Nova Scotia Real Estate Salesperson study materials
Nova Scotia Real Estate Salesperson study resources

Nova Scotia Real Estate Salesperson cheat sheet

Nova Scotia Real Estate Salesperson · Keep the key ideas within reach.

Quick reference

Real Estate Trading Act and Regulations

  • A person must hold a current licence issued by the Registrar before trading in real estate; trading without a licence is an offence under the Act.

  • Licence classes include broker, associate broker, and salesperson; a salesperson may trade only while employed by a licensed broker.

  • The Registrar may refuse, suspend, or revoke a licence for misconduct, misrepresentation, or failure to meet prescribed qualifications.

  • Licence renewal is annual; continuing education requirements set by the Commission must be completed before renewal is granted.

  • A trust account must be maintained by the broker for deposit of money received on behalf of clients, kept separate from operating funds.

  • Records of every trade, trust transaction, and client agreement must be kept and made available to the Registrar or Commission on request.

  • The Act defines 'trade' broadly to include listing, advertising, negotiating, and holding out as available to trade in real estate.

  • Commission by-law and policy made under the Act are binding; breach may result in disciplinary action independent of any civil remedy.

  • A licencee must notify the Registrar of a change of employer, name, or business address within the prescribed time.

Quick reference

Commission By-law

  • Commission is payable only under an enforceable written agreement; oral commission arrangements are not enforceable.

  • A brokerage agreement must state the amount or rate of commission, the term, and the services the brokerage will provide.

  • Commission is earned when the brokerage has performed the services specified in the agreement, not merely when an offer is received.

  • A buyer's brokerage agreement must be in writing and signed before the brokerage acts for the buyer.

  • Where a listing agreement expires, the brokerage may claim commission on a sale to a buyer introduced during the term only if the agreement contains a holdover clause.

  • Commission may be payable on a transaction even if the sale does not complete, where the agreement so provides and the buyer defaults.

  • Referral fees between licensees must be disclosed to the client and paid through the brokerage, not directly between salespersons.

  • The by-law sets out the procedure for resolving commission disputes between competing brokerages, including written notice requirements.

Quick reference

Policies and Advertising Requirements

  • All advertising must identify the brokerage by its registered name; a salesperson may not advertise independently of the brokerage.

  • Advertising must be accurate and not misleading; material facts about a property must not be omitted or misstated.

  • A salesperson's name may appear in advertising only in conjunction with the brokerage name and with the broker's consent.

  • Advertisements for a property must state that the property is listed with the brokerage and must not imply a direct sale by the owner.

  • Testimonials and claims in advertising must be genuine and verifiable; unsubstantiated superlatives are prohibited.

  • Advertising placed on third-party platforms remains subject to the same rules; the brokerage is responsible for content it authorizes.

  • Signs, flyers, and online listings must be removed or updated promptly when a listing expires or is withdrawn.

  • Advertising must not use another brokerage's listing without permission or misrepresent the source of a listing.

Quick reference

Agency Relationships and Disclosure

  • Agency relationships must be established and disclosed in writing before the brokerage provides services to a client.

  • The brokerage must disclose, in writing and at the earliest practicable time, the types of agency available and the duties owed.

  • A dual agency arises when the same brokerage represents both buyer and seller in one transaction; it requires informed written consent from both parties.

  • A designated agency model permits different salespersons within one brokerage to represent different parties, with written disclosure.

  • A customer is a party to whom no agency duty is owed; the brokerage still owes honesty, fairness, and disclosure of material facts.

  • Fiduciary duties owed to a client include loyalty, confidentiality, full disclosure, obedience to lawful instructions, and accounting.

  • Confidential information learned from a client must not be disclosed without consent, even after the agency relationship ends.

  • A salesperson must disclose any personal interest in a property or transaction and any benefit received beyond commission.

  • Agency disclosure must occur before an offer is presented and must be acknowledged in writing by the parties.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must act honestly and with reasonable care and skill in all dealings with clients and customers.

