Disclosures of various commissions sources and referral fees in multiple representation situations:
| Type of Payment | Disclosure Required? | To Whom | Legal Source |
| Listing-side commission | Yes, to own client | Seller | O. Reg. 235/23 s. 23(2) |
| Buyer-side commission (co-operating) | Yes, to own client (buyer) | Buyer | O. Reg. 235/23 s. 23(2) |
| Combined (dual) commission | Yes, if affects acceptance | Buyer & Seller | O. Reg. 235/23 s. 23(4) |
| Referral fees or bonuses | Always | All clients affected | O. Reg. 365/22 s. 13 |
NOTE: this is based upon the Act and the Regulations, it does not take into consideration fiduciary duties at common law.
As a result, here we are looking at disciplinary offences.
Brian Madigan LL.B., Broker