ON Residential Transactions Exam study materials
ON Residential Transactions Exam study resources

ON Residential Transactions Exam cheat sheet

ON Residential Transactions Exam · Keep the key ideas within reach.

Quick reference

Professional Conduct, Ethics and Regulatory Obligations

  • In Ontario, registrants are governed by the Trust in Real Estate Services Act, 2002 (TRESA) and its regulations, plus the REBBA Code of Ethics (O. Reg. 580/05) as amended; TRESA replaced most of REBBA on December 1, 2020.

  • Duties owed to clients under the Code of Ethics: loyalty, obedience to lawful instructions, disclosure, confidentiality, competence, and full and fair disclosure of material facts; these duties survive termination of the brokerage agreement.

  • Confidentiality survives the end of the relationship, but it does not extend to material facts about the property itself; latent defects and known material facts must be disclosed to all parties.

  • Registrants must disclose conflicts of interest in writing and obtain informed consent; a brokerage acting for both buyer and seller is multiple representation and requires written consent from both clients.

  • Commissions and rebates must be disclosed in writing before an agreement is signed; undisclosed referral fees or undisclosed dual commissions are a breach of the Code.

  • Registrants may not act in a way that is misleading, fraudulent, or that brings the profession into disrepute; advertising must not be false or deceptive and must include the brokerage name as required.

  • RECO administers registration, complaints, and discipline; the Real Estate Council of Ontario can suspend or revoke registration and impose fines, and its decisions are published.

  • Client money must be held in a trust account at a Canadian financial institution; the brokerage must keep records for at least six years and reconcile trust accounts monthly.

Quick reference

Legislation Governing Residential Transactions

  • TRESA, 2002 governs brokerage registration, representation, and trading in real estate in Ontario; the Act is supplemented by O. Reg. 567/05 (general) and O. Reg. 579/05 (records and trust accounts).

  • The Real Estate Brokers Act (REBA) was largely repealed and replaced by TRESA; legacy references to REBA in older study material should be read as TRESA.

  • The Residential Tenancies Act, 2006 governs most residential tenancies, rent increases, and eviction; it does not apply to tenancies where the landlord and tenant share a kitchen or bathroom with the landlord.

  • The Condominium Act, 1998 governs condo creation, status certificates, reserve funds, and condo corporation governance; the Act was substantially amended by the Protecting Condominium Owners Act, 2015.

  • The Planning Act governs land use, severances, and subdivision; the Ontario Building Code and municipal zoning bylaws control permitted uses and construction standards.

  • The Land Titles Act governs registered title in Ontario; the Registry system still applies to some older properties, and the two systems have different search and assurance rules.

  • The Family Law Act gives a spouse a possessory right to the matrimonial home regardless of title; a non-titled spouse must consent to a sale or encumbrance of the matrimonial home.

  • The Human Rights Code prohibits discrimination in the sale or rental of accommodation on enumerated grounds, including race, religion, family status, and disability; a registrant may not follow discriminatory instructions.

Quick reference

Agency, Representation and Client Relationships

  • TRESA replaced the old common-law agency model with a representation model: a brokerage either represents a client or provides services to a self-represented party without representing them.

  • A client is a person who has entered into a representation agreement with a brokerage; a customer is a person to whom the brokerage provides services without a representation agreement.

  • Under TRESA, a self-represented party must be given a prescribed information guide before the brokerage provides services, and the brokerage must keep a record of that disclosure.

  • Multiple representation occurs when the same brokerage represents two or more clients in the same trade; it requires written disclosure and informed consent from all clients, and the brokerage must be impartial.

  • A designated representative is a registrant within a brokerage who is assigned to represent a client; the brokerage itself holds the representation, but the designated representative owes the client duties.

  • The duty of confidentiality ends when the representation ends, but the duty to disclose material facts about the property continues and cannot be waived.

  • A representation agreement must be in writing, must state the term and the services provided, and must disclose how and when the brokerage will be compensated.

  • A registrant may not act for a party whose interests conflict with a client's without disclosure and consent; if consent cannot be obtained, the registrant must decline or terminate the representation.

