Back Dating the Buyer’s Representation Agreement

(Ontario)

Question:

Can a BRA be back dated?

For example, you date a Buyer Representation Agreement (BRA) as of Saturday. You then meet the clients and go over it. They want to take it home to read over and on Monday are ok signing it.

Can they sign it, and date Monday, while the start date of the BRA was the prior Saturday?

Answer:

Back dating is not permissible. In this regard, I am referring to drafting paperwork to indicate that the actual signatures were affixed earlier than they truly were. That would be signing on the Monday but indicating that the execution date was Saturday. That would be wrong. That’s misleading. It wasn’t signed until Monday.

Your example is not a case of “back dating”, it is simply a situation where the commencement date preceded the execution of the written contract.

However, in this case, there may be many good reasons to cover the “weekend period”. So, the commencement date can be Saturday and the date of execution can be Monday. It simply reflects the fact that there was indeed an “agency appointment” on Saturday. Naturally, the Buyer has to agree and would find no objection to this at all.

On the other hand, if the Buyer is not on board with this on Monday, then there is a rather significant problem and the weekend arrangement may be in dispute, so the commencement date should then be made as of Monday.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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