Yes, the same information is to be shared will all competing parties.

Form 209 is valid for the duration of the irrevocable. In other words, it is only good for the duration of the offer process on the date it is signed. If for example, a Seller engaging in open offers receives 2 offers on a Monday and doesn’t accept either, that information isn’t to be shared with any new offers that arrive after that date.

Yes, provided this is explicitly spelt out on Form 209 - Seller Direction to Share Substance of Offers.

This depends on the scope of work you are asking them to look after in your absence. If it is simply conducting a few showings here and there, they can do that as a service of the brokerage. If, however, they will be taking over representation of the client, submitting and negotiating offers, etc., then yes, you would need to amend your representation agreement to include their name. Note that in the amendment you can put a time limit on their involvement as a designated agent for your client and that any confidential information they garnered during that time must remain protected.

Yes, provided this is explicitly spelt out on Form 209 - Seller Direction to Share Substance of Offers.

Yes. Hosting open houses is considered to be a service and under designated representation, services continue to be provided by the brokerage, not necessarily the designated agent.

Yes, you can still provide CMA’s. RECO has stated that “a prospective client is not a self-represented party.” So while it is true that we cannot offer advice to SRPs, prospective clients are just that - prospective - and as they are not yet involved in the trade of real estate, they would not be considered a client or SRP and can be provided this information.

Yes. Conducting showings is a service and under designated representation, services continue to be provided by the brokerage, not necessarily the designated agent. This changes the moment a Buyer is interested in a property you have shown them. At that point, preparing an offer, negotiating, etc. can only be done by the agent designated as such on the BRA.

Yes, we are required to FINTRAC parties to a transaction. If they are not represented by another agent or brokerage, the duty to FINTRAC an SRP falls to us.

Yes. The Seller Direction overrides the constraints of multiple representation in this situation. This must be clearly spelt out in form 209 and the Seller must be fully aware that by directing you in this way, you will be sharing something you may not otherwise be able to share. It may be advisable to refer this Buyer to a colleague if you know in advance that the Seller wants to share the substance of offers.

Yes, sending listings to a Buyer in real time is permitted. The Ministry has confirmed that we can interact with any consumer it is only providing general information.

There is no set list of permissible activities. However, the rule of thumb to determine whether you are providing assistance comes down to if you are using your own judgement or skill as a REALTOR®. Some examples of assistance allowed include providing general real estate market info, a list of home inspectors, list of lenders, and list of homes sold in the city. Examples of non-permissible activities include: preparing a Comparative Market Analysis (CMA), drafting an Agreement of Purchase and Sale, providing advice about what to offer or what to accept, and showing another brokerage’s listing to an SRP buyer.

The change is intended to simplify and help the public understand their choices for engaging or interacting with a registrant, as well as the different obligations registrants have under the different forms of engagement or interaction. The introduction of the term SRP clearly establishes that a consumer is either represented or not.

When representing a client, assistance can be provided to an SRP as a service to, or incidental to the service to your client, but it must not encourage or cause the SRP to rely on your “skill, knowledge or judgment”. For example, REBBA permitted a registrant to show another brokerage’s listing to a customer. This is no longer allowed under TRESA because another brokerage’s Seller is not a service to your client.

Yes. There is nothing in TRESA or the implementation regulations that would preclude an SRP from becoming a client. This is always the decision of the consumer (to be represented or not) and in fact, the RECO Information Guide and SRP Acknowledgement both contain a section stating that they can change their mind and become a client.