Quick reference

Listing and Buyer Representation Agreements

  • A listing agreement must be in writing and signed by the seller; it must state the listing price, term, commission, and the services the brokerage will provide.

  • A buyer representation agreement (BRA) must be in writing and must state the term, the geographic area or property type, and the commission or compensation arrangement.

  • A BRA with a holdover clause can entitle the brokerage to commission if the buyer purchases a property introduced during the term after the agreement ends; the holdover period must be stated and reasonable.

  • Under TRESA, a listing agreement must include a statement that the seller may be represented by the brokerage and that the brokerage may also represent a buyer in multiple representation only with consent.

  • The listing term should not exceed what is reasonable; a common term is 60 to 120 days, and the agreement should specify the notice required to terminate.

  • A seller may cancel a listing agreement; the brokerage may be entitled to commission if a ready, willing, and able buyer was introduced before cancellation, depending on the agreement terms.

  • A BRA should specify whether the buyer will pay the brokerage directly if the seller does not offer cooperating compensation, and whether the buyer is liable for any shortfall.

  • Amendments to a listing or buyer agreement must be in writing and signed by all parties; verbal changes to commission or term are not enforceable.

Quick reference

Property Marketing, Advertising and Disclosure

  • Advertising must be truthful and not misleading; it must include the brokerage name and must not misrepresent the property, the registrant, or the services offered.

  • A registrant must not advertise a property without the seller's written consent, and must not advertise a property that is subject to an exclusive listing with another brokerage.

  • Material facts about a property, including known latent defects and environmental issues, must be disclosed to buyers; a registrant cannot withhold information at the seller's request.

  • The seller's property information form must be completed accurately; a registrant should verify the information and should not complete it on the seller's behalf without the seller's confirmation.

  • Advertising a price that is not the seller's actual asking price, or a price designed to attract buyers to a different property, is misleading and prohibited.

  • Testimonials and claims about results must be accurate and must not create unrealistic expectations; comparative claims must be verifiable.

  • A registrant must not use another brokerage's listing content, photos, or branding without permission; copyright in listing photos generally belongs to the photographer or brokerage.

  • Disclosure of a stigmatized property (for example, a death or crime in the home) is governed by materiality; a registrant should not misrepresent the property's history if asked directly.

Quick reference

Pricing, Market Analysis and Listing Preparation

  • A comparative market analysis (CMA) estimates value from recent comparable sales, adjusting for differences in size, condition, location, and features.

  • The CMA should use closed sales, active listings, and expired listings; the most weight goes to recent closed sales of similar properties in the same area.

  • Adjustments are made by adding value for features the subject lacks and subtracting for features the subject has in excess of the comparable.

  • Price per square foot is a rough guide only; it varies with lot size, basement finish, garage, and condition and should not be the sole basis for pricing.

  • Absorption rate = number of sales in a period divided by active listings at the end of that period; a low absorption rate indicates a buyer's market.

  • Months of inventory = active listings divided by average monthly sales; roughly six months of inventory is often treated as a balanced market.

  • A listing price should be supported by the CMA and by the seller's goals; overpricing can extend days on market and ultimately reduce the sale price.

  • Listing preparation includes decluttering, repairs, staging, and professional photography; disclose known defects rather than concealing them with cosmetic fixes.

Quick reference

Agreements of Purchase and Sale and Contract Law

  • An Agreement of Purchase and Sale (APS) must be in writing and signed by both parties; it must identify the parties, the property, the price, and the closing date.

  • The APS becomes binding when acceptance is communicated to the offeror; a counter-offer terminates the original offer and must be accepted in the form presented.

  • A condition precedent must be satisfied for the contract to become binding; a condition subsequent allows the contract to end if the condition is not met.

  • A deposit is part of the purchase price; it is generally held in trust and is forfeited to the seller if the buyer fails to complete without a lawful excuse.

  • Time is of the essence in the APS; a party who fails to close on the closing date is in breach unless the contract provides otherwise.

  • The standard APS includes warranties that the property and chattels are in good working order on closing, subject to the stated limitations.

  • The seller warrants that the property will be conveyed free of encumbrances except those disclosed; the buyer should search title before closing.

