The Buyer Exclusive Agreement is a fundamental document in Canadian real estate transactions, used when a buyer wishes to secure dedicated representation from a real estate brokerage. This agreement is particularly important in competitive real estate markets where having exclusive professional representation can provide advantages in property searches and negotiations. The document establishes the brokerage's commitment to represent the buyer's interests exclusively, outlines the scope of services to be provided, and details the compensation structure. It typically includes provisions required by provincial real estate regulations, consumer protection laws, and privacy legislation. The agreement should be used at the beginning of a buyer-brokerage relationship, before the brokerage begins actively searching for properties on the buyer's behalf. It provides legal protection for both parties and clearly defines the terms of their professional relationship.
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1. Parties: Identifies the buyer and the brokerage firm, including full legal names and contact information
2. Background: Establishes the context of the agreement and the buyer's intention to engage the brokerage's services
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Specifies the exclusive appointment of the brokerage and the duration of the agreement
5. Services Provided: Details the specific services the brokerage will provide to the buyer
6. Buyer's Obligations: Outlines the buyer's commitments and responsibilities under the agreement
7. Brokerage's Obligations: Details the brokerage's duties and responsibilities to the buyer
8. Compensation: Specifies the commission structure and payment terms
9. Confidentiality: Addresses the handling of confidential information
10. Termination: Describes how and when the agreement can be terminated
11. General Provisions: Contains standard legal clauses including governing law, amendments, and notices
1. Multiple Representation: Required when the brokerage may represent both buyer and seller in a transaction
2. Digital Signatures: Include when parties may execute the agreement electronically
3. Assignment: Include when transfer of rights under the agreement may be permitted
4. International Buyers: Include specific provisions for non-resident buyers
5. Property Type Specifications: Include when the buyer is focusing on specific types of properties
6. Team Representation: Include when multiple agents within the brokerage will be representing the buyer
1. Schedule A - Property Requirements: Details the buyer's specific requirements for desired properties
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures for different transaction scenarios
3. Schedule C - Service Package Details: Comprehensive list of services included in the agreement
4. Appendix 1 - Buyer's Information Form: Collects buyer's personal information and preferences
5. Appendix 2 - Privacy Policy: Details how the buyer's personal information will be handled
6. Appendix 3 - Agency Disclosure: Mandatory disclosure of agency relationships as required by provincial law
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