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Real Estate Agent Agreement for Canada

Real Estate Agent Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial real estate laws that establishes the professional relationship between a real estate agent/brokerage and their client. This document outlines the scope of services, responsibilities, compensation structure, and terms of engagement for real estate representation. It incorporates requirements from provincial real estate acts, privacy laws, and consumer protection legislation, ensuring compliance with Canadian regulatory frameworks while protecting both the agent's and client's interests in property transactions.

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What is a Real Estate Agent Agreement?

The Real Estate Agent Agreement serves as the foundational document for establishing professional representation in property transactions within the Canadian real estate market. This agreement is essential for formalizing the relationship between real estate professionals and their clients, whether for property sales, purchases, or leasing arrangements. It is designed to comply with Canadian federal regulations and provincial real estate laws, including the Real Estate and Business Brokers Act (REBBA) and provincial real estate services acts. The document specifies crucial elements such as service scope, commission structures, duration of representation, marketing strategies, and obligations of all parties involved. It includes provisions for privacy protection, professional conduct requirements, and dispute resolution mechanisms, making it a comprehensive framework for professional real estate services.

What sections should be included in a Real Estate Agent Agreement?

1. Parties: Identification of the client and the real estate agent/brokerage, including license numbers and contact information

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

3. Definitions: Key terms used throughout the agreement, including industry-specific terminology

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

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

6. Agent's Services and Obligations: Detailed description of services to be provided by the agent

7. Client's Obligations: Responsibilities and commitments of the client

8. Compensation: Commission structure, payment terms, and conditions

9. Property Information: Details of the property being sold or parameters of property being sought

10. Representation and Warranties: Statements of fact and promises made by both parties

11. Privacy and Confidentiality: Handling of personal information and confidential details

12. Termination: Conditions and process for ending the agreement

13. Dispute Resolution: Process for handling disagreements between parties

14. Governing Law: Applicable jurisdiction and legal framework

15. Signatures: Execution section with date and signatures

What sections are optional to include in a Real Estate Agent Agreement?

1. Multiple Listing Service: Terms related to MLS listing, used when the property will be listed on MLS

2. Digital Marketing Services: Additional terms for enhanced online marketing, used when specific digital marketing services are included

3. Open House Arrangements: Terms related to conducting open houses, included when open houses are part of the marketing strategy

4. International Marketing: Specific terms for marketing to international buyers, used when targeting international market

5. Team Representation: Details about team members involved, used when multiple agents will be handling the account

6. Property Management: Additional terms for property management services, used when agent will provide property management

7. Dual Agency: Specific terms for situations where agent may represent both buyer and seller

8. Special Property Conditions: Additional terms for unique property features or circumstances

What schedules should be included in a Real Estate Agent Agreement?

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

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

3. Schedule C - Marketing Plan: Comprehensive marketing strategy and timeline

4. Schedule D - Service Package Details: Detailed list of services included in the agreement

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

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

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

8. Appendix 4 - Documentation Checklist: List of required documents and information to be provided by client

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 Management

Financial Services

Legal Services

Construction

Insurance

Property Investment

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Sales

Operations

Risk Management

Business Development

Property Management

Contract Administration

Transaction Processing

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Attorney

Compliance Officer

Contract Administrator

Legal Counsel

Real Estate Manager

Business Development Manager

Sales Director

Transaction Coordinator

Real Estate Partner

Property Developer

Risk Manager

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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