party, and the test in section 1(5) of O. Reg. 567/05 is one line: “the party is not a client”. The model inverted — the old customer got reduced service; section 10 of the Code of Ethics now prohibits a registrant from providing “services, opinions or advice” to a self-represented party, or encouraging them to rely on the registrant’s judgment. What you can receive is assistance, and only after being given a form in the registrar’s own wording that explains the risks and recommends independent advice.
For twenty years Ontario real estate ran on a three-way split: you were a client, a customer, or unrepresented. Search the current legislation for “customer” and you will not find it.
The word appears zero times in the Trust in Real Estate Services Act, 2002 and zero times in the current Code of Ethics. Since 1 December 2023 there are two categories and only two: client, or self-represented party. Any article, form or explanation framed as “duties to a client versus duties to a customer” is describing law that was revoked.
How the middle tier was removed
Two provisions did it. Section 13.3.1 of O. Reg. 567/05:
“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.”
And the definition of the new category, in section 1(1) of the Act: “‘self-represented party’ means a party that meets the prescribed criteria”. The prescribed criterion, in section 1(5) of O. Reg. 567/05, is a single line:
“With respect to a trade in real estate, the party is not a client.”
That is the whole test. Binary. There is no third option.
Legacy customer agreements were killed by a transitional rule — section 43(3) deemed any that had not expired to expire 120 days after 1 December 2023, which is on or about 30 March 2024. That is why the word still lingers in the consolidated regulation.
The model inverted
This is the part people get backwards. The old customer received reduced service. A self-represented party receives none. Section 10 of the Code of Ethics:
“A registrant shall not, in respect of a trade in real estate, (a) provide services, opinions or advice to a self-represented party; or (b) encourage a self-represented party to rely on the registrant’s knowledge, skill or judgment.”
An agent who helps you “a bit” because you are not their client is not being generous. They are breaching section 10.
What you can get instead: “assistance”, and it is gated
The permitted interaction has a name and a procedure. Section 13.1 of O. Reg. 567/05 requires that before providing assistance to a self-represented party, the brokerage give that person:
- A disclosure that the brokerage provides services to a client in the trade.
- A disclosure that the brokerage or a designated representative represents a client in the trade.
- An explanation of the risks to you of receiving assistance from them.
- A description of the type of assistance they are permitted to provide.
- A recommendation that you seek independent professional advice.
Section 13.1(2) is worth noting: the information must be given “in the form and manner determined by the registrar” — not a form the brokerage writes. And under section 13.1(3) the brokerage must explain it, make best efforts to obtain a written acknowledgement, and give you a copy of it.
If you are buying without representation and nobody has handed you that form and explained it, a required step has been skipped. It is the clearest, most checkable consumer-protection step in the whole regime.
The line between assistance and representation is “encouraging reliance”
Section 1(6) of O. Reg. 567/05 says an implied representation agreement does not arise where a broker or salesperson provides assistance to another person as a service to, or incidental to a service to, a client “without encouraging the other person to rely on the broker’s or salesperson’s skill or judgment”, or where a brokerage provides general information about the business of trading in real estate.
Section 10(b) of the Code of Ethics prohibits encouraging a self-represented party to rely on the registrant’s knowledge, skill or judgment. The same phrase does the work in both places. Explaining what a form is: general information. Telling you what to offer: advice, and prohibited.
What a client gets that you do not
Section 8 of the Code of Ethics, as amended in 2023:
“(1) A registrant that represents a client shall promote and protect the best interests of the registrant’s clients. (2) If a registrant that represents a client believes that a client’s ability to understand information or make decisions relevant to a trade in real estate may be impaired, the registrant shall make reasonable efforts to ensure that the client understands the information and appreciates the reasonably foreseeable consequences of the decision.”
Those five inserted words — “that represents a client” — matter under designated representation, where the brokerage provides services but not representation. The best-interests duty attaches to your designated representative, not to the firm.