  • A waiver of a condition must be in writing and communicated to the other party; a verbal waiver may not be enforceable.

Quick reference

Financing, Mortgages and Transaction Conditions

  • A financing condition protects the buyer if a mortgage cannot be obtained; it must state a deadline by which the buyer must waive or satisfy the condition.

  • The mortgage stress test requires most buyers to qualify at the greater of the contract rate plus 2 percentage points or the Bank of Canada benchmark rate.

  • Loan-to-value (LTV) ratio = mortgage amount divided by property value; a higher LTV generally requires mortgage default insurance.

  • Mortgage default insurance is required for high-ratio mortgages (LTV above 80%) and is provided by CMHC, Sagen, or Canada Guaranty.

  • The gross debt service (GDS) ratio = housing costs divided by gross annual income; the total debt service (TDS) ratio includes all debt payments.

  • A buyer should obtain a mortgage pre-approval before making an offer; pre-approval is not a guarantee and is subject to property appraisal and verification.

  • The APS should specify that the deposit is held in trust and that the buyer's financing condition is for the buyer's sole benefit and may be waived by the buyer.

  • Closing costs include land transfer tax, legal fees, title insurance, and adjustments; the buyer should confirm the funds available before the closing date.

Quick reference

Title, Ownership and Encumbrances

  • Title is the legal right to own and use land; in Ontario, title is registered under the Land Titles Act, which provides assurance for registered owners.

  • Encumbrances include mortgages, easements, restrictive covenants, liens, and rights-of-way; they may bind the buyer even if not noted in the APS.

  • A title search reveals registered owners, encumbrances, and executions; the buyer's lawyer should search title before closing.

  • Title insurance protects the buyer and lender against certain title defects, including fraud, survey errors, and undisclosed encumbrances.

  • Joint tenancy includes the right of survivorship; tenants in common hold distinct shares without survivorship.

  • An easement grants a right to use another's land for a specific purpose; a restrictive covenant limits how the land may be used.

  • A lien or execution against the seller must be discharged before or at closing; the buyer should not close with an undisclosed lien on title.

  • A survey or property identifier (PIN) helps confirm boundaries and easements; the buyer should review it before waiving conditions.

Quick reference

Property Condition, Inspections and Environmental Issues

  • A home inspection is a visual, non-invasive examination of accessible systems and components; it is not a warranty and does not cover concealed defects.

  • The seller must disclose known latent defects that are not discoverable by a reasonable inspection; patent defects are discoverable and do not require disclosure.

  • Common environmental issues include asbestos, mold, radon, lead, urea-formaldehyde foam insulation, and underground oil tanks.

  • An underground oil tank must be removed and the soil tested; a leaking tank can create significant remediation liability.

  • Radon is a radioactive gas that can accumulate in homes; Health Canada recommends testing and mitigation above 200 Bq/m3.

  • Asbestos is commonly found in older insulation, floor tiles, and pipe wrap; disturbance can release fibres and requires professional abatement.

  • A buyer should include an inspection condition in the APS and should obtain a written report before waiving it.

  • The seller's warranty that the property is in good working order does not cover environmental contamination; the buyer should investigate separately.

Quick reference

Closing, Trust Accounting and Deposit Handling

  • The closing date is the date the buyer receives title and the seller receives the purchase price; the parties may agree to extend it in writing.

  • The deposit must be held in trust in a brokerage trust account or by the seller's lawyer; it must not be used for the brokerage's operating expenses.

  • Trust funds must be deposited within five business days of receipt and must be reconciled monthly; the brokerage must keep records for at least six years.

  • A trust account must be at a Canadian financial institution and must be designated as a trust account; the brokerage must maintain a separate trust ledger for each client.

  • On closing, the buyer's lawyer registers the transfer, discharges encumbrances, and provides the seller with the net proceeds.

  • Adjustments at closing include prepaid property taxes, utilities, and rent; these are prorated to the closing date.

  • A holdback may be used to secure completion of repairs or outstanding items; the APS should state the amount and release conditions.

  • If a transaction fails to close, the deposit is generally held in trust until the parties agree or a court orders its release.

