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Estate Agency Agreement for Canada

Estate Agency Agreement Template for Canada

A comprehensive legal agreement governed by Canadian real estate law that establishes a professional relationship between a real estate agent/brokerage and their client. This document outlines the terms and conditions of the agency relationship, including the scope of services, commission structure, and obligations of both parties. It ensures compliance with provincial real estate regulations and professional standards while protecting both the agent's and client's interests in property transactions. The agreement incorporates essential elements required by Canadian provincial real estate boards and regulatory bodies.

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What is a Estate Agency Agreement?

The Estate Agency Agreement serves as the foundational document for establishing a professional relationship between real estate agents/brokerages and their clients in Canada. This agreement is essential for any property transaction, whether buying or selling, and must comply with provincial real estate regulations and federal laws. The document typically includes detailed terms about service scope, commission structures, duration of representation, and both parties' obligations. It's particularly important as it provides legal protection for all parties involved and ensures transparency in the agency relationship. The agreement must adhere to specific provincial real estate board requirements and often includes provisions for various scenarios such as multiple representation or international property marketing. Estate Agency Agreements are crucial for maintaining professional standards in real estate transactions and protecting consumer interests across Canadian jurisdictions.

What sections should be included in a Estate Agency Agreement?

1. Parties: Identification of the client(s) and the licensed real estate brokerage/agent, including licensing details and contact information

2. Background: Context of the agreement, including whether it's for selling or buying property, and any specific circumstances

3. Definitions: Key terms used throughout the agreement, including technical real estate terminology and contract-specific definitions

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the client

5. Term of Agreement: Duration of the agency relationship, including start and end dates

6. Services to be Provided: Detailed description of all services the agent will provide, including marketing, showings, negotiations, etc.

7. Agent's Obligations: Specific duties and responsibilities of the agent, including fiduciary duties and professional standards

8. Client's Obligations: Client's responsibilities, including providing accurate information and reasonable cooperation

9. Compensation: Commission structure, payment terms, and conditions for commission becoming due

10. Property Details: For selling agreements, specific information about the property being sold

11. Termination: Conditions and process for ending the agreement by either party

12. Privacy and Personal Information: Handling of personal information in compliance with PIPEDA

13. Governing Law: Specification of applicable provincial law and jurisdiction

14. Signatures: Execution block with date and signatures of all parties

What sections are optional to include in a Estate Agency Agreement?

1. Multiple Representation: Required when the agent may represent both buyer and seller in a transaction

2. International Property Marketing: Include when marketing properties to international buyers

3. Team Structure: Required when multiple agents will be handling the client's business

4. Virtual Services: Include when offering virtual showings or digital services

5. Property Management: Add when including property management services

6. Holdover Period: Include when specifying post-termination obligations and commission terms

7. Special Conditions: For any unique circumstances or client-specific requirements

What schedules should be included in a Estate Agency Agreement?

1. Schedule A - Property Details: Detailed description of the property, including legal description and inclusions/exclusions

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and payment terms

3. Schedule C - Marketing Plan: Specific marketing strategies and activities to be undertaken

4. Schedule D - Service Level Agreement: Detailed breakdown of services and response time commitments

5. Appendix 1 - Required Disclosures: Mandatory disclosures required by provincial real estate law

6. Appendix 2 - Agency Disclosure: Explanation of agency relationships and obligations

7. Appendix 3 - Privacy Policy: Detailed privacy policy and information handling procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Management

Property Development

Commercial Property

Residential Property

Luxury Real Estate

Real Estate Investment

Property Consulting

Relevant Teams

Legal

Real Estate Operations

Compliance

Business Development

Property Management

Sales

Contract Administration

Transaction Processing

Risk Management

Client Relations

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Operations Manager

Business Development Manager

Contract Administrator

Real Estate Partner

Property Developer

Real Estate Director

Agency Principal

Transaction Coordinator

Real Estate Sales Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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