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Dual agency consent documentation for Ontario realtors

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Dual agency consent documentation for Ontario realtors

You represent buyer and seller. Someone signed something at open house. Can't find it. RECO does not care about your memory — and TRESA does not treat a verbal nod as the record set.

Direct answer

Use the TRESA concept: multiple representation. Collect, on named checklist lines, the written disclosure, acknowledgment (best efforts), and written consent for each client before further steps on the trade. Broker/manager QC. Export PDF for brokerage supervision.

For the deeper record map, see TRESA multiple representation consent records and TRESA consumer information sign-offs.

What the regulation requires (high level)

Under O. Reg. 567/05 (as amended), a brokerage or designated representative generally may not represent more than one client in the same trade unless:

  1. Written disclosure to each client/prospective client — including that multiple representation is proposed and the differences in duties owed, services provided, and remuneration arrangements; and
  2. Each client, after receiving that disclosure, consents in writing; and
  3. The brokerage makes best efforts to obtain a written acknowledgment that the disclosure was received (and provides a copy if the acknowledgment is made).

Designated-representation and mixed brokerage/designated scenarios have parallel rules. Some brokerages prohibit same-agent multiple representation even where the statute allows it with consent — follow firm policy.

Clients are not obliged to consent. Until every required consent is in, treat further offer strategy as blocked for compliance purposes.

Consent failure table

GapRisk
One party unsignedConsent incomplete — multiple representation not permitted
Disclosure missing duty/service/remuneration differencesDefective disclosure record
Old form versionDisclosure defect
Consent only in email PDF miscSpot-check fail
TC didn't know multiple representation was liveOffer work before consent
New competing buyer added mid-dealPrior consents may not cover the new configuration — re-disclose and re-consent

How Hivi-X fits

Secure upload + reject/resubmit for each disclosure/consent line. Co-agents and TCs see status before coordinating offers.

Not shipped: RECO filing, automated disclosure delivery, form generation, or a determination that multiple representation is allowed.

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General information only. Not legal or real estate advice. Hivi-X is document-collection software — not a licensed real estate broker. Not affiliated with or endorsed by RECO or TRESA. Verify current requirements against O. Reg. 567/05, RECO Bulletin 3.2 / multiple-representation guidance, and your Broker of Record.

Answers are general operational information only — not legal, tax, regulatory, clinical, privacy, immigration, or professional advice. Requirements vary by matter, client, and regulator.

Frequently asked questions

Is dual agency the same as multiple representation?
In everyday speech, agents often say dual agency. Under TRESA’s General regulation, the regulated concept is multiple representation — brokerage and/or designated-representative scenarios. Use your brokerage’s current forms and terminology.
What records should the file show?
Typically three elements per client: the written disclosure, best-efforts acknowledgment that the disclosure was received, and written consent to proceed. Brokerage forms may combine pages — follow compliance.
Should buyer and seller consents be separate lines?
Yes — separate QC per party. Consent from one client does not cover another. Reject incomplete signatures or blank interest sections.
When attach the checklist?
As soon as multiple representation is contemplated — and before further steps for any of the clients. RECO guidance stresses no further steps until disclosure is made and every client consents in writing. Brokerage policy may be stricter or may prohibit the practice.
Portal upload for clients?
Secure link or my-id.ca portal; reject wrong form version.
Does Hivi-X determine if multiple representation is allowed?
No — brokerage policy and compliance decide; software stores signed evidence.

Collect complete client documents without the chase

hivi-x helps Ontario realtors and teams request ID, income proof, references, consent, and forms in one secure Canadian-hosted workflow — with reusable checklists, client uploads, missing-item tracking, AI summaries, and PDF package export.

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Dual Agency Consent Documentation Ontario Realtor