Quick reference

Residential Tenancies

  • The Residential Tenancies Act, 2006 applies to most residential tenancies in Ontario; it does not apply where the tenant shares a kitchen or bathroom with the landlord.

  • A tenancy agreement may be written or oral; the landlord must use the standard lease for most residential tenancies entered into on or after April 30, 2018.

  • Rent increases are generally limited to the annual guideline set by the province; above-guideline increases require approval from the Landlord and Tenant Board.

  • A landlord may require a security deposit equal to one month's rent; it must be applied to the last month's rent and earns interest.

  • A landlord must give 24 hours' written notice to enter the unit, except in emergencies or where the tenant agrees.

  • A tenant may assign or sublet with the landlord's consent; the landlord cannot unreasonably refuse consent.

  • Eviction requires notice and, in most cases, an order from the Landlord and Tenant Board; a landlord cannot self-help by changing locks or removing belongings.

  • A buyer of a residential property with tenants takes subject to the existing tenancy; the buyer should review the leases and the rent roll before closing.

Quick reference

Condominiums and Special Property Types

  • A condominium consists of a unit and a share of the common elements; the unit boundaries and common elements are defined in the declaration, description, and by-laws.

  • The condominium corporation is governed by a board of directors; the board must maintain the common elements and manage the reserve fund.

  • A status certificate must be provided to a buyer within 10 days of a written request; the buyer has a 10-day cooling-off period after receiving it to review the certificate.

  • The reserve fund study must be updated every three years, and the reserve fund must be funded according to the study; a shortfall can lead to special assessments.

  • Common expenses are allocated according to the unit's percentage of common interest; the buyer should review the budget and any special assessments.

  • A condominium declaration may contain restrictive covenants and rules; the buyer should review the rules and the corporation's financial statements.

  • Special property types include co-operatives (shares in a corporation, not title to a unit), co-ownership, and life leases; each has different ownership and financing rules.

  • A co-operative buyer purchases shares in the corporation and a right to occupy a unit; the corporation's board must approve the buyer, and financing differs from a condo mortgage.

Quick reference

Professional Conduct, Ethics and Regulatory Obligations

  • A registrant must be honest and act with integrity; misrepresenting a property or a client's position is a breach of the Code of Ethics.

  • A registrant must not act for a client if the registrant has a personal interest in the transaction without full written disclosure and consent.

  • A registrant must keep client information confidential and must not disclose it without consent, except where required by law or to prevent a crime.

  • A registrant must not accept compensation from more than one party in a transaction without written disclosure and consent from all parties.

  • A registrant must cooperate with other brokerages and must not interfere with another brokerage's representation agreement.

  • A registrant must maintain competence and must not provide services outside their knowledge without obtaining assistance.

  • A registrant must report known breaches of the Code to RECO and must cooperate with RECO investigations.

  • A registrant must not discriminate and must not follow instructions that would result in discrimination under the Human Rights Code.

Quick reference

Legislation Governing Residential Transactions

  • The Trust in Real Estate Services Act, 2002 is the primary statute governing trading in real estate in Ontario; it replaced most of REBA.

  • The Act requires registration of brokerages and registrants and sets out the duties of brokerages and registrants.

  • The Act and regulations set out trust account requirements, record-keeping, and the handling of client money.

  • The Act gives RECO the authority to investigate complaints, impose discipline, and suspend or revoke registration.

  • The Act requires written representation agreements and disclosure of the nature of the relationship to clients and self-represented parties.

  • The Act requires disclosure of remuneration and any conflicts of interest in writing.

  • The Act is supplemented by the Code of Ethics regulation, which sets out specific duties and prohibited conduct.

  • The Act does not apply to private sales where no brokerage is involved; however, a registrant who assists a private sale may still be subject to the Act.

Quick reference

Agency, Representation and Client Relationships

  • A brokerage represents a client only when a written representation agreement is in place; otherwise, the brokerage provides services without representation.

  • A designated representative is a registrant assigned to a client; the brokerage remains responsible for the representation.

  • A self-represented party must receive the prescribed information guide before services are provided.

