With the new TRESA legislation coming into force on 1 December 2023, a number of changes were made to the practice of real estate.
For agency appointments, there are now two choices:
- Brokerage Representation, and
- Designated Representation.
As time has gone on, most Brokerages appear to have adopted the Designated Representation model.
In that agency arrangement, “representation” is provided by the Designated Representative and NOT the Brokerage. The Brokerage itself provides services.
So, if you are drafting up a Designated Representative Agreement, it will be important to delete “The Listing Brokerage agrees to… represent the Seller…”.
If there’s one word that you can’t say, that was it! Don’t say it.
Delete it and good luck!
Brian Madigan LL.B., Broker