Two Buyers Same Brokerage: That’s Multiple Representation (Ontario)

Should You Buy With the Listing Agent? | the BREL team

Question:

Let’s assume the following:

  • ABC Brokerage has a listing for 123 Main Street
  • Sales Rep Bob from XYZ Brokerage acts for Bill and puts in an Offer.
  • Sales Rep Mary from XYZ Brokerage acts for Martha and puts in an Offer.
  • Bob and Mary don’t know one another and don’t know that the each put if Offers.

Answer:

It is multiple representation because XYZ is the AGENT, not the individual sales representatives.

It’s not the same trade or the same transaction, but it is the same property.

The Listing Agent does have a duty to point this out to the two sales representatives, Bob and Mary. They must then contact their respective buyers, Bill and Martha for permission to proceed. Either Bill or Martha could decline and decide that they might be better served by someone other than a sales representative with XYZ Brokerage.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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