  • Misrepresentation of a material fact, whether negligent or intentional, is a breach of the Act and grounds for discipline.

  • A licensee must not take advantage of a client's trust, ignorance, or distress to obtain a benefit.

  • Commingling client funds with personal or brokerage operating funds is prohibited; trust money must be deposited to a trust account.

  • A licensee must present all written offers promptly and objectively, and must not withhold or delay an offer without instruction.

  • Conflicts of interest must be disclosed promptly in writing; a licensee must not act where a conflict cannot be managed with consent.

  • A licensee must cooperate with a Commission investigation and must respond to requests for records within the time specified.

  • Discipline may include a reprimand, fine, suspension, or revocation, and may require completion of additional education.

  • A licensee must not engage in conduct that undermines public confidence in the real estate profession, whether or not a client is harmed.

Quick reference

Real Estate Trading Act and Regulations

  • Licence applications require proof of age, good character, and completion of the prescribed pre-licensing course.

  • A salesperson licence is tied to a sponsoring broker; the licence is suspended if the association with the broker ends.

  • The Registrar may impose conditions on a licence, and the licensee must comply with those conditions while trading.

  • Trust account reconciliations must be performed at the prescribed intervals and records retained for the period set by regulation.

  • Interest earned on trust funds is handled as the regulations provide; it must not be retained by the brokerage as operating income.

  • A licensee must report a criminal charge or conviction to the Registrar as required by the regulations.

  • The regulations prescribe the forms and content for listing agreements, buyer brokerage agreements, and disclosure documents.

  • Trading in real estate includes holding oneself out as a person who trades, even without a completed transaction.

Quick reference

Commission By-law

  • A commission agreement must be signed by the client and the brokerage before the brokerage is entitled to commission.

  • The agreement must specify the expiry date; an open-ended listing without a term is not enforceable.

  • A holdover clause entitles the brokerage to commission if the property sells to a buyer introduced during the term within the holdover period.

  • Where two brokerages claim commission, the by-law sets out a written notice and arbitration process.

  • Commission disputes must be raised within the time limits set by the by-law; late claims may be barred.

  • A salesperson may not accept commission directly from a client; all commission is paid to and through the brokerage.

  • The brokerage must disclose to the client any commission sharing or referral arrangement affecting the transaction.

Quick reference

Policies and Advertising Requirements

  • Advertising must not use the term 'agent' in a way that misrepresents the agency relationship actually in place.

  • Photographs and descriptions in advertising must accurately represent the property and must not be materially altered.

  • Advertising of a property must include the brokerage name and may include the salesperson's name with broker approval.

  • A licensee must not advertise a property as 'exclusive' or 'new' unless the claim is accurate at the time of publication.

  • Advertising through social media is subject to the same rules as print and broadcast advertising.

  • The brokerage must retain copies of advertising for the period required by policy and produce them on request.

  • Advertising must not disclose confidential client information without consent.

  • A licensee must not advertise services in a manner that suggests a guaranteed result or outcome that cannot be assured.

Quick reference

Agency Relationships and Disclosure

  • The agency disclosure form must be provided to the client and signed before any services are provided.

  • In a dual agency, the brokerage must not disclose one party's confidential information to the other without consent.

  • A designated agency requires written disclosure identifying which salesperson represents which party.

  • A customer is owed honesty and disclosure of material facts but not loyalty or confidentiality.

  • The brokerage must disclose any financial interest it or its salespersons have in a transaction.

  • Agency duties survive the transaction to the extent needed to protect confidential information.

  • A salesperson must not act for a party without a written agency agreement where one is required by policy.

  • Disclosure must be made in language the client can understand, and the client must be given an opportunity to ask questions.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must not make a false or misleading statement about a property, its value, or its condition.

  • A licensee must not pressure a client to accept or reject an offer against the client's stated wishes.

  • A licensee must not offer or accept a secret commission or undisclosed benefit in connection with a trade.

