Multiple Representation

What is multiple representation in Ontario real estate?

Multiple representation occurs when one Ontario brokerage represents more than one client with competing interests in the same transaction — most commonly when the same brokerage represents both the buyer and the seller. Multiple representation is legal under TRESA, but only if every represented party provides informed written acknowledgment before the brokerage continues acting in the arrangement. The duties owed to clients narrow significantly: the brokerage cannot reveal one client's negotiating limits to the other.

How multiple representation arises

Three common scenarios:

1. Same brokerage, same registrant — one salesperson lists the property and also represents the buyer who makes an offer. Often called "double ending."
2. Same brokerage, different registrants — without designated representation, two registrants in the same brokerage on either side puts the brokerage itself in multiple representation.
3. Two competing buyers from the same brokerage — both submit offers on the same listed property the brokerage represents.

Under TRESA's designated representation regime, scenario 2 can be structured so the brokerage itself is not in multiple representation — each designated registrant represents only one party.

What changes when multiple representation applies

Once consented to, the brokerage's duties narrow. The brokerage cannot disclose to either party:

• The maximum price the buyer is willing to pay
• The minimum the seller is willing to accept
• Either party's motivation, timeline pressure, or negotiating strategy
• Any confidential information given to the brokerage by one party

The brokerage must continue to disclose to both parties:

• All material facts about the property
• Multiple offers, when they exist
• Any information legally required under TRESA

The written acknowledgment

OREA Form 320 (Confirmation of Cooperation and Representation) is the standard document. It must be signed by every represented party before the brokerage continues acting in the multiple-representation arrangement. Failing to obtain the written acknowledgment is a Code of Ethics breach that has resulted in many RECO discipline cases.

Frequently asked questions

Is multiple representation legal in Ontario?

Yes, multiple representation is legal in Ontario under TRESA, provided the brokerage obtains informed written acknowledgment from every represented party before continuing to act. Without that written acknowledgment, the arrangement is a Code of Ethics breach. RECO has disciplined many registrants for proceeding with multiple representation on verbal consent only.

What is "double ending" in real estate?

"Double ending" is the colloquial term for a single registrant representing both the buyer and the seller in the same transaction. It is one form of multiple representation. The registrant earns commission from both sides of the deal, which is why some buyers and sellers question whether their interests are fully represented. TRESA permits double ending only with full written disclosure and acknowledgment.

Can a realtor represent both the buyer and seller in Ontario?

Yes, a realtor can represent both buyer and seller in Ontario, but the arrangement triggers multiple representation rules. The realtor must disclose the conflict in writing as soon as it arises (typically when the offer is being prepared), obtain written acknowledgment from both parties, and operate under the narrowed duties — no disclosure of either party's negotiating limits to the other.

What is designated representation under TRESA?

Designated representation, introduced under TRESA Phase 2, allows a brokerage to designate one registrant to represent the buyer and a different registrant to represent the seller without putting the brokerage itself in multiple representation. Each designated registrant owes their assigned client the full set of fiduciary duties. It is the cleanest way to keep two registrants in the same brokerage on opposite sides of a transaction.

Practice this topic

ExamAce covers multiple-representation scenarios, the written-acknowledgment requirement, and the designated-representation alternative in the Course 1 question bank.