What should the buyer understand before signing?
The buyer should understand who represents them, what work is proposed, the scope and dates of the arrangement, how payment works, and what happens if circumstances change. The discussion should connect the written terms to the services the buyer actually expects.
This is a national conversation framework with labelled Ontario and BC examples. It is not a Canadian legal-form package. Do not turn a requirement from one province into a universal rule. Use your brokerage’s approved process, current forms and local regulatory guidance.
The Buyer Consultation & Presentation Kit contains talking points and fields for decisions. It does not create a representation agreement or replace one.
Start with the work the buyer wants help with
Ask what they expect the agent to handle, then explain the service you actually propose. A buyer who has found a listing online may still want help checking facts, comparing sale evidence, arranging access, considering terms and coordinating the work after acceptance.
SAMPLE AGENT WORDING
Let us go through the work you want help with, the scope and dates, and how the fee would be calculated. Then we can read the actual agreement and make sure the terms match what we discussed.
Finding a listing is a starting point, not a reason to dismiss the buyer’s contribution. Avoid describing every service as included if coverage, availability or responsibilities have not been agreed.
Use a simple review checklist
| Topic | Question to resolve |
|---|---|
| People and roles | Which brokerage and representative are involved, and who is represented? |
| Services | What work, communication and availability are being proposed? |
| Scope | Which property types, areas or specific services are covered? |
| Dates | When does the arrangement start and end? |
| Payment | What is payable, when, and how could it change? |
| Other terms | What exclusivity, holdover, termination and conflict provisions apply? |
| Open questions | What needs brokerage clarification or independent legal advice? |
The checklist is a preparation aid. It is not an assertion that every province uses the same clauses, required wording or representation model. Read the entire local agreement, including schedules and disclosures, rather than relying on the summary.
Discuss fees as a proposed arrangement, not a standard rate
Explain the amount or calculation, applicable taxes, payment timing and the treatment of any seller contribution. Do not promise that a seller will cover the buyer’s fee. Work through any potential balance using the terms the parties are actually considering.
For Ontario, RECO’s representation-agreement bulletin describes required content and says remuneration must not be presented as fixed or approved by a regulator or real estate association. Its consumer contract guide also explains that fees are negotiable. Use those Ontario sources as labelled guidance, not as a substitute for another province’s requirements.
If a buyer asks for a lower fee, discuss the proposed services and terms with the brokerage. Do not imply you have agreed to a change until it is properly authorised and recorded.
Ontario: connect the explanation to the current brokerage process
Ontario’s TRESA changes took effect on December 1, 2023. Representation agreements must be put in writing and presented as soon as possible. The current RECO Information Guide must be provided and explained before services or assistance.
Follow the current form and disclosure requirements. Do not use a generic national rule such as “every buyer must sign this exact form before every viewing.” An agent should also be alert to implied representation arising from their conduct.
Keep a record of what was explained and what remains unresolved. A consultation note is not a substitute for the required agreement, disclosure, acknowledgement or copy to the client.
BC: distinguish disclosure from the service contract
BCFSA’s agency and representation guide explains the Disclosure of Representation in Trading Services and the duties in an agency relationship. A disclosure document and an agreement setting out services or payment are different documents with different purposes.
Use the current BC forms and brokerage instructions to explain the actual relationship, relevant conflicts and any proposed buyer agency contract. Do not present Ontario’s process as BC’s process or assume that an acknowledgement of disclosure describes every contractual obligation.
In any province, ask about existing representation early. If another agreement may apply, seek the appropriate brokerage or legal clarification rather than promising that a new conversation overrides it.
End with understanding, not a rushed signature
Ask the buyer to explain what they expect you to do and how they understand the proposed payment. Clarify any difference before moving on. Give room for questions and appropriate independent advice.
If they are ready and the applicable requirements have been completed, follow the brokerage’s agreement process. If they need time, record the open issues and next contact. Do not write a recap that implies they signed or accepted terms they have not agreed to.
Use the full buyer consultation agenda to connect this discussion with needs discovery and the financing-readiness check. The goal is a clear, current record of the proposed working relationship.
General information only, not legal advice or a substitute for current brokerage and regulator requirements. Local terminology and forms vary. Reviewed October 18, 2026.