
Since June 10, 2022, revolutionary legislation on real estate brokerage has come into force, radically transforming the way brokers engage with their client's buying process. This new law expressly prohibits real estate brokers from representing both buyer and seller in the same transaction, considered a clear conflict of interest.
The dual representation of real estate brokers creates a disadvantage for buyers.

Dual representation: what the law says in Quebec
When you embark on the process of buying a property, you may find yourself communicating directly with the real estate broker representing the seller. But can he or she also represent you as the buyer in the same transaction? This article explores this important topic, based on the provisions of Quebec's Real Estate Brokerage Act.

Buy and sell are not synonyms
The fundamental reason behind this prohibition is the need to avoid potential conflicts of interest. A real estate broker would find himself in a delicate situation if he had to represent both the seller and the buyer in the same transaction, as he would be faced with divergent needs and interests. Consequently, the law clearly stipulates that a broker cannot simultaneously serve two parties with conflicting interests.
When a buyer expresses interest in a property and contacts the seller’s broker, the latter must immediately inform the buyer of his right to a separate brokerage contract with a broker who will represent his personal interests, as verbal contracts are no longer valid.
It is essential that the buyer understands that he can benefit from exclusive representation, focused on protecting his specific interests in the transaction. The broker is the only professional who can provide this information and guide the buyer through the process.


What role does the seller's broker play when the buyer has no representative?
When a buyer decides not to hire his own broker, the broker representing the seller must offer fair treatment. This implies an objective and transparent attitude towards all potential buyers, whether or not they have their own broker, without claiming objectivity between seller and buyer.
The broker must disclose all relevant information concerning the property and details of the transaction, while refraining from revealing confidential or strategic data belonging to the seller. The obligations of the seller’s broker in the context of fair treatment include:
Organize property viewing without providing advice, as this can only be provided with a purchase brokerage contract.
Make available a blank promise to purchase form and its appendices, but refrain from advising on how to fill it in..
Suggest the inclusion of financing and inspection clauses in the promise to purchase, without providing advice.
Disclose all essential information related to the transaction, including information that is several years old.
Verify buyer's identity.
Without providing comparable ownership documentation to help the buyer establish a price to offer.
Don't you think it's now essential to have your own real estate broker before proceeding with a purchase?
Find the property that best suits your needs with the advice of your own real estate broker.
Reference:Latest amendments to the REBA
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