Inappropriate Use of “Representation” in Ontario


What about a “Mere Posting Brokerage” providing “representation” to the Seller? According to the salesperson, they say that they do it all the time, as in 90% of the time. Apparently, they say that there’s no agency.


If they use the expression “representation”, then, that means “agency” and the fiduciary duties will follow automatically. That’s the one word that you need to avoid, if that’s not the intention.

The two choices they have other than representation for “non-agency” would be:

1)”customer services” or  

2) “consumer services”.

Brian Madigan LL.B., Broker

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