  • A licensee must maintain client confidentiality except where disclosure is required by law or consented to.

  • A licensee must not act in a transaction where the licensee's personal interest conflicts with the client's interest without written disclosure and consent.

  • A licensee must keep accurate records of all transactions and make them available to the Commission.

  • A licensee must not engage in discriminatory practices in the provision of services.

  • A licensee must respond honestly to a Commission inquiry and must not obstruct an investigation.

Quick reference

Real Estate Trading Act and Regulations

  • The Act establishes the Commission and the office of the Registrar, who administers licensing and discipline.

  • The Registrar may suspend a licence immediately where the public interest requires it, pending a hearing.

  • A person aggrieved by a Registrar decision may appeal as provided by the Act within the prescribed time.

  • A licensee must not trade while the licence is suspended or expired, even if a renewal application is pending.

  • The regulations set out the minimum trust account records, including deposit records, cheque records, and reconciliations.

  • A brokerage must notify the Commission of a change in the broker of record within the prescribed time.

  • The Act prohibits a person from holding out as a licensee when not licensed.

  • The regulations prescribe the content of the mandatory disclosure of agency relationships and the timing of that disclosure.

Quick reference

Commission By-law

  • A listing agreement must be in writing and signed by the seller and the brokerage to be enforceable.

  • The commission rate or amount must be stated in the agreement; a blank or vague term may make the agreement unenforceable.

  • A buyer's brokerage agreement must state the term and the services to be provided.

  • Commission is not payable where the brokerage has not performed the services specified in the agreement.

  • A holdover clause must state its duration and the class of buyers to which it applies.

  • A salesperson must not solicit a client to breach an existing commission agreement with another brokerage.

  • The by-law governs the process for resolving competing commission claims between brokerages.

Quick reference

Policies and Advertising Requirements

  • Advertising must not state or imply that a property is available for sale by a private seller when it is listed.

  • A licensee must not advertise a property without the seller's written consent.

  • Advertising must not include a photograph of a person without that person's consent.

  • Advertising must not use another brokerage's trademark or logo without permission.

  • Online advertising must be updated or removed when the listing status changes.

  • Advertising claims about a licensee's experience or sales volume must be accurate and supportable.

  • The brokerage is responsible for advertising placed by its salespersons.

  • Advertising must not use high-pressure or misleading language that could deceive a consumer.

Quick reference

Agency Relationships and Disclosure

  • Agency disclosure must occur before the client signs a listing or buyer brokerage agreement.

  • The disclosure must explain the difference between a client and a customer.

  • The disclosure must explain the duties owed in each agency model offered by the brokerage.

  • A client must consent in writing to any change in the agency relationship.

  • A salesperson must not act for both parties in a transaction without the written consent of both.

  • The brokerage must disclose any referral arrangement that may affect the client's interests.

  • Agency disclosure must be given in a form approved by the Commission.

  • A licensee must not disclose a client's motivation or financial position without consent.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must treat all parties to a transaction honestly and fairly.

  • A licensee must not misrepresent the licensee's qualifications or licence status.

  • A licensee must not engage in conduct that is unbecoming of a licensee or that harms the public interest.

  • A licensee must not accept a benefit from a third party without disclosing it to the client.

  • A licensee must not use a client's confidential information for personal gain.

  • A licensee must cooperate with other licensees in a transaction to the extent consistent with the client's interests.

  • A licensee must not obstruct another licensee's performance of duties to that licensee's client.

  • A licensee must maintain professional competence through continuing education.

Quick reference

Real Estate Trading Act and Regulations

  • The Act defines 'real estate' to include land, buildings, and interests in land.

  • Trading includes negotiating a trade and holding oneself out as available to trade.

  • A licensee must not trade in real estate for a client while the licensee's own licence is under suspension.

  • The regulations prescribe the records a brokerage must keep for trust accounts and transactions.

