RECO Discipline: Jeffery W. Gyles (2025)
One of the most common questions asked by Ontario REALTORS® is:
- “Can I rely on the information provided by my seller?”
The answer, increasingly, appears to be no, not without taking reasonable steps to verify it.
That is the clear message arising from RECO’s Discipline decision involving Jeffery W. Gyles (2025), a case that reinforces the growing regulatory expectation that registrants independently verify material information before publishing it in an MLS® listing.
Facts
Mr. Gyles acted as the listing representative for a residential property.
When preparing the MLS® listing, the Seller advised him that the annual property taxes were $5,480.
Mr. Gyles accepted the Seller’s statement and entered that figure into the MLS® listing without obtaining a current municipal tax bill or otherwise confirming the amount.
Unfortunately, the information was incorrect.
The day before closing, the Buyer’s lawyer discovered that the actual annual property taxes were $8,709.61, more than $3,200 higher than the amount advertised.
The Buyers proceeded with the purchase but later filed a complaint with the Real Estate Council of Ontario (RECO).
RECO’s Findings
RECO concluded that the registrant had failed to take reasonable steps to verify a material fact before advertising it.
Although the incorrect information originated with the Seller, RECO emphasized that registrants cannot simply repeat information received from their clients when that information can and should be verified.
The Discipline Committee found that Mr. Gyles failed to exercise the level of skill, care, diligence and competence expected of an Ontario real estate professional.
The matter was resolved by way of an Agreed Statement of Facts and an Agreed Penalty.
Mr. Gyles was ordered to:
- pay an $8,000 administrative penalty; and
- successfully complete RECO’s Introduction to TRESA educational program.
Why This Decision Matters
Many REALTORS® assume that information supplied by a Seller is reliable.
After all, who would know the property better than the owner?
The answer is simple: ownership does not guarantee accuracy.
Owners may:
- remember last year’s taxes instead of the current year’s;
- overlook supplementary assessments;
- misunderstand local improvement charges;
- forget recent reassessments; or
- simply make an honest mistake.
A professional registrant cannot automatically transfer that risk to the purchaser by repeating the Seller’s information without verification.
Verification Is the Professional Standard
The Gyles decision fits within a series of recent RECO cases emphasizing that registrants must verify material information before communicating it to the public.
For example:
- Smith v. Real Estate Council of Ontario (2024) established that registrants should not calculate property taxes themselves and present those calculations as verified facts.
- Francis (2025) involved a newly constructed home where an arbitrary tax figure was entered into the MLS® listing before the property had been fully assessed.
Together, these cases address three different situations:
- estimating taxes;
- relying on the Seller’s verbal information; and
- using unsupported figures for newly constructed homes.
The common thread is unmistakable.
Verification matters.
What Should REALTORS® Do?
Whenever property taxes are being advertised, registrants should consider obtaining:
- a current municipal tax bill;
- confirmation from the municipality;
- a tax certificate; or
- other reliable documentary evidence.
If accurate information cannot be obtained, it is generally far safer to explain that the taxes have not yet been verified than to publish a figure that later proves incorrect.
An estimate presented as a confirmed fact can expose the registrant, the brokerage, and the seller to unnecessary legal and regulatory risk.
Does This Apply Only to Property Taxes?
Probably not.
Recent RECO decisions demonstrate a broader regulatory trend.
Registrants are increasingly expected to verify material facts concerning:
- parking rights;
- legal descriptions;
- property dimensions;
- renovations and permits;
- ownership interests;
- rental income; and
- other important features that may influence a purchaser’s decision.
The profession is moving away from simply passing along information received from sellers and toward independently confirming material facts wherever reasonable.
Comment
The lesson from the Gyles decision is not that Sellers cannot be trusted.
Rather, it is that
- professional responsibility requires independent verification.
Ontario REALTORS® occupy a position of trust. Buyers, Sellers, lenders, lawyers, and other professionals rely upon the information contained in MLS® listings when making important financial decisions.
That reliance carries responsibility.
As RECO’s recent decisions demonstrate, the safest practice is straightforward:
Don’t assume. Don’t guess. Don’t simply repeat. Verify.
Brian Madigan LL.B., Broker
www.OntarioRealEstateSource.com