Can a Buyer and Seller Use the Same Realtor in Ontario? What You Must Know Before Agreeing

 

In Ontario real estate, it is legally possible for a buyer and a seller to use the same realtor — a practice formally known as multiple representation — but it comes with strict disclosure obligations, meaningful conflicts of interest, and significant risks that both parties must fully understand before proceeding. As of 2026, the rules governing multiple representation in Ontario have become more protective of consumers, making it essential to know exactly what you are agreeing to before signing anything.

Whether you are a buyer who has fallen in love with a listing held by the seller’s agent, or a seller whose agent has introduced a buyer client, this guide breaks down everything you need to know about multiple representation in Ontario — including your rights, the broker’s obligations, and when it may be wiser to seek independent representation.

What Is Multiple Representation in Ontario Real Estate?

Multiple representation — also historically called dual agency — occurs when a single real estate brokerage, and in many cases a single agent, represents both the buyer and the seller in the same transaction. Under Ontario’s Trust in Real Estate Services Act (TRESA), which replaced the Real Estate and Business Brokers Act (REBBA 2002), the rules around multiple representation have been significantly updated to strengthen consumer protections.

There are two distinct scenarios that qualify as multiple representation in Ontario:

• Same-agent multiple representation: One individual salesperson or broker represents both the buyer and the seller on the same property deal.
• Same-brokerage multiple representation: Two different salespeople within the same brokerage represent the buyer and the seller respectively, even if they rarely interact directly.

Both situations require specific written disclosures to all clients involved, and both create potential conflicts of interest that consumers should take seriously before agreeing to proceed.

Is Multiple Representation Legal in Ontario?

As of 2026, multiple representation is still permitted in Ontario but is tightly regulated. Under TRESA, a brokerage or registrant cannot enter into a multiple representation situation without first providing written disclosure to all affected clients and obtaining their informed, written consent. If a client does not consent, the registrant cannot represent both parties — full stop.

The disclosure must clearly explain:

• What multiple representation means and how it applies to the specific transaction
• The potential consequences and conflicts of interest that may arise
• What information the registrant can and cannot share with each party
• Each party’s right to seek independent legal and professional advice

This is not a formality to rush through. The written disclosure exists specifically to protect buyers and sellers from unknowingly sacrificing the full fiduciary duty they would otherwise receive from their own dedicated agent.

What Are the Real Risks of Using the Same Realtor as the Buyer and Seller?

The core problem with multiple representation is straightforward: a single agent cannot fully advocate for two parties whose interests are fundamentally opposed. The seller wants the highest price; the buyer wants the lowest. The seller wants fewer conditions; the buyer benefits from more. When one agent serves both sides, someone’s interests will inevitably receive less vigorous representation.

Here are the most significant risks for each party:

Risks for Buyers

A buyer’s agent in a standard transaction has a duty to disclose all material facts about a property that could affect the buyer’s decision or the price they are willing to pay — including known defects, the seller’s motivation to sell, or how long the property has been on the market. In a multiple representation scenario, the agent cannot disclose confidential information about the seller to the buyer. That means the buyer may not receive the same depth of market intelligence or negotiation strategy they would otherwise receive from their own independent agent.

Risks for Sellers

Equally, the seller loses the assurance that their agent is working exclusively to maximize the sale price and terms. The agent cannot disclose to the seller that the buyer has greater purchasing power than their offer suggests, or that the buyer is prepared to pay more if needed. Both parties are essentially navigating the transaction with one hand tied behind their back.

Reduced Negotiating Power for Both Parties

Negotiations in real estate involve strategy, timing, and information. When both parties share an agent, the free flow of tactical information stops. This creates a more passive transaction where the agent is reduced to a facilitator rather than an advocate — which may not serve the interests of either the buyer or the seller as effectively as independent representation would.

If you have questions about how to protect yourself in any transaction type, explore the RealtyMan blog for in-depth guides on buyer and seller strategies across the Ontario market.

What Must a Realtor Disclose Under TRESA?

Under TRESA, which has been phasing in new requirements since 2023, registrants in Ontario are held to enhanced disclosure standards. In a multiple representation situation, a brokerage must disclose the conflict in writing at the earliest opportunity — ideally before any negotiations begin, and certainly before any offers are submitted.

The disclosure document must include a plain-language explanation of how the agent’s obligations change once multiple representation applies. Specifically, the agent can no longer:

• Disclose either party’s confidential information to the other
• Provide tailored negotiating strategy to either party
• Advocate exclusively for one party’s interests over the other

What the agent can still do is facilitate the transaction, provide factual information about the property and the market, and ensure that all paperwork is handled accurately. Think of the role shifting from advocate to neutral coordinator.

