In short
In Ontario, a brokerage needs one in writing before you make an offer through them.
The length, the area it covers and the type of property are all negotiable.
How it works in Ontario
Under the Trust in Real Estate Services Act, 2002 (TRESA), in force since December 1, 2023, a brokerage that helps a buyer does so as that buyer's representative. The old option of being a brokerage's 'customer' is gone.
An agreement can begin informally, but the brokerage must put it in writing, sign it and give it to you for signature before you make an offer. You should also get RECO's Information Guide before any services begin.
The contract is with the brokerage, not just the individual agent. Even a limited job, like having an agent write one offer on one house, is representation and needs an agreement. The brokerage must give you a copy of any written agreement right away.
What the agreement has to spell out
The type of representation: the whole brokerage, or named designated representatives. A brokerage can't swap your designated representative without your agreement.
The scope: a specific property, an area, a property type, or a mix. Clear scope matters if you sign with more than one brokerage, for example one for a house in Ottawa and another for a cottage.
The services, since there's no standard set. The fee, which can be a flat amount, a percentage or both, but can't be based on the gap between list price and sale price.
How your fee changes if a seller covers some of it, or if you agree to multiple representation. The expiry date must appear prominently on the first page.
Holdover clauses and ending the agreement
Most agreements include a holdover clause. If the brokerage showed you a home and you buy it shortly after the agreement expires, you could still owe the fee. There's no minimum or standard holdover length, so agree to it before signing.
The agreement should list every way it can end and any costs that apply. Length is negotiable too: it can cover a day, a few weeks or months.
Common questions about buyer representation agreement
Do I have to sign a buyer representation agreement in Ontario?
Only if you want a brokerage to represent you. Ontario rules require the brokerage to put your agreement in writing and have it signed before you make an offer through them. If you don't want an agreement, you can buy as a self-represented party, but the seller's agent can't advise you.
How long does a buyer representation agreement last?
As long as you and the brokerage agree; there's no standard term in Ontario. It can cover a single day, a single property, a few weeks or several months. The expiry date must appear prominently on the first page, and any holdover clause can extend what you owe past that date.
Can I cancel a buyer representation agreement?
It depends on the termination terms you signed. RECO says the agreement should list every circumstance in which it can end and any penalties or costs. If you're unhappy, talk to the brokerage first, and get legal advice if you can't agree on a way out.
What is a holdover clause in a buyer agreement?
It's a clause that can make you owe the brokerage's fee for a home you buy after the agreement ends. It usually applies to homes the brokerage introduced you to, for a set period after expiry. Ontario sets no minimum or standard length, so negotiate it before you sign.
Sources
General information for Ontario, updated October 2026. Not legal, tax or mortgage advice. Rules change, so confirm with your lawyer, lender or the source above before you rely on it.