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TRESA multiple representation consent records

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TRESA multiple representation consent records

Consent records belong on the transaction file

Multiple representation under TRESA is when a brokerage (or the same designated representative) represents more than one client in the same trade — for example, the seller and a buyer, or two competing buyers. The General regulation (O. Reg. 567/05) prohibits this unless each client first receives a written disclosure — the fact of the proposed multiple representation and the differences in the obligations owed, services provided, and remuneration arrangements — and then consents in writing. The brokerage must also make best efforts to obtain a written acknowledgment that the disclosure was received.

That paper is not a verbal nod at a showing. It is a retained record set — disclosure, acknowledgment, consent — Ontario brokerages must be able to produce on compliance review.

What the brokerage file should show

ElementWhy
Written disclosureThe mandatory pre-consent disclosure of duty/service/remuneration differences
Acknowledgment of disclosureBrokerage must make best efforts to obtain it; if made, client gets a copy
Signed written consent — every clientConsent from each client is what permits the multiple representation
Date and transaction linkMatches listing or offer timeline
Party identificationWho signed — buyer, seller, tenant, landlord
Version of form usedBrokerage template current at signing
Related ID / authority docsEspecially estate or corporate parties

Intake software does not replace legal compliance review. It organizes where consents live relative to other transaction documents.

Where consents get lost today

  • PDF in agent's sent folder — not on deal checklist
  • DocuSign completed — copy never downloaded to brokerage file
  • Paper signed at kitchen table — photo never uploaded
  • Co-agent cannot find consent during transaction coordinator handoff

Compliance asks: "Show us the consent for 123 Main St." Agent searches phone.

Structured retention workflow

  1. Checklist items: disclosure + acknowledgment + written consent, per client — on listing or offer file
  2. Collect before proceeding — per RECO guidance, no further steps for any client until every client has the disclosure and consents in writing
  3. QC signature completeness — reject blank signature pages; a consent from one client does not cover the other
  4. Co-agent access — broker of record can retrieve without calling agent
  5. Export with transaction package — consent bundled with brokerage compliance records

Lease assignments and multiple party deals need consent items on the same file as assignor/assignee docs.

Agent practice note

If you also collect tenant screening documents, separate representation consent from credit consent — different items, different retention purposes.

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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 TRREB. Verify current TRESA requirements against O. Reg. 567/05, RECO 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

Where should multiple representation consents be stored?
On the brokerage-controlled transaction or client file — accessible to broker of record and compliance — not only on an agent's phone.
What records does the disclosure-and-consent process produce?
Typically three things: the written disclosure itself, the client's acknowledgment of receiving it (which the brokerage must make best efforts to obtain), and the client's written consent to proceed. Your brokerage forms may combine these — follow your compliance list.
Can consents live in document intake software?
Yes as labelled, approved uploads on the deal file — alongside other transaction documents.
Does hivi-x provide TRESA forms?
No. Brokerages use approved forms; hivi-x organizes collection and retention on the file.
What about consent timing?
Per RECO guidance, once a brokerage or agent is aware of more than one client in the same trade, it cannot take further steps for any of them until disclosure is made and every client consents in writing. Clients are not obliged to consent — follow brokerage compliance training and legal guidance.

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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Multiple Representation Consent Ontario | hivi-x Docs