Duties owed to everyone, client or not
Some obligations do not depend on your status, and these are the ones to know if you are self-represented.
| Provision | Duty | Owed to |
|---|---|---|
| Code of Ethics s.4 | Not to engage in or be a party to fraud | Everyone |
| Code of Ethics s.5 | Best efforts to ensure representations are accurate and not misleading; no misrepresentation or unethical practice | Everyone |
| Code of Ethics s.7 | No conduct that is intimidating, coercive or abusive or that constitutes undue pressure or harassment | Everyone |
| Act s.35.1(1)(b) | Not to represent that a written offer exists unless it is in writing | Everyone |
| O. Reg. 567/05 s.22.9 | Disclosure of the registrant’s own or related property interest | Your own client and every other person making or receiving an offer |
| O. Reg. 567/05 s.22.0.3 | That the brokerage is serving both sides of the trade | Every other buyer who makes a written offer |
| O. Reg. 567/05 s.23(4) | Seller-side remuneration terms that may affect whether an offer is accepted | Any person who makes a written offer |
The interest disclosure, and the paragraph that is new
Section 22.9 requires a registrant who “knows or ought to know” of a property interest in the real estate to disclose it. The interests caught are the registrant’s own, those of a person related to the registrant, those of a personal real estate corporation the registrant controls, those of a person related to that corporation — and, added in 2023:
“5. If the registrant is a designated representative, any property interest that the brokerage that employs the designated representative has in the real estate.”
That paragraph exists only because designated representation exists: under a brokerage agreement the brokerage’s interest is already the registrant’s, but under designated representation the brokerage is a separate actor and the gap had to be closed.
Three features worth holding on to. The standard is constructive knowledge — “ought to know”. The disclosure runs to the registrant’s client and to every other person making or receiving an offer. And the deadline is “as soon as the registrant knows or ought to know … and in any event, before any offer is made”.
Referral fees and financial benefits
Section 23.1(1) is separate from the interest rule and catches the mortgage broker, the lawyer, the inspector and the moving company. As soon as a registrant knows or ought to know of a direct or indirect financial benefit they or a related person may receive in connection with services provided to a client, they must disclose: whether it is direct or indirect, an estimate of its value, the conditions on which it would be paid, the relationship between the payer and the registrant, and whether the registrant or someone else receives it.
Section 23.1(2) is the double-ended transparency rule, and it is mutual: where a brokerage is being paid by a buyer or seller under one agreement and by someone else under another agreement in the same trade, each side must be shown the other’s remuneration terms.
Section 23(4) then exposes something specific: if the seller’s agreement contains remuneration terms that may affect whether an offer is accepted, the brokerage must disclose the existence and the details of those terms to any person who makes a written offer, as soon as possible and before any offer is accepted. That is the provision that puts reduced-commission-if-the-buyer-is-unrepresented arrangements in front of competing bidders.
Two remuneration rules that are absolute
- Act s.36(3) — no registrant may arrange remuneration “based on the difference between the price at which real estate is listed for sale or rental and the actual sale price”, nor retain any remuneration computed on that basis. Net listings are prohibited outright.
- O. Reg. 567/05 s.23(3) — a registrant shall not indicate, directly or indirectly, that remuneration is fixed or approved by the administrative authority, any government authority, or any real estate board or association. Nobody sets a standard commission.
What to do if you are self-represented
- Expect the form. Section 13.1 requires it before any assistance, in the registrar’s form, explained to you, with best efforts to get your written acknowledgement.
- Do not ask the listing agent what to offer. They are prohibited from telling you, and asking puts them in a difficult position.
- Get independent advice. The regulation requires them to recommend it; that recommendation is not a formality.
- You are still owed the honesty duties — no fraud, no misleading representations, no phantom offers, no coercion — and the disclosures in sections 22.9, 22.0.3 and 23(4).
- Understand what you are giving up. Nobody in that transaction owes you the best-interests duty in section 8. That is the trade.
Buying or selling without an agent, and want to know what you are actually owed?
Going unrepresented is a legitimate choice and I am not going to try to talk you out of it. But it is worth knowing precisely what the other side’s agent is permitted to do for you, which is less than most people assume, and what they must still disclose to you, which is more. Tell me the situation and I will set out both. If you decide you want representation afterwards, fine; if not, you will at least know where you stand.
connect@jatindua.com · 437-987-1925 · Book a free consultation
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Frequently asked questions
Is there still such a thing as a customer in Ontario real estate?
