If you have made a written offer, the listing brokerage must tell you the number of competing written offers — that is not optional and a seller cannot suppress it. The substance of those offers is shared only if the seller directs it, and the seller may open only parts. The identity of a bidder may never be disclosed, even with the seller’s direction. If you doubt the count, section 35.1(3) lets you ask RECO’s registrar to inquire — and a seller’s open-offer direction also unlocks what the registrar may confirm. Unsuccessful written offers must be kept for at least one year.
Ontario changed the rules on competing offers on 1 December 2023. A seller can now direct that the contents of competing offers be shared with everyone bidding. It is usually called the open offer process, and it is widely misdescribed.
The whole thing sits in one short regulation, and the key distinction is drafted inside a single subsection.
“22.7 (1) If a brokerage that has entered into a representation agreement with a seller receives a competing written offer, the brokerage shall, (a) communicate the number of competing written offers to every person who is making one of the offers; and (b) if the seller directs, share the substance of the competing written offers with every person who is making one of the offers.”
| The number of offers | The substance of the offers | |
|---|---|---|
| Legal character | Mandatory — the brokerage “shall” communicate it | Conditional — only “if the seller directs” |
| Seller’s control | None. A seller cannot suppress the count | Total. Whether, and how much |
| Scope | The number of competing written offers | The substance, in whole or in part (s.22.7(2)) |
| Who is told | Every person making one of the offers | Every person making one of the offers |
| Hard limit | — | No personal information and nothing that would identify the offeror (s.22.7(3)) |
So the count is not optional and never was. If you have made a written offer and you are told “we can’t say how many offers there are”, that is not a discretionary refusal — section 22.7(1)(a) says the brokerage shall communicate it.
Two things commonly stated wrongly
The disclosure runs to bidders, not to the world. Both clauses say “every person who is making one of the offers”. A brokerage does not have to tell the general public, other agents, or people who have not yet submitted anything.
The trigger is a competing written offer, on the listing side. Section 22.7(1) bites on “a brokerage that has entered into a representation agreement with a seller”.
Identity is never disclosable. Section 22.7(3): information shared must not include “any personal information of the person making the offer or any other information that would identify the person making the offer.” A seller’s direction cannot unlock this. It is an absolute firewall, and it is confirmed a second time in section 22.8(2)(b).
The phantom offer rule
Section 35.1(1) of the Act, in force since 1 July 2015, is blunt:
“No registrant shall, (a) while acting on behalf of a purchaser, present an offer to purchase real estate except if the offer is in writing; (b) represent to any person that a written offer to purchase real estate exists except if the offer is in writing.”
Behind it sit the Code of Ethics backstops: section 4 (no fraud), section 5 (best efforts to ensure representations are accurate and not misleading, and no misrepresentation or unethical practice), and section 7 (no conduct that is intimidating, coercive or abusive or that constitutes undue pressure or harassment).
If you think you were told the wrong number
There is a route that does not depend on the brokerage. Section 35.1(3) lets a person who has made a written offer, or their agent, ask the registrar to inquire into how many written offers the listing brokerage received. Under section 35.1(5) the registrar “shall determine the number… and shall disclose the number… as soon as practicable”.
Section 35.1(5.1) then limits the registrar: “Except in such circumstances as may be prescribed, the registrar shall not disclose the substance of any of the offers or the identity of the person making any of the offers.”
Here is the connection almost nobody makes. The prescribed circumstance, in section 22.8, is that the seller made an open-offer direction. So a seller’s decision to open the offers does a second thing: it also unlocks what the registrar may confirm to a complaining bidder. If the seller opened only parts of the offers, the registrar is limited to those parts. And identity survives in both channels — section 22.8(2)(b) says the prescribed circumstance “does not authorize the registrar to disclose the identity of the person making the offer”.
The paper trail that makes it checkable
Section 35.1(2) of the Act requires a listing brokerage to retain copies of all written offers it receives. The retention period for unsuccessful offers is set by O. Reg. 579/05, section 20: at least one year from receipt — against the general six-year rule in section 19.
