Consumer Options Under TRESA for a Client

by Ana Bastas

Under the Trust in Real Estate Services Act (TRESA) in Ontario, Canada, consumers (clients) have several options and rights when engaging with real estate professionals. Here's a breakdown of consumer options under TRESA:

  1. Choosing Representation:

    • Consumers have the option to engage the services of a real estate professional, such as a real estate agent or broker, to represent them in real estate transactions.
    • They can choose to work exclusively with one agent (exclusive representation) or work with multiple agents (non-exclusive representation), depending on their preferences.
  2. Informed Consent for Multiple Representation:

    • If a consumer agrees to be represented by the same real estate professional or brokerage as both the buyer and the seller in a transaction (dual agency or multiple representation), they must provide informed consent.
    • The real estate professional must disclose the potential conflicts of interest associated with dual agency, and the consumer must understand and consent to these arrangements before proceeding.
  3. Access to Information:

    • Consumers have the right to access relevant information about properties, market conditions, and the real estate professionals they are working with.
    • Real estate professionals are obligated to provide accurate and timely information to clients to help them make informed decisions about buying or selling real estate.
  4. Negotiation and Offer Presentation:

    • Clients have the right to participate in negotiations and make decisions regarding offers, counteroffers, and other terms of the transaction.
    • Real estate professionals are required to present all offers and counteroffers promptly and fairly to their clients and provide advice based on their clients' best interests.
  5. Protection Against Unethical Practices:

    • Clients are protected against unethical practices by real estate professionals, including fraud, misrepresentation, and conflicts of interest.
    • Clients can file complaints with the regulatory body, the Real Estate Council of Ontario (RECO), if they believe a real estate professional has violated the Code of Ethics or regulatory requirements.
  6. Education and Professionalism:

    • Clients can expect real estate professionals to meet education and training requirements set by TRESA to ensure they are knowledgeable and competent in their roles.
    • Real estate professionals are expected to adhere to high standards of professionalism and ethical conduct when dealing with clients and other parties involved in real estate transactions.

Overall, TRESA provides clients with various options and rights to ensure they are well-represented, informed, and protected when buying or selling real estate in Ontario.

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