  • Multiple representation requires written disclosure and informed consent from all clients; the brokerage must not favour one client over another.

  • A registrant must not disclose a client's confidential information to another party without consent.

  • A registrant must disclose any personal interest in a transaction and obtain consent.

  • A representation agreement may be terminated by mutual agreement or according to its terms; the brokerage may be entitled to commission for services already provided.

  • A registrant must not act for a party whose interests conflict with a client's without disclosure and consent.

Quick reference

Listing and Buyer Representation Agreements

  • A listing agreement must be in writing and must state the term, the listing price, the commission, and the services provided.

  • A buyer representation agreement must be in writing and must state the term, the area or property type, and the compensation arrangement.

  • A holdover clause in a buyer representation agreement must be reasonable and must be stated in the agreement.

  • A listing agreement should specify the seller's consent to advertise the property and to cooperate with other brokerages.

  • A representation agreement should disclose whether the brokerage will act for more than one client in a transaction.

  • Amendments to a representation agreement must be in writing and signed by all parties.

  • A seller may cancel a listing agreement; the brokerage may be entitled to commission if a ready, willing, and able buyer was introduced.

  • A buyer representation agreement should state whether the buyer will pay the brokerage if the seller does not offer cooperating compensation.

Quick reference

Property Marketing, Advertising and Disclosure

  • Advertising must be truthful, accurate, and not misleading; it must include the brokerage name.

  • A registrant must obtain the seller's written consent before advertising a property.

  • A registrant must not advertise a property that is subject to an exclusive listing with another brokerage.

  • Material facts, including known latent defects, must be disclosed to buyers.

  • A registrant must not misrepresent the property's price, condition, or features.

  • Testimonials and claims about results must be accurate and verifiable.

  • A registrant must not use another brokerage's listing content without permission.

  • A registrant should disclose known stigmatized property history if asked directly and should not misrepresent it.

Quick reference

Pricing, Market Analysis and Listing Preparation

  • A CMA estimates value from recent comparable sales, adjusting for differences in size, condition, location, and features.

  • The CMA should use closed sales, active listings, and expired listings, with the most weight on recent closed sales.

  • Adjustments add value for features the subject lacks and subtract for features the subject has in excess.

  • Price per square foot is a rough guide only and should not be the sole basis for pricing.

  • Absorption rate = sales in a period divided by active listings at the end of that period.

  • Months of inventory = active listings divided by average monthly sales; about six months is often balanced.

  • A listing price should be supported by the CMA and the seller's goals; overpricing can extend days on market.

  • Listing preparation includes decluttering, repairs, staging, and professional photography, and disclosure of known defects.

Quick reference

Agreements of Purchase and Sale and Contract Law

  • An APS must be in writing and signed by both parties and must identify the parties, property, price, and closing date.

  • The APS becomes binding when acceptance is communicated to the offeror.

  • A counter-offer terminates the original offer and must be accepted in the form presented.

  • A condition precedent must be satisfied for the contract to become binding.

  • A deposit is part of the purchase price and is generally held in trust.

  • Time is of the essence; a party who fails to close on the closing date is in breach unless the contract provides otherwise.

  • The standard APS includes warranties that the property and chattels are in good working order on closing.

  • A waiver of a condition must be in writing and communicated to the other party.

Quick reference

Financing, Mortgages and Transaction Conditions

  • A financing condition protects the buyer if a mortgage cannot be obtained and must state a deadline.

  • The mortgage stress test requires most buyers to qualify at the greater of the contract rate plus 2 percentage points or the Bank of Canada benchmark rate.

  • LTV ratio = mortgage amount divided by property value; a higher LTV generally requires mortgage default insurance.

  • Mortgage default insurance is required for high-ratio mortgages (LTV above 80%).

  • GDS ratio = housing costs divided by gross annual income; TDS includes all debt payments.

  • A mortgage pre-approval is not a guarantee and is subject to appraisal and verification.

  • Closing costs include land transfer tax, legal fees, title insurance, and adjustments.

  • The APS should specify that the deposit is held in trust and that the financing condition is for the buyer's sole benefit.

