Teaching the Law, But Not the Forms!

One of the most significant changes to Ontario real estate education over the past several years has received surprisingly little attention. While the Province has modernized its registration curriculum, an important practical question remains:
- Are new registrants learning how to prepare the documents they will be expected to use on their very first transaction?
The answer may surprise many Brokers of Record, managers, and experienced registrants.
A New Educational Model
For many years, the Ontario Real Estate Association (OREA) was responsible for delivering the educational program leading to registration as a real estate salesperson.
That changed in 2019 when responsibility for licensing education was transferred to Humber College. In 2025, the program expanded further, with four RECO-approved education providers now delivering the registration curriculum.
Today, prospective registrants receive instruction through one of four approved institutions using a standardized curriculum approved by RECO.
The four current RECO-approved education providers are:
- Algonquin College
- Career College Group
- Fleming College
- Humber Polytechnic
These institutions all deliver the same RECO-approved curriculum, and all registration examinations are administered independently by Meazure Learning.
The curriculum is comprehensive. Students study:
- Contract law,
- TRESA,
- Ethics,
- Agency relationships,
- Disclosure obligations,
- Negotiation,
- Risk management,
- Professional responsibilities.
These are all essential subjects for competent practice. However, one notable element appears to be missing.
What About the Agreement of Purchase and Sale?
The Agreement of Purchase and Sale is the most important document a residential real estate registrant will prepare.
It governs the rights and obligations of buyers and sellers, establishes deadlines, incorporates conditions, allocates risk, and frequently becomes the focal point of litigation when disputes arise.
Yet current registration education generally teaches the legal principles behind an Agreement of Purchase and Sale rather than requiring students to complete the industry-standard forms that they will encounter immediately after becoming registered.
This distinction is important. Understanding the legal requirements of a contract is not the same as knowing how to prepare one correctly.
There Is No Government Form
Some people assume Ontario has a government-approved Agreement of Purchase and Sale. It does not.
Neither TRESA nor its regulations prescribe a mandatory provincial Agreement of Purchase and Sale.
Instead, Ontario registrants have traditionally relied upon forms produced by private publishers.
A Brief History of Ontario Real Estate Forms
Long before OREA forms became the industry standard, Ontario lawyers and brokerages commonly used forms published by legal stationers such as:
- Dye & Durham,
- Newsome & Gilbert,
- O’Brien’s,
and other legal publishers.
Each produced professionally drafted Agreements of Purchase and Sale and related transaction documents.
Over time, OREA’s forms became the dominant industry standard because they were widely accepted by brokerages, lawyers, boards, and technology providers. Their integration into electronic transaction platforms and ongoing updates further strengthened their position within the marketplace.
Today, most Ontario residential transactions are completed using OREA standard forms.
Does the Law Require OREA Forms?
The answer is no. Ontario legislation does not require registrants to use OREA forms.
A brokerage could legally use another professionally drafted Agreement of Purchase and Sale, provided it complies with applicable law and accurately reflects the parties’ agreement.
OREA’s forms have become the standard because of widespread industry acceptance, not because legislation makes them mandatory.
The Practical Training Gap
This creates an interesting challenge for today’s brokerages.
A newly registered salesperson may thoroughly understand many contract issues, yet have little or no practical experience preparing the very forms they will be expected to complete for clients.
Knowledge of legal principles is essential. Practical application is equally important.
The Responsibility Shifts to the Brokerage
This reality places increased responsibility on Brokers of Record.
Some Brokerages have already recognized this issue by developing their own internal training programs focusing on:
- Agreements of Purchase and Sale,
- Listing Agreements,
- Buyer Representation Agreements,
- Amendments,
- Waivers,
- Mutual Releases,
- Clauses,
- Conditions,
- Transaction management.
However, it is important to note that many others do not have such programs and, in fact, are unaware of the “missing content” for new registrants.
These practical skills are indispensable before a new registrant begins representing consumers independently.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com

Comments 2
Do you not think Orea should step up? They can easily decide to be a member of organized Real Estate as a Self employed person you must pay for an insurance program you do not want.
I certainly think they could and should create a mandatory course for all who join Orea on what their forms are and how to use them. Part of their existence is to assist all boards in Ontario. I would think this would certainly fall under that umbrella.
Author
I certainly think that there needs to be a better relationship between RECO and OREA. That would definately help.