Fardad Farhanian, Broker at RE/MAX REALTRON REALTY INC., Brokerage, with over 25 years of experience and $750M+ in completed transactions across the Greater Toronto Area, always ensures that clients fully understand their rights before any representation agreement is signed. To learn more about working with Fardad, visit his professional profile at RealtyMan.

Should You Agree to Multiple Representation?

Whether you should agree to multiple representation depends on the specifics of your situation. There are scenarios where it may be less problematic — for example, if both parties are sophisticated real estate investors who fully understand the process, the property details are transparent, and the transaction terms are relatively straightforward. However, for most buyers and sellers in Ontario, particularly first-time buyers or those transacting in competitive markets like Thornhill, Richmond Hill, Markham, or North York, independent representation is nearly always the stronger choice.

Before agreeing to a multiple representation scenario, consider asking yourself:

• Am I comfortable knowing my agent cannot advise me on negotiating strategy?
• Do I have enough independent knowledge of the market to make an informed offer or counteroffer?
• Have I consulted a real estate lawyer about the implications? (Consulting a real estate lawyer before agreeing to any representation arrangement is always recommended.)
• Is there another qualified agent available who could represent me exclusively?

Browse available residential listings across Canada and consider whether having a dedicated agent negotiating solely on your behalf would serve your goals better in competitive markets.

How Multiple Representation Differs Across Property Types

The risks and dynamics of multiple representation can vary depending on what type of property is being transacted. In a straightforward resale condo transaction, the information asymmetry may be less pronounced. But in more complex dealings — such as commercial properties, pre-construction assignments, industrial real estate, or luxury homes — the stakes of not having a fully dedicated advocate rise considerably.

For commercial and industrial property transactions, in particular, the financial complexity, lease structures, zoning considerations, and due diligence requirements mean that both buyers and sellers typically benefit far more from independent, expert representation than from a shared agent arrangement.

Frequently Asked Questions: Multiple Representation in Ontario

Can I refuse multiple representation in Ontario?

Yes. Under TRESA, you have the absolute right to refuse multiple representation. If you do not consent, the agent must either withdraw from representing one of the parties or refer one party to another registrant. Your written consent is legally required before multiple representation can proceed — no agent can force or pressure you into agreeing.

Does the same disclosure rule apply if two agents from the same brokerage represent the buyer and seller?

Yes. Even when two separate salespeople within the same brokerage represent opposing parties, it is still considered multiple representation under Ontario law. The brokerage must disclose this to both clients and obtain informed written consent. The individual agents may be able to act more freely on behalf of their respective clients in this scenario, but the brokerage-level conflict of interest must still be disclosed and consented to in writing.

What happens to my confidential information if I agree to multiple representation?

Once you agree to multiple representation, your agent is prohibited from disclosing your confidential information — such as your budget ceiling, your motivation to buy or sell quickly, or your bottom line — to the other party. The agent becomes a neutral facilitator. However, this also means you lose the benefit of having your agent use that information strategically on your behalf during negotiations.

Are there alternatives to multiple representation if I want to work with a specific brokerage?

Yes. One practical option is to ask whether a different salesperson within the same brokerage can represent you, with clear information barriers established between the two agents. Another option is to seek independent representation from a different brokerage entirely. Consulting a real estate lawyer to review any representation agreement before signing is always a sound step regardless of the arrangement chosen.

Does multiple representation affect the commission structure?

It can. In a traditional transaction, the listing brokerage shares commission with the cooperating buyer’s brokerage. When the same brokerage (or agent) represents both sides, the brokerage may retain a greater portion of the total commission. This is an additional factor worth discussing openly and transparently before agreeing to any multiple representation arrangement.

Work With a Trusted Ontario Real Estate Broker

Fardad Farhanian is a licensed real estate broker with RE/MAX REALTRON REALTY INC., Brokerage, serving clients across the Greater Toronto Area and nationally with 25+ years of experience and $750M+ in successful real estate transactions. Whether you are buying your first home, selling a luxury property, or navigating a complex investment deal, Fardad and his team are committed to providing transparent, ethical, and fully informed representation at every step.

Fardad’s office is located at 7646 Yonge Street, Thornhill, ON L4J 1V9 (by appointment). You can reach him directly at +1 416-707-1031 or by email at info@realtyman.ca. To explore available listings or learn more about the services offered, visit the RealtyMan homepage or contact Fardad directly to schedule a consultation.

Understanding your rights — including the right to independent, dedicated representation — is one of the most important steps any buyer or seller can take before entering the Ontario real estate market. Make sure you have a broker who puts your interests first, every time.