Quick reference

Title, Ownership and Encumbrances

  • Title is the legal right to own and use land; in Ontario, title is registered under the Land Titles Act.

  • Encumbrances include mortgages, easements, restrictive covenants, liens, and rights-of-way.

  • A title search reveals registered owners, encumbrances, and executions.

  • Title insurance protects the buyer and lender against certain title defects.

  • Joint tenancy includes the right of survivorship; tenants in common hold distinct shares without survivorship.

  • An easement grants a right to use another's land for a specific purpose.

  • A lien or execution against the seller must be discharged before or at closing.

  • A survey or PIN helps confirm boundaries and easements.

Quick reference

Property Condition, Inspections and Environmental Issues

  • A home inspection is a visual, non-invasive examination of accessible systems and components.

  • The seller must disclose known latent defects that are not discoverable by a reasonable inspection.

  • Common environmental issues include asbestos, mold, radon, lead, urea-formaldehyde foam insulation, and underground oil tanks.

  • An underground oil tank must be removed and the soil tested.

  • Radon is a radioactive gas; Health Canada recommends mitigation above 200 Bq/m3.

  • Asbestos is commonly found in older insulation, floor tiles, and pipe wrap.

  • A buyer should include an inspection condition and obtain a written report before waiving it.

  • The seller's warranty of good working order does not cover environmental contamination.

Quick reference

Closing, Trust Accounting and Deposit Handling

  • The closing date is the date the buyer receives title and the seller receives the purchase price.

  • The deposit must be held in trust in a brokerage trust account or by the seller's lawyer.

  • Trust funds must be deposited within five business days of receipt and reconciled monthly.

  • A trust account must be at a Canadian financial institution and designated as a trust account.

  • On closing, the buyer's lawyer registers the transfer, discharges encumbrances, and provides the net proceeds.

  • Adjustments at closing include prepaid property taxes, utilities, and rent, prorated to the closing date.

  • A holdback may secure completion of repairs or outstanding items.

  • If a transaction fails to close, the deposit is held in trust until the parties agree or a court orders release.

Quick reference

Residential Tenancies

  • The Residential Tenancies Act, 2006 applies to most residential tenancies in Ontario.

  • A tenancy agreement may be written or oral; the standard lease is required for most tenancies entered into on or after April 30, 2018.

  • Rent increases are generally limited to the annual guideline; above-guideline increases require Landlord and Tenant Board approval.

  • A landlord may require a security deposit equal to one month's rent.

  • A landlord must give 24 hours' written notice to enter, except in emergencies or with the tenant's agreement.

  • A tenant may assign or sublet with the landlord's consent, which cannot be unreasonably refused.

  • Eviction requires notice and, in most cases, an order from the Landlord and Tenant Board.

  • A buyer of a property with tenants takes subject to the existing tenancy.

Quick reference

Condominiums and Special Property Types

  • A condominium consists of a unit and a share of the common elements defined in the declaration, description, and by-laws.

  • The condominium corporation is governed by a board that maintains common elements and manages the reserve fund.

  • A status certificate must be provided within 10 days of a written request; the buyer has a 10-day cooling-off period after receiving it.

  • The reserve fund study must be updated every three years.

  • Common expenses are allocated according to the unit's percentage of common interest.

  • The declaration may contain restrictive covenants and rules the buyer should review.

  • Special property types include co-operatives, co-ownership, and life leases.

  • A co-operative buyer purchases shares and a right to occupy; the board must approve the buyer.

Quick reference

Professional Conduct, Ethics and Regulatory Obligations

  • A registrant must be honest and act with integrity.

  • A registrant must not act for a client with a personal interest in the transaction without written disclosure and consent.

  • A registrant must keep client information confidential.

  • A registrant must not accept compensation from more than one party without written disclosure and consent.

  • A registrant must cooperate with other brokerages and not interfere with another brokerage's representation agreement.

  • A registrant must maintain competence and obtain assistance when needed.

  • A registrant must report known breaches of the Code to RECO.

  • A registrant must not discriminate or follow discriminatory instructions.

Quick reference

Legislation Governing Residential Transactions

  • TRESA, 2002 is the primary statute governing trading in real estate in Ontario.

