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Real Estate Agent Agreement Contract for Canada

Real Estate Agent Agreement Contract Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes the professional relationship between a real estate agent or brokerage and their client (either a seller or buyer). The document outlines the scope of services, responsibilities, compensation structure, and terms of engagement while ensuring compliance with relevant real estate regulations, privacy laws, and professional standards. It includes provisions for marketing services, transaction management, confidentiality requirements, and specific provincial regulatory requirements.

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Real Estate Agent Agreement Contract

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What is a Real Estate Agent Agreement Contract?

The Real Estate Agent Agreement Contract is a crucial document used in Canadian real estate transactions to formalize the relationship between real estate professionals and their clients. This agreement is essential when a property owner wishes to engage a real estate agent's services for selling, buying, or leasing property, or when a buyer seeks exclusive representation. The document must comply with federal legislation such as PIPEDA and provincial real estate regulations, while incorporating professional standards set by the Canadian Real Estate Association. It typically includes detailed provisions about service scope, commission structures, marketing strategies, and obligations of both parties. The agreement serves as a protective mechanism for all parties involved and helps ensure transparency in real estate transactions.

What sections should be included in a Real Estate Agent Agreement Contract?

1. Parties: Identifies the real estate agent/brokerage and the client (seller/buyer) with full legal names and contact information

2. Background: Establishes the context of the agreement, including the agent's licensing status and the client's intention to engage real estate services

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', and other relevant terms

4. Appointment and Authority: Establishes the agent's appointment and specifies the scope of authority granted by the client

5. Term of Agreement: Specifies the duration of the agreement, including start and end dates

6. Agent's Obligations: Details the services and duties the agent will provide, including marketing, showing property, negotiations, and documentation

7. Client's Obligations: Outlines the client's responsibilities, including providing accurate information and reasonable cooperation

8. Commission Structure: Details the commission rate, payment terms, and conditions under which commission becomes payable

9. Privacy and Personal Information: Addresses the collection, use, and disclosure of personal information in compliance with PIPEDA

10. Representations and Warranties: Contains statements of fact and guarantees made by both parties

11. Termination: Specifies conditions and procedures for ending the agreement

12. Governing Law: Establishes that the agreement is governed by Canadian law and specific provincial legislation

13. Entire Agreement: Confirms that the document represents the complete agreement between parties

What sections are optional to include in a Real Estate Agent Agreement Contract?

1. Dual Agency Consent: Required when the agent may represent both buyer and seller in a transaction

2. International Client Provisions: Additional terms for non-resident clients, including tax considerations

3. Team Representation: Used when multiple agents from the same brokerage will be involved

4. Digital Services Authorization: Specific provisions for electronic marketing and virtual services

5. Property Management Services: Additional terms if the agent will provide property management services

6. Holdover Period: Terms regarding commission obligations after agreement expiration

7. Force Majeure: Provisions for unforeseen circumstances preventing performance

What schedules should be included in a Real Estate Agent Agreement Contract?

1. Schedule A - Property Details: Detailed description of the property including address, legal description, and included/excluded items

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and payment scenarios

3. Schedule C - Marketing Plan: Specific marketing activities and timeline proposed by the agent

4. Schedule D - Service Package: Detailed list of services included in the agreement

5. Appendix 1 - Agency Disclosure: Mandatory disclosure of agency relationships as required by provincial law

6. Appendix 2 - Privacy Policy: Detailed privacy policy and information handling procedures

7. Appendix 3 - Professional Credentials: Agent's licensing information and professional certifications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions



























Clauses


























Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Management

Professional Services

Legal Services

Financial Services

Relevant Teams

Legal

Compliance

Real Estate Operations

Sales

Marketing

Business Development

Contract Administration

Client Relations

Risk Management

Document Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Compliance Officer

Legal Counsel

Contract Administrator

Real Estate Transaction Coordinator

Sales Director

Business Development Manager

Marketing Manager

Real Estate Operations Manager

Branch Manager

Managing Broker

Client Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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