Quickstart cheatsheet, 6 min read
REBBA vs TRESA: Side-by-Side Quickstart
If your study materials still say REBBA on the cover, this is the page you need before sitting the Humber exam. Below is every change that matters between the old REBBA framework and the current TRESA regime, in one scannable table — so you can pick out the deltas and patch your prep without rereading 600 pages of textbook.
TRESA fully replaced REBBA on December 1, 2023. Any practice question referencing "REBBA" without the TRESA updates is stale — substitute TRESA in the question stem and apply the rules from the table below.
Side-by-side: REBBA → TRESA
| Topic | REBBA (pre-2023) | TRESA (current) |
|---|---|---|
| Statute name | Real Estate and Business Brokers Act, 2002 (REBBA 2002) | Trust in Real Estate Services Act, 2002 (TRESA), as amended 2020 and 2023 |
| In force | Until April 1, 2023 (Phase 1) and December 1, 2023 (Phase 2) | Phase 1 in force April 1, 2023; Phase 2 in force December 1, 2023; current law |
| Brokerage representation model | Multiple representation: brokerage represented both buyer and seller and owed both fiduciary duties | Designated representation (opt-in): two registrants in the same brokerage each represent one party with full fiduciary duty; brokerage coordinates only |
| Buyer representation | Verbal agreements common; written Buyer Representation Agreement (BRA) only sometimes used | Written BRA is mandatory before a registrant shows properties or makes offers on a buyer’s behalf |
| Customer status | Loosely defined; little written distinction from client | Written Customer Service Agreement required before significant services are provided |
| Consumer information document | No standardized RECO guide; brokerages used their own materials | RECO Information Guide is mandatory; must be reviewed verbatim before any agreement is signed |
| Code of Ethics | Older Code, more general "act fairly" standards, lighter enforcement | 2023 Code: prescriptive duties, mandatory conflict disclosure, no opinions outside competence, sharper RECO enforcement |
| Self-represented parties | Few explicit rules | Explicit framework: registrants must clarify in writing that the unrepresented party is not their client |
| Disclosure of third-party compensation | Implicit duty; uneven practice | Explicit duty: any referral fee, kickback, or third-party benefit must be disclosed in writing |
| Opinions outside competence | Implicit professional duty | Explicit prohibition: cannot give legal, tax, structural, or other expert opinions outside the registrant’s licensed competence |
| PRECs (Personal Real Estate Corporations) | Permitted since October 2020 by amendment | Continues unchanged under TRESA |
| Penalties for misconduct | Lower fine ceilings; less frequent discipline orders | Higher fine ceilings (up to $50,000 individual / $250,000 brokerage); roughly 2x discipline volume since Phase 2 |
Common pitfalls when studying with older materials
These are the trap patterns we see most often when students switch from REBBA-era textbooks or older question banks to the current TRESA exam:
| If your old materials say... | On the modern exam, the answer is... |
|---|---|
| Studying from a pre-2023 textbook that calls the law "REBBA" | Substitute TRESA wherever the textbook says REBBA; the underlying agency and ethics rules carry over with the additions in the table above |
| Relying on multiple-representation scenarios as the default | Default brokerage model on the modern exam is designated representation; multiple representation is the alternate path with stricter disclosure |
| Treating the Buyer Representation Agreement as optional | Under TRESA the BRA is mandatory before showings; "we hadn’t signed yet" answers are wrong on the exam |
| Forgetting to mention the RECO Information Guide in scenario answers | Whenever a scenario asks "what should the registrant do first?" the RECO Information Guide review almost always precedes signing the agreement |
| Using older Code-of-Ethics language ("act fairly") | The 2023 Code requires registrants to "promote and protect the client’s best interests" — stronger duty, different keyword on the exam |
| Answering questions about "salesperson" duties without TRESA conflict-disclosure rules | Mandatory written conflict disclosure and informed consent before proceeding is now the default; any unstated conflict is a Code breach |
What did NOT change
For all the headline changes, several core areas of Ontario real estate law and practice carry over from REBBA to TRESA without modification:
- The 5% conventional commission rate (still negotiable, still typically split 2.5% / 2.5%)
- HST at 13% on commission in Ontario
- Brokerage trust account requirements and audit rules
- RECO insurance and registration fees
- The Humber Polytechnic pre-registration program structure (Courses 1-5 + Simulation Sessions)
- Salesperson vs broker registration tiers (broker still requires the broker stream after two years)
- Personal Real Estate Corporations (PRECs) — allowed since October 2020, unchanged under TRESA
- Underlying agency, contract, mortgage finance, and property law fundamentals
If your old textbook covers any of the above, that content is still exam-current — keep using it.
