Toronto Star

Know your buyer’s options

- Joe Richer Joe Richer is registrar of the Real Estate Council of Ontario (RECO) and contributo­r for the Star. Follow him on Twitter: @RECOhelps

I’d like to buy a condo, and a real estate brokerage has given me the choice of signing with them as either a client or as a customer. Which should I choose?

Consumers sometimes use the terms “client” and “customer” interchang­eably, but there’s a big difference between the two, and I’m glad you’re asking questions. If you’re relatively inexperien­ced in buying and selling properties and you want some expert guidance and advice, I strongly recommend signing on as a client, and not as a customer.

Whether you sign a Buyer Representa­tion Agreement (which makes you a client) or a Customer Service Agreement, your salesperso­n and other employees of the brokerage are required to treat you with fairness, honesty and integrity, and provide you with conscienti­ous service.

The key distinctio­n between the two options is that as a client, the brokerage owes you a fiduciary duty. That means the brokerage must follow your lawful instructio­ns, promote and protect your best interests as a buyer during a real estate transactio­n, and refrain from sharing any informatio­n you don’t want them to disclose. Your sales- person or broker can help you prepare and negotiate an offer to seek the most advantageo­us terms on your behalf, refer you to other profession­als, including home inspectors, and assist you in performing due diligence on a property. For example, that could mean getting your real estate lawyer to look into whether or not there are any issues with a particular property as part of their services.

As a customer, the brokerage doesn’t owe you a fiduciary duty. Your salesperso­n may assist you with filling out the paperwork for your offer, but you will have to come up with your own negotiatio­n strategy to purchase the property, for instance. They have to be fair and honest, but they do not have an obligation to promote or protect your best interest.

If you’re relatively experience­d in buying and selling properties you might be comfortabl­e with accepting the customer option. However, you should be aware that it’s entirely possible the salesperso­n or broker who signed you as a customer may wish to show you a property that is owned by somebody they already have signed as a client.

Let’s say you’re interested in that property, and you want to make an offer. As a customer, you should expect that any informatio­n you share with your salesperso­n, such as the upper limits of your price range or your reasons for buying, will be shared with their seller client. In other words, your salesperso­n will help you, their customer, facilitate the purchase, but will be acting in the best interests of their client, the seller.

Make sure you read and understand any documents you receive from the brokerage. Think carefully about your needs, and discuss your options with your salesperso­n before you sign.

If you have a question for Joe about the home buying or selling process, please email askjoe@reco.on.ca.

 ?? DREAMSTIME ?? Signing as a client means the brokerage has to promote and protect your best interests. Not when you are a customer.
DREAMSTIME Signing as a client means the brokerage has to promote and protect your best interests. Not when you are a customer.
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