How TRESA's mandatory designated representation changes your offer

If you've bought a home in Ontario before December 1, 2023, you remember the awkward dance: the same brokerage represented you AND the seller, and the regulator's answer was a stack of disclosures everyone signed and ignored. TRESA — the Trust in Real Estate Services Act — ended that. The reforms that came into force are now baked into how every Ontario brokerage works, and they meaningfully change what happens when you submit an offer in 2026.

This post is the plain-English version. It is not legal advice — talk to your realtor and lawyer about your specific situation.

What changed

Under the old REBBA (the law TRESA replaced), a single brokerage could represent the buyer and the seller in the same transaction by default. This was called "multiple representation," and it created a structural conflict: the same agent (or different agents at the same brokerage) was supposed to advocate for both parties at once.

TRESA replaced that with a system called designated representation:

• Your individual realtor represents you — not the brokerage.
• If the seller's realtor works at the same brokerage as yours, both parties still get personal representation from their individual agent, not the brokerage as a whole.
• "Multiple representation" by default is gone. To opt back in (which almost no one does), both parties must explicitly consent in writing, and the brokerage must explain what each side gives up.

In practice: your realtor owes you full fiduciary duty, even if their colleague has the listing.

What this means at offer time

A few things that look different on a 2026 offer compared to 2018:

1. Your realtor cannot share confidential info with the listing agent, even if they sit at the next desk. They can negotiate; they cannot collude.
2. You'll get a "Ontario Real Estate Information Guide" before any agency relationship is formalised. It's plain-language and you should actually read it.
3. The Form 200 / Form 100 Agreement of Purchase and Sale documents now reference the new representation model. The signature blocks haven't changed much, but the language inside has.
4. Self-represented parties exist as a category. If a counter-party is unrepresented (FSBO seller, for example), your realtor cannot "represent both sides." They simply represent you.

Why FINTRAC still applies

A common question we get: "If I'm represented by a designated realtor, is FINTRAC the realtor's responsibility or the brokerage's?"

The answer is: both, and ultimately the brokerage carries the FINTRAC obligation. Your realtor will collect ID and ask about source of funds. The brokerage files the FINTRAC forms (Receipt of Funds, Suspicious Transaction Reports, Large Cash Transaction Records) when thresholds trigger. EstatePulse drafts these forms automatically when a transaction passes the relevant thresholds — your broker still reviews and submits.

What to ask your realtor

Three questions worth asking before you sign a Buyer Representation Agreement:

• Are you my designated representative, or is the whole brokerage? (Almost always: just you, your realtor.)
• What happens if I find a property listed by your colleague? (Both sides keep personal representation; your realtor cannot share confidential info.)
• Can I see the brokerage's TRESA-compliance summary? Most have one.

The bigger picture

TRESA was not a paperwork rewrite. It was a structural fix to a conflict the industry had been papering over for thirty years. If you're a buyer in 2026, the practical upshot is that the realtor whose name is on your contract is meaningfully — legally — on your side, even when the listing is across the hallway.

That changes how confidently you can lean on them at offer time. Lean.

EstatePulse is not a law firm. We help you find a realtor and a lawyer; we do not replace them. For legal advice on TRESA, agency law, or your specific transaction, consult an Ontario real-estate lawyer.