  • A brokerage must maintain a separate trust account for client funds and must not use it for operating expenses.

  • The Registrar may require a licensee to produce records for inspection.

  • A licensee must notify the Registrar of a change of address within the prescribed time.

  • The Act provides for penalties for trading without a licence.

Quick reference

Commission By-law

  • Commission is payable to the brokerage, not to the salesperson individually.

  • A commission agreement must be signed before the brokerage is entitled to commission.

  • The agreement must state the term and the services to be provided.

  • A holdover clause must be in writing and must specify its duration.

  • A brokerage may not claim commission on a transaction it did not perform services for.

  • Commission disputes between brokerages are resolved under the by-law's notice and arbitration process.

  • A salesperson must not accept a referral fee directly from another salesperson.

Quick reference

Policies and Advertising Requirements

  • Advertising must identify the brokerage by its registered name.

  • A salesperson's name may appear in advertising only with the broker's consent and in conjunction with the brokerage name.

  • Advertising must be accurate and must not omit material facts.

  • Advertising must not imply a direct sale by the owner when the property is listed.

  • Advertising must be removed or updated when the listing expires or is withdrawn.

  • The brokerage is responsible for advertising placed by its salespersons.

  • Advertising must not use another brokerage's listing without permission.

  • Advertising must not make unsubstantiated claims about results or services.

Quick reference

Agency Relationships and Disclosure

  • A written agency agreement must be in place before the brokerage provides services.

  • The brokerage must disclose the agency models it offers before the client signs an agreement.

  • Dual agency requires written consent from both parties.

  • Designated agency requires written disclosure of which salesperson represents which party.

  • A customer is owed honesty and disclosure of material facts but not loyalty.

  • Confidential information must not be disclosed without consent, even after the relationship ends.

  • A licensee must disclose any personal interest in a transaction.

  • Agency disclosure must be acknowledged in writing by the parties.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must act honestly and with reasonable care and skill.

  • Misrepresentation of a material fact is a breach of the Act.

  • A licensee must not take advantage of a client's trust or distress.

  • Commingling client funds with operating funds is prohibited.

  • A licensee must present all written offers promptly.

  • Conflicts of interest must be disclosed in writing.

  • A licensee must cooperate with a Commission investigation.

  • Discipline may include a reprimand, fine, suspension, or revocation.

Quick reference

Real Estate Trading Act and Regulations

  • A licence is required before a person may trade in real estate.

  • Licence classes include broker, associate broker, and salesperson.

  • A salesperson may trade only while employed by a licensed broker.

  • The Registrar may refuse, suspend, or revoke a licence for misconduct.

  • Licence renewal is annual and requires continuing education.

  • A broker must maintain a trust account for client funds.

  • Records must be kept and produced to the Registrar on request.

  • A licensee must notify the Registrar of a change of employer or address.

Quick reference

Commission By-law

  • Commission is payable only under a written agreement.

  • The agreement must state the commission amount or rate and the term.

  • Commission is earned when the brokerage performs the specified services.

  • A buyer's brokerage agreement must be in writing and signed.

  • A holdover clause must be in writing and specify its duration.

  • Commission is paid to the brokerage, not the salesperson.

  • Referral fees must be disclosed to the client.

  • Commission disputes are resolved under the by-law's process.

Quick reference

Policies and Advertising Requirements

  • Advertising must identify the brokerage by its registered name.

  • Advertising must be accurate and not misleading.

  • A salesperson's name may appear only with broker consent and the brokerage name.

  • Advertising must not imply a private sale when the property is listed.

  • Advertising must be removed or updated when the listing ends.

  • The brokerage is responsible for its salespersons' advertising.

  • Advertising must not use another brokerage's listing without permission.

  • Advertising claims must be genuine and verifiable.

Quick reference

Agency Relationships and Disclosure

  • Agency relationships must be disclosed in writing before services are provided.

  • The brokerage must disclose the agency models it offers.

  • Dual agency requires written consent from both parties.