  • The Act requires registration of brokerages and registrants.

  • The Act and regulations set out trust account and record-keeping requirements.

  • The Act gives RECO authority to investigate, discipline, and suspend or revoke registration.

  • The Act requires written representation agreements and disclosure of the relationship.

  • The Act requires disclosure of remuneration and conflicts of interest in writing.

  • The Code of Ethics regulation sets out specific duties and prohibited conduct.

  • The Act does not apply to private sales where no brokerage is involved.

Quick reference

Agency, Representation and Client Relationships

  • A brokerage represents a client only when a written representation agreement is in place.

  • A designated representative is a registrant assigned to a client; the brokerage remains responsible.

  • A self-represented party must receive the prescribed information guide before services are provided.

  • Multiple representation requires written disclosure and informed consent from all clients.

  • A registrant must not disclose a client's confidential information without consent.

  • A registrant must disclose any personal interest in a transaction and obtain consent.

  • A representation agreement may be terminated by mutual agreement or according to its terms.

  • A registrant must not act for a party whose interests conflict with a client's without disclosure and consent.

Quick reference

Listing and Buyer Representation Agreements

  • A listing agreement must be in writing and state the term, price, commission, and services.

  • A buyer representation agreement must be in writing and state the term, area or property type, and compensation.

  • A holdover clause must be reasonable and stated in the agreement.

  • A listing agreement should specify the seller's consent to advertise and cooperate with other brokerages.

  • A representation agreement should disclose whether the brokerage will act for more than one client.

  • Amendments must be in writing and signed by all parties.

  • A seller may cancel a listing agreement; the brokerage may be entitled to commission if a ready, willing, and able buyer was introduced.

  • A buyer representation agreement should state whether the buyer will pay the brokerage if the seller does not offer cooperating compensation.

Quick reference

Property Marketing, Advertising and Disclosure

  • Advertising must be truthful, accurate, and not misleading and must include the brokerage name.

  • A registrant must obtain the seller's written consent before advertising a property.

  • A registrant must not advertise a property subject to an exclusive listing with another brokerage.

  • Material facts, including known latent defects, must be disclosed to buyers.

  • A registrant must not misrepresent the property's price, condition, or features.

  • Testimonials and claims about results must be accurate and verifiable.

  • A registrant must not use another brokerage's listing content without permission.

  • A registrant should disclose known stigmatized property history if asked directly.

Quick reference

Pricing, Market Analysis and Listing Preparation

  • A CMA estimates value from recent comparable sales, adjusting for differences.

  • The CMA should use closed sales, active listings, and expired listings.

  • Adjustments add value for features the subject lacks and subtract for features in excess.

  • Price per square foot is a rough guide only.

  • Absorption rate = sales in a period divided by active listings at the end of that period.

  • Months of inventory = active listings divided by average monthly sales.

  • A listing price should be supported by the CMA and the seller's goals.

  • Listing preparation includes decluttering, repairs, staging, and professional photography.

Quick reference

Agreements of Purchase and Sale and Contract Law

  • An APS must be in writing and signed by both parties.

  • The APS becomes binding when acceptance is communicated to the offeror.

  • A counter-offer terminates the original offer.

  • A condition precedent must be satisfied for the contract to become binding.

  • A deposit is part of the purchase price and is generally held in trust.

  • Time is of the essence; failure to close on the closing date is a breach.

  • The standard APS includes warranties that the property and chattels are in good working order.

  • A waiver of a condition must be in writing and communicated to the other party.

Quick reference

Financing, Mortgages and Transaction Conditions

  • A financing condition protects the buyer and must state a deadline.

  • The mortgage stress test requires most buyers to qualify at the greater of the contract rate plus 2 percentage points or the Bank of Canada benchmark rate.

  • LTV ratio = mortgage amount divided by property value.

  • Mortgage default insurance is required for high-ratio mortgages (LTV above 80%).

  • GDS ratio = housing costs divided by gross annual income; TDS includes all debt payments.

  • A mortgage pre-approval is not a guarantee.

  • Closing costs include land transfer tax, legal fees, title insurance, and adjustments.