A brokerage can substitute a record instead of the offer itself, but only if that record contains nine prescribed particulars, including the date and time the offer was made, the date, time and means by which it was received for presentation, the date it was presented to the seller, and the time until which it was irrevocable.
If you are considering a complaint, the one-year clock matters. An unsuccessful offer from thirteen months ago may lawfully no longer exist.
Your offer must be presented
Section 22.10 requires a registrant to convey any written offer to their client as soon as possible. Subsection (3) closes the obvious loopholes:
“those subsections apply regardless of the identity of the person making the offer, the contents of the offer or the nature of any arrangements for remuneration.”
That is the answer to “we don’t deal with that brokerage” and to “the commission on that one is too low”. The single qualification is subsection (4): the duty is subject to any written directions from the client.
What to do as a bidder
- Ask for the count in writing. It is mandatory, and a written request gives you a record.
- Ask whether the seller has directed an open process, and if so whether it covers the whole offer or only parts.
- Do not ask who the other bidders are. Nobody may tell you, ever.
- Ask whether the listing brokerage is also serving a bidder. Under section 22.0.3 you must be told this if you have made a written offer.
- If the numbers do not add up, use section 35.1(3) — and do it inside a year.
In a multiple-offer situation and not sure what you are entitled to know?
The rules on competing offers are short, specific and mostly ignored in the moment. If you are bidding and something feels off, tell me what you were told and I will tell you what the regulation actually requires and what your options are, including the registrar inquiry route and the deadline on it. I am a broker of record, so these are the rules I am accountable for. No cost and no obligation.
connect@jatindua.com · 437-987-1925 · Book a free consultation
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Frequently asked questions
Does a listing agent have to tell me how many other offers there are?
Yes, if you have made a written offer. Section 22.7(1)(a) of O. Reg. 567/05 says the brokerage shall communicate the number of competing written offers to every person who is making one of the offers. It is mandatory and the seller cannot direct otherwise. What the seller controls is the substance of the offers, not the count.
Can I find out what the other offers actually said?
Only if the seller directs it. Section 22.7(1)(b) permits sharing the substance of competing written offers only if the seller directs, and section 22.7(2) lets the seller direct that only parts be shared. This is the open offer process. Whatever is shared, section 22.7(3) prohibits including any personal information of the person making the offer or any other information that would identify them.
Can I find out who I am bidding against?
No. Section 22.7(3) prohibits sharing any information that would identify the person making an offer, and the seller’s direction cannot override it. The same firewall applies to the registrar under section 22.8(2)(b). Identity is not disclosable through any channel.
What can I do if I think the agent lied about the number of offers?
Section 35.1(3) of the Trust in Real Estate Services Act, 2002 lets a person who has made a written offer, or a registrant acting for them, ask the registrar to make an inquiry to determine the number of written offers the listing brokerage received. Under section 35.1(5) the registrar shall determine and disclose that number as soon as practicable. Separately, section 35.1(1)(b) makes it an offence for a registrant to represent that a written offer exists unless it is in writing. Note the timing: unsuccessful written offers need only be retained for one year.
How long must a brokerage keep unsuccessful offers?
At least one year from the date of receipt, under section 20 of O. Reg. 579/05, against the general six-year retention rule in section 19. A brokerage may keep a record instead of the offer itself, but only if that record contains nine prescribed particulars, including the date and time the offer was made, the date, time and means by which it was received for presentation, the date of presentation to the seller, and the time until which the offer was irrevocable.
Can an agent refuse to present my offer because the commission is low?
No. Section 22.10(1) of O. Reg. 567/05 requires a registrant to convey any written offer received to their client as soon as possible, and section 22.10(3) states that this applies regardless of the identity of the person making the offer, the contents of the offer, or the nature of any arrangements for remuneration. The only qualification is section 22.10(4): the duty is subject to any written directions given by the client.
Related reading
- Designated representation in Ontario: what changed
- Representation agreements: what the rules do and do not say
- 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.