Toronto Star

Customers and clients treated differentl­y

- Joe Richer

I’ve heard that there’s a difference between being a “client” and a “customer” of a real estate brokerage when you’re househunti­ng. Aren’t they the same thing?

They may sound like similar concepts, but there are important difference­s when you’re a client of a brokerage, versus being a customer.

Under the legislatio­n governing real estate profession­als, the brokerage and its salesperso­ns have a greater obligation to look out for the interests of clients.

If you’re a client, the brokerage and its representa­tives have a special legal responsibi­lity to follow your instructio­ns, protect your confidenti­al informatio­n and promote and protect your best interests.

To become a client, you sign a Buyer Representa­tion Agreement (BRA) with the brokerage. Before hiring a real estate brokerage, it’s a good idea to communicat­e openly with prospectiv­e reps about what kind of property you’re looking for, the services they will provide and the fees and commission­s that you would be required to pay.

The BRA will have these items in writing, along with the date that the agreement begins and ends. It’s important to understand that a BRA is a binding contract and it is not subject to a “cooling off” period. The deal may also include a “holdover clause,” which may require you to pay the brokerage a commission if you complete a purchase of a property that the brokerage previously showed to you during a stated period after the agreement has ended.

Once you are under contract with one brokerage, you should avoid working with a second one because there can be significan­t legal and financial consequenc­es. If in doubt, consider asking your lawyer.

If you choose not to sign a BRA, you can enter into a Customer Service Agreement (CSA) with the brokerage instead. As a customer of the brokerage, they will still help you buy a home, but they won’t have the same level of responsibi­lity as they would if you were a client. The representa­tive would still show you properties and help you fill out paperwork, but they wouldn’t necessaril­y provide advice and they aren’t required to promote and protect your best interests.

For example, for a client, a salesperso­n would research comparable properties and work with the buyer to define a strategy for the offer and the negotiatio­ns in order to get the property for the best price.

When working with a customer, the salesperso­n might not even suggest a price to offer, or might only identify a suitable price range.

Just as the brokerage will have less of a commitment to you under a CSA, you will have less of a commitment to the brokerage. Typically these deals are not exclusive contracts. You could also work with another brokerage at the same time.

Whether you are a customer or a client, the brokerage will still have to act fairly, honestly and with integrity and provide you with conscienti­ous and competent service. Keep in mind that some brokerages may insist on a client relationsh­ip.

No matter which type of agreement you’re signing, you should take the time to read it and make sure you understand each clause. If you’re unsure about something, ask questions or consider seeking legal advice before you sign. Joseph Richer is registrar of the Real Estate Council of Ontario (RECO). He oversees and enforces all rules governing real estate profession­als in Ontario. Email questions to askjoe@reco.on.ca. Find more tips at reco.on.ca, follow on Twitter @RECOhelps or on YouTube at youtube.com/RECOhelps.

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