How to Negotiate the Non-Exclusive BRA in Ontario

Question:

I got a call this morning from a potential buyer to view my listing. I asked if he had an agent…he said I want you to represent me as a customer representative and not as a client…? I told him you have to sign a BRA for this house before viewing it. He said OK!

Now the question I have is, with the BRA signed, can he still bring another agent to represent him?

Answer:

The problem here is that you really don’t have a normal BRA agreement. He asked for Customer Service. You said, you don’t get into the house without signing a BRA. Part of your explanation to him, should have been the issue of “exclusivity” but it was not, or you wouldn’t be asking this question.

So, now we have a modified BRA. Without “informed consent” he hasn’t agreed to exclusivity. I doubt that there would be any evidence to support that. You also have to get your Seller’s consent to the BRA, before bringing in the new fellow into “agency”, or your Seller has the right to refuse and terminate the Listing. You might just have one of the very few “non-exclusive BRA’s”.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 2

  1. Post
    Author

    Yes, it will be outlined in the Regulations once they are ready.

    Customer Service was never really understood.

    A party will be “self-represented”. That is easier to understand.

    Brian

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