Information Guide Explained #7

Complaints

This section is entitled “How to make a complaint”:

Brokerage firms and real estate agents working in Ontario must be registered with RECO. Ontario brokerages and real estate agents are accountable for their conduct. If you have a concern:

First, contact your brokerage

In many cases, your brokerage will be able to mediate or resolve your complaint about a real estate agent or the services provided under your representation agreement. Search for the brokerage in RECO’s Public Register to find the name of the broker of record (the person responsible for ensuring the brokerage complies with the law) and their contact information. Note that the brokerage cannot ask you to sign an agreement that requires you to withdraw a complaint to RECO or prevents you from making one.

Contact RECO

To file a complaint with RECO about a brokerage or real estate agent, visit the complaints section of the RECO website. The website explains the complaints process, possible outcomes, and how to file your complaint. RECO will review the issue, determine if it has the authority to deal with it, and what next steps, if any, it will take.

Real Estate Council of Ontario

3300 Bloor Street West

Suite 1400, West Tower

Toronto, ON Canada

M8X 2X2

Phone: 416-207-4800

Toll Free: 1-800-245-6910

Consumer inquiries: [email protected]

www.reco.on.ca

Where to get more information

For more information about buying and selling property in Ontario: RECO’s website. For the legislation that governs brokerages and real estate agents trading in real estate in Ontario: Trust in Real Estate Services Act, 2002.

COMMENT

First, you should be looking up the names of the registrants with whom you may be dealing right at the outset, not when you subsequently have a complaint.

Perhaps, your first choice should not be the Brokerage which will then have the advantage of alerting the agent and others to prepare “appropriate and considered responses” to your complaint. It may be wiser to engage a lawyer to act on your behalf or another agent, from a different Brokerage to assist you with your complaint.

Under previous legislation, agents would often attempt to settle the matter (the complaint) upon the condition that the complaint to RECO was to be withdrawn. That is no longer permissible.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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