Since June 8, 2022, double representation has been prohibited in Québec. The same broker generally cannot represent both the seller and the buyer of a property.
What does being represented change?
By signing an Exclusive brokerage contract: Purchase, you formally retain your broker to protect your interests. The contract specifies your needs and criteria, the term of the mandate, the services provided and the broker’s compensation.
Your broker can advise you based on your situation, search for listed or off-market properties, carry out customary verifications, help establish the terms of your promise to purchase, negotiate and present it on your behalf.
If the seller is not represented, your broker remains your representative and performs the appropriate verifications for that situation.
What if you do not sign a buyer brokerage contract?
The seller’s broker works for the seller and must protect the seller’s interests. That broker cannot also defend yours. However, the broker must provide you with fair treatment by objectively informing you of facts relevant to the transaction and of the parties’ rights and obligations.
Fair treatment provides objective information, but it is not the same as receiving advice, strategy and negotiation from a broker who represents you.
How does compensation work?
The amount or method used to calculate compensation, together with its conditions, is stated in the buyer brokerage contract.
- When the seller is represented, the seller’s broker normally offers a share of compensation to the buyer’s broker. This reduces any amount the buyer may owe under their own contract.
- If that share covers the full compensation stated in the buyer brokerage contract, the buyer generally pays nothing directly.
- If the share is insufficient, the buyer may have to pay the difference. Depending on the transaction structure and financing conditions, that amount may sometimes be included in the offered price and paid through the notary.
- If the seller is not represented, the full compensation stated in the contract may be payable by the buyer, either directly or, when the transaction allows it, through the purchase price.
These arrangements should be explained before signing so you understand exactly what applies to your situation.
General information verified in August 2026. Every transaction is different; the signed contract remains the reference. Sources: OACIQ: Exclusive brokerage contract: Purchase and the Real Estate Brokerage Act.
A question about buyer representation?
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