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Non Exclusive Buyer Broker Agreement for Canada

Non Exclusive Buyer Broker Agreement Template for Canada

A Non-Exclusive Buyer Broker Agreement is a legal document used in Canadian real estate transactions that establishes a professional relationship between a property buyer and a real estate broker/brokerage firm. This agreement outlines the broker's services and responsibilities while allowing the buyer the freedom to work with other brokers or directly with sellers. The document complies with Canadian federal and provincial real estate regulations, particularly the Real Estate and Business Brokers Act, and includes provisions for commission structures, service scope, confidentiality, and termination terms. It provides protection for both parties while maintaining flexibility in the property search process.

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What is a Non Exclusive Buyer Broker Agreement?

The Non-Exclusive Buyer Broker Agreement is a fundamental document in Canadian real estate transactions, designed to facilitate property purchases while providing flexibility for buyers. This agreement is particularly useful when buyers wish to maintain relationships with multiple brokers or retain the ability to conduct their own property search. The document addresses key aspects of the broker-buyer relationship, including service scope, commission structures, and confidentiality obligations, while complying with Canadian federal and provincial real estate regulations. It's commonly used in both residential and commercial property transactions and provides clear guidelines for situations where multiple brokers might be involved in the property search process. The agreement helps prevent potential conflicts and misunderstandings by clearly defining the non-exclusive nature of the relationship and the circumstances under which commissions become payable.

What sections should be included in a Non Exclusive Buyer Broker Agreement?

1. Parties: Identification of the buyer(s) and the brokerage firm, including full legal names and contact information

2. Background: Context of the agreement, establishing the buyer's intention to purchase property and the non-exclusive nature of the arrangement

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Commission', 'Showing Services', etc.

4. Term of Agreement: Duration of the agreement, including start and end dates, and any automatic renewal provisions

5. Services Provided: Detailed outline of the broker's services, including property search, showings, market analysis, and negotiation assistance

6. Non-Exclusive Nature: Clear statement of the buyer's right to work with other brokers and directly with sellers

7. Commission Structure: Details of compensation, including rates, payment timing, and circumstances under which commission becomes payable

8. Buyer's Obligations: Buyer's responsibilities, including providing accurate information and maintaining communication

9. Broker's Obligations: Broker's duties, professional standards, and fiduciary responsibilities

10. Confidentiality: Terms regarding the handling and protection of confidential information

11. Termination: Conditions and process for ending the agreement, including any notice requirements

12. General Provisions: Standard legal clauses including governing law, amendments, and notices

What sections are optional to include in a Non Exclusive Buyer Broker Agreement?

1. Multiple Buyers: Additional terms when multiple buyers are party to the agreement, defining joint and several responsibilities

2. Virtual Services: Specific provisions for virtual property viewings and remote services

3. Out-of-Province Properties: Terms governing the search and purchase of properties outside the primary province

4. Competing Buyers: Procedures when the broker represents multiple buyers interested in the same property

5. Additional Professional Services: Terms regarding coordination with other professionals like home inspectors or mortgage brokers

6. Property Management: Optional terms if the broker will assist with property management services post-purchase

What schedules should be included in a Non Exclusive Buyer Broker Agreement?

1. Schedule A - Property Requirements: Detailed criteria for the type of property the buyer is seeking, including location, size, features, and price range

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates and payment structures for different transaction scenarios

3. Schedule C - Service Package Details: Comprehensive list of services included in the agreement, with any premium or additional services clearly marked

4. Appendix 1 - Buyer's Information Form: Buyer's personal information, contact details, and preferences

5. Appendix 2 - Agency Disclosure: Required regulatory disclosures about the nature of the agency relationship

6. Appendix 3 - Privacy Policy: Details of how the buyer's personal information will be collected, used, and protected

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

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Property Development

Property Investment

Financial Services

Legal Services

Property Management

Commercial Real Estate

Residential Real Estate

Relevant Teams

Legal

Real Estate Operations

Compliance

Business Development

Contract Administration

Property Acquisitions

Document Management

Client Services

Transaction Processing

Relevant Roles

Real Estate Broker

Real Estate Agent

Property Buyer Representative

Real Estate Legal Counsel

Compliance Officer

Real Estate Transaction Coordinator

Business Development Manager

Contract Administrator

Real Estate Manager

Property Acquisition Specialist

Legal Document Specialist

Real Estate Operations 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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