Patch your prep with TRESA-current questions
ExamAce includes 200+ TRESA-aligned scenario questions across Courses 1-3 and both Simulation Sessions, all rewritten for 2026 Phase 2 enforcement. AI tutor explains why each answer applies the right rule in each fact pattern.
See TRESA-aligned prepFAQs
Is REBBA still in effect in Ontario?
No. REBBA 2002 was fully replaced by TRESA in two phases: Phase 1 took effect April 1, 2023, and Phase 2 took effect December 1, 2023. Since December 1, 2023, TRESA is the only active statute governing Ontario real estate registration and registrant conduct. References to "REBBA" in older textbooks, online courses, or practice questions should be read as TRESA.
Are my pre-2023 study materials still useful?
Mostly yes — the underlying agency, contract, and finance fundamentals carry over. What changes is the regulatory layer: the statute name (TRESA, not REBBA), the brokerage model (designated representation), the mandatory written agreement, the RECO Information Guide, and the 2023 Code of Ethics with its prescriptive duties. About 15-20% of the exam content was rewritten when Phase 2 came into force; the remaining 80% is the same. Use older materials for the foundations and supplement with current TRESA-aligned questions for the changed pieces.
What is the most common TRESA-related question on the Humber exam?
Scenario-based questions where you must identify which TRESA Phase 2 disclosure or document applies in a fact pattern. Common templates: "Registrant Smith is about to show properties to buyer Jones — what must happen first?" (answer: review the RECO Information Guide and sign a written BRA). "Brokerage A represents both seller and buyer — under what model?" (answer: designated representation if opted in; otherwise multiple representation with limited duties). The question is rarely "define TRESA" — it tests application.
Does TRESA change how commission works?
No. The 5% conventional commission rate, HST treatment (13% in Ontario on commission), trust account requirements, and the typical 2.5%/2.5% buyer-side/listing-side split all carry over from REBBA. What TRESA changed is disclosure of commission: the BRA must specify what happens if the listing brokerage offers less than the agreed buyer-side rate (top-up by buyer, or rate reduction). Commission negotiability must also be explicitly disclosed via the RECO Information Guide.
What is multiple representation under TRESA vs REBBA?
Under REBBA, multiple representation was the default when one brokerage represented both buyer and seller — the brokerage owed fiduciary duties to both parties simultaneously, which was structurally impossible to fulfill. Under TRESA, designated representation is the alternative: each registrant represents one party with full fiduciary duty while the brokerage coordinates. Multiple representation still exists under TRESA but with much stricter written disclosure and limited representation duties; it requires explicit written consent from both parties before any work begins.
How long does it take to relearn the changed material?
Realistically 4-8 hours of focused study to absorb the four big Phase 2 changes (designated representation, mandatory written agreements, RECO Information Guide, 2023 Code) plus another 4-6 hours of TRESA-specific scenario practice. ExamAce includes 200+ TRESA-aligned scenario questions across Courses 1-3 and both Simulation Sessions, all updated for 2026 Phase 2 enforcement.
Related on ExamAce
- TRESA Phase 2 — full deep-dive on the four big changes
- TRESA Explained — plain-English guide
- TRESA — full glossary entry
- REBBA — what the old statute covered
- RECO — the regulator enforcing TRESA
- Humber courses with TRESA-aligned practice questions