  • Designated agency requires written disclosure of representation.

  • A customer is owed honesty but not loyalty.

  • Confidential information must not be disclosed without consent.

  • A licensee must disclose any personal interest in a transaction.

  • Agency disclosure must be acknowledged in writing.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must act honestly and with reasonable care and skill.

  • Misrepresentation of a material fact is prohibited.

  • A licensee must not take advantage of a client's trust.

  • Commingling client funds is prohibited.

  • A licensee must present all written offers promptly.

  • Conflicts of interest must be disclosed in writing.

  • A licensee must cooperate with a Commission investigation.

  • Discipline may include a reprimand, fine, suspension, or revocation.

Quick reference

Real Estate Trading Act and Regulations

  • A licence is required before trading in real estate.

  • Licence classes include broker, associate broker, and salesperson.

  • A salesperson may trade only while employed by a licensed broker.

  • The Registrar may refuse, suspend, or revoke a licence.

  • Licence renewal is annual and requires continuing education.

  • A broker must maintain a trust account.

  • Records must be produced to the Registrar on request.

  • A licensee must notify the Registrar of a change of employer or address.

Quick reference

Commission By-law

  • Commission is payable only under a written agreement.

  • The agreement must state the commission amount or rate and the term.

  • Commission is earned when the brokerage performs the specified services.

  • A buyer's brokerage agreement must be in writing and signed.

  • A holdover clause must be in writing and specify its duration.

  • Commission is paid to the brokerage, not the salesperson.

  • Referral fees must be disclosed to the client.

  • Commission disputes are resolved under the by-law's process.

Quick reference

Policies and Advertising Requirements

  • Advertising must identify the brokerage by its registered name.

  • Advertising must be accurate and not misleading.

  • A salesperson's name may appear only with broker consent and the brokerage name.

  • Advertising must not imply a private sale when the property is listed.

  • Advertising must be removed or updated when the listing ends.

  • The brokerage is responsible for its salespersons' advertising.

  • Advertising must not use another brokerage's listing without permission.

  • Advertising claims must be genuine and verifiable.

Quick reference

Agency Relationships and Disclosure

  • Agency relationships must be disclosed in writing before services are provided.

  • The brokerage must disclose the agency models it offers.

  • Dual agency requires written consent from both parties.

  • Designated agency requires written disclosure of representation.

  • A customer is owed honesty but not loyalty.

  • Confidential information must not be disclosed without consent.

  • A licensee must disclose any personal interest in a transaction.

  • Agency disclosure must be acknowledged in writing.

Quick reference

Conduct, Trade Practices and Professional Standards

  • A licensee must act honestly and with reasonable care and skill.

  • Misrepresentation of a material fact is prohibited.

  • A licensee must not take advantage of a client's trust.

  • Commingling client funds is prohibited.

  • A licensee must present all written offers promptly.

  • Conflicts of interest must be disclosed in writing.

  • A licensee must cooperate with a Commission investigation.

  • Discipline may include a reprimand, fine, suspension, or revocation.

Quick reference

Real Estate Trading Act and Regulations

  • A licence is required before trading in real estate.

  • Licence classes include broker, associate broker, and salesperson.

  • A salesperson may trade only while employed by a licensed broker.

  • The Registrar may refuse, suspend, or revoke a licence.

  • Licence renewal is annual and requires continuing education.

  • A broker must maintain a trust account.

  • Records must be produced to the Registrar on request.

  • A licensee must notify the Registrar of a change of employer or address.

Quick reference

Commission By-law

  • Commission is payable only under a written agreement.

  • The agreement must state the commission amount or rate and the term.

  • Commission is earned when the brokerage performs the specified services.

  • A buyer's brokerage agreement must be in writing and signed.

  • A holdover clause must be in writing and specify its duration.

  • Commission is paid to the brokerage, not the salesperson.

  • Referral fees must be disclosed to the client.

  • Commission disputes are resolved under the by-law's process.