No. The word customer appears zero times in the Trust in Real Estate Services Act, 2002 and zero times in the current Code of Ethics, O. Reg. 365/22. Section 13.3.1 of O. Reg. 567/05 prohibits a brokerage from entering 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, which removed the customer service agreement. The only surviving reference is the transitional section 43 of O. Reg. 567/05, which deemed legacy customer agreements to expire 120 days after 1 December 2023, on or about 30 March 2024.
What is a self-represented party?
Section 1(1) of the Act defines it as a party that meets the prescribed criteria, and section 1(5) of O. Reg. 567/05 prescribes a single criterion: with respect to a trade in real estate, the party is not a client. It is a binary test with no third category. If you have not entered a representation agreement with a brokerage, you are a self-represented party in that trade.
Can the listing agent help me if I am not represented?
Only within narrow limits. Section 10 of the Code of Ethics prohibits a registrant from providing services, opinions or advice to a self-represented party, or encouraging a self-represented party to rely on the registrant’s knowledge, skill or judgment. What is permitted is called assistance. Before providing it, section 13.1 of O. Reg. 567/05 requires the brokerage to give you a disclosure that it provides services to a client and that it or a designated representative represents a client, an explanation of the risks to you, a description of the type of assistance permitted, and a recommendation that you seek independent professional advice.
What form should I be given if I am unrepresented?
Section 13.1(2) of O. Reg. 567/05 requires the section 13.1(1) information to be given in the form and manner determined by the registrar — it is not a form the brokerage designs. Section 13.1(3) requires the brokerage to explain the information, make best efforts to obtain a written acknowledgement that you received it, and provide you with a copy of that acknowledgement if you make it. This must happen before the assistance is provided.
What duties am I owed if I am not anyone’s client?
Several, and they are not trivial. Sections 4, 5 and 7 of the Code of Ethics prohibit fraud, misrepresentation and misleading representations, and intimidating, coercive or abusive conduct or undue pressure. Section 35.1(1)(b) of the Act prohibits representing that a written offer exists unless it is in writing. Section 22.9 of O. Reg. 567/05 requires disclosure of the registrant’s own or related property interests to every person making or receiving an offer. Section 22.0.3 requires disclosure to every other buyer making a written offer that the brokerage is serving both sides. Section 23(4) requires disclosure of seller-side remuneration terms that may affect whether an offer is accepted. What you are not owed is the best interests duty in section 8, which is expressly limited to a registrant that represents a client.
Does my agent have to tell me if they are getting a referral fee?
Yes, if you are a client. Section 23.1(1) of O. Reg. 567/05 requires disclosure as soon as the registrant knows or ought to know of a direct or indirect financial benefit that they or a person related to them may receive in connection with services provided to the client. The disclosure must state whether the benefit is direct or indirect, give an estimate of its value, describe the conditions on which it would be provided, describe the relationship between the payer and the registrant, and indicate whether the registrant or another person receives it.
Must an agent disclose that they or their brokerage own the property?
Yes. Section 22.9 of O. Reg. 567/05 applies where a registrant knows or ought to know of a property interest held by the registrant, a person related to them, a personal real estate corporation they control, or a person related to that corporation. Paragraph 5, added in 2023, additionally requires a designated representative to disclose any property interest that the brokerage employing them has in the real estate. Disclosure must go to the registrant’s own client and to every other person making or receiving an offer, and must be made before any offer is made.
Can a seller and agent agree the agent keeps anything above a set price?
No. Section 36(3) of the Act prohibits a registrant from requesting or entering into an arrangement for remuneration based on the difference between the listed price and the actual sale or rental price, and provides that a registrant is not entitled to retain any remuneration computed on that basis. Section 36(1) requires remuneration to be an agreed amount, a percentage of the price, or a combination. Section 23(3) of O. Reg. 567/05 separately prohibits indicating that remuneration is fixed or approved by the administrative authority, any government authority, or any real estate board or association.
Related reading
- Designated representation in Ontario: what changed
- Competing offers: what a seller can actually let you see
- Representation agreements: there is no maximum term
- RECO complaints and discipline: what actually happens
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.