Ontario Real Estate Laws & Consumer Rights

TRESA, RECO and the industry organizations

The Trust in Real Estate Services Act, 2002, commonly called TRESA, is Ontario’s central consumer-protection law for real estate services. Its regulations cover representation, required agreements and disclosures, professional conduct, trust money, advertising, records, insurance and other obligations.

The Real Estate Council of Ontario (RECO) administers and enforces TRESA. RECO registers brokerages and agents, maintains the public register, provides consumer guidance, investigates complaints and conducts regulatory proceedings.

Read the official RECO Information Guide (opens in a new tab) and check whether an agent or brokerage is registered (opens in a new tab).

RECO
Ontario regulator

RECO stands for the Real Estate Council of Ontario. It registers and regulates Ontario brokerages, brokers and salespersons and enforces TRESA and its regulations.

What RECO does (opens in a new tab)

OREA
Ontario association

OREA stands for the Ontario Real Estate Association. It supports members through education, advocacy, legal resources and standardized forms. It is not the regulator.

OREA Standard Forms resources (opens in a new tab)

CREA
National association

CREA stands for the Canadian Real Estate Association. It administers national REALTOR® standards, controls the REALTOR® and MLS® (Multiple Listing Service®) trademarks and maintains the REALTOR® Code for its members. REALTOR® identifies CREA membership; RECO registration is a separate Ontario legal requirement.

CREA’s REALTOR® Code (opens in a new tab)

SREB
Local board

SREB stands for the Sudbury Real Estate Board. It represents local REALTOR® members, operates the local MLS® System, provides its members with access to it and maintains its listing database. It also supports professional standards and effective practice. It does not replace RECO as Ontario’s regulator.

About SREB (opens in a new tab)

The RECO Information Guide

Before an Ontario agent provides services to a client or permitted assistance to a self-represented party, the agent must provide and explain the RECO Information Guide. The guide includes an acknowledgement section that can document that it was provided and explained.

The guide introduces the benefits of working with an agent, the duties owed to clients, the risks of self-representation, written representation agreements, multiple representation and the RECO complaint process. The exact documents and advice needed will depend on the transaction.

Representation, written agreements and self-representation

When you become a client, your representative owes you important duties, including loyalty, disclosure, confidentiality and avoiding conflicts of interest. Clients also need to communicate relevant information, understand their agreement and meet the obligations they accept.

Ontario permits brokerage representation, where the brokerage and all of its agents represent the client, and designated representation, where one or more named agents represent the client. Your agreement should clearly identify which model applies and who is responsible for representing you.

Your written representation agreement should identify the services you will receive, the representation model, remuneration, the scope and length of the agreement, termination provisions and any holdover clause. The expiry date must appear prominently on the first page, and the terms should be explained before you sign.

Under Ontario’s current framework, a person is either a client or a self-represented party (SRP); new customer relationships are not permitted. Before providing permitted assistance to an SRP, the agent must also provide and explain the applicable RECO Information and Disclosure to Self-represented Party form. An agent representing someone else cannot give an SRP the services, opinions or advice reserved for a client and must protect the represented client’s interests.

For a practical overview, read Working With a REALTOR® in Greater Sudbury. For the documents consumers commonly see, read The Real Estate Forms Buyers and Sellers See in Greater Sudbury.

Multiple representation and conflicts of interest

Multiple representation can arise when a brokerage or designated representative would represent clients with competing interests in the same trade. The specific situation must be disclosed and explained, and it cannot proceed without the affected clients’ written consent.

Read RECO’s explanation of multiple representation (opens in a new tab). Broader information about client relationships is available in Working With a REALTOR® in Greater Sudbury.

If something feels wrong: RECO complaints

If a document or process is unclear, ask questions before signing or directing an agent to act. Keep copies of agreements, disclosures, consents, acknowledgements, offers, amendments and communications.

If a concern involves an agent, a practical first step is usually to raise it with the agent and then the brokerage’s broker of record. You can also complain directly to RECO. RECO may investigate conduct within its jurisdiction, but it cannot cancel a contract, award damages, order a refund or resolve an ordinary buyer-seller dispute.

Go deeper when needed

Further reading for specific situations

For another topic, return to the complete Greater Sudbury Real Estate Dictionary.

The RECO Information Guide is the foundation. These articles and process pages carry the transaction-specific detail so it does not have to be repeated here.

Common questions about Ontario real estate representation

These short answers clarify several points consumers commonly ask about after reading the RECO Information Guide.