  • The APS should specify that the deposit is held in trust and that the financing condition is for the buyer's sole benefit.

Quick reference

Title, Ownership and Encumbrances

  • Title is the legal right to own and use land; in Ontario, title is registered under the Land Titles Act.

  • Encumbrances include mortgages, easements, restrictive covenants, liens, and rights-of-way.

  • A title search reveals registered owners, encumbrances, and executions.

  • Title insurance protects the buyer and lender against certain title defects.

  • Joint tenancy includes the right of survivorship; tenants in common hold distinct shares without survivorship.

  • An easement grants a right to use another's land for a specific purpose.

  • A lien or execution against the seller must be discharged before or at closing.

  • A survey or PIN helps confirm boundaries and easements.

Quick reference

Property Condition, Inspections and Environmental Issues

  • A home inspection is a visual, non-invasive examination of accessible systems and components.

  • The seller must disclose known latent defects that are not discoverable by a reasonable inspection.

  • Common environmental issues include asbestos, mold, radon, lead, urea-formaldehyde foam insulation, and underground oil tanks.

  • An underground oil tank must be removed and the soil tested.

  • Radon is a radioactive gas; Health Canada recommends mitigation above 200 Bq/m3.

  • Asbestos is commonly found in older insulation, floor tiles, and pipe wrap.

  • A buyer should include an inspection condition and obtain a written report before waiving it.

  • The seller's warranty of good working order does not cover environmental contamination.

Quick reference

Closing, Trust Accounting and Deposit Handling

  • The closing date is the date the buyer receives title and the seller receives the purchase price.

  • The deposit must be held in trust in a brokerage trust account or by the seller's lawyer.

  • Trust funds must be deposited within five business days of receipt and reconciled monthly.

  • A trust account must be at a Canadian financial institution and designated as a trust account.

  • On closing, the buyer's lawyer registers the transfer, discharges encumbrances, and provides the net proceeds.

  • Adjustments at closing include prepaid property taxes, utilities, and rent, prorated to the closing date.

  • A holdback may secure completion of repairs or outstanding items.

  • If a transaction fails to close, the deposit is held in trust until the parties agree or a court orders release.

Quick reference

Residential Tenancies

  • The Residential Tenancies Act, 2006 applies to most residential tenancies in Ontario.

  • A tenancy agreement may be written or oral; the standard lease is required for most tenancies entered into on or after April 30, 2018.

  • Rent increases are generally limited to the annual guideline; above-guideline increases require Landlord and Tenant Board approval.

  • A landlord may require a security deposit equal to one month's rent.

  • A landlord must give 24 hours' written notice to enter, except in emergencies or with the tenant's agreement.

  • A tenant may assign or sublet with the landlord's consent, which cannot be unreasonably refused.

  • Eviction requires notice and, in most cases, an order from the Landlord and Tenant Board.

  • A buyer of a property with tenants takes subject to the existing tenancy.

Quick reference

Condominiums and Special Property Types

  • A condominium consists of a unit and a share of the common elements defined in the declaration, description, and by-laws.

  • The condominium corporation is governed by a board that maintains common elements and manages the reserve fund.

  • A status certificate must be provided within 10 days of a written request; the buyer has a 10-day cooling-off period after receiving it.

  • The reserve fund study must be updated every three years.

  • Common expenses are allocated according to the unit's percentage of common interest.

  • The declaration may contain restrictive covenants and rules the buyer should review.

  • Special property types include co-operatives, co-ownership, and life leases.

  • A co-operative buyer purchases shares and a right to occupy; the board must approve the buyer.

Quick reference

Professional Conduct, Ethics and Regulatory Obligations

  • A registrant must be honest and act with integrity.

  • A registrant must not act for a client with a personal interest in the transaction without written disclosure and consent.

  • A registrant must keep client information confidential.

  • A registrant must not accept compensation from more than one party without written disclosure and consent.

  • A registrant must cooperate with other brokerages and not interfere with another brokerage's representation agreement.

  • A registrant must maintain competence and obtain assistance when needed.

  • A registrant must report known breaches of the Code to RECO.

  • A registrant must not discriminate or follow discriminatory instructions.