TRESA Resources & Guidance

Trust in Real Estate Services Act (TRESA)

As of December 1, 2023, the Trust in Real Estate Services Act (TRESA) replaced the Real Estate and Business Brokers Act (REBBA), making Ontario a North American leader in professional standards for real estate professionals. Work on the third and final phase of TRESA implementation is currently underway.

TRESA Phase 3

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Buying or selling one’s home deserves the expertise of a REALTOR® with the highest professional standards. OREA has developed extensive resources to assist Members with the transition to TRESA, including videos, practical guidance pieces, and updated OREA Forms.

Forms Knowledge Hub

Visit The Hub, a space where you can get answers to all your Standard Forms questions and learn how to implement TRESA changes into your day-to-day business. Browse the guidance pieces for information on hot new topics and get answers to frequently asked Forms questions. We’re always adding new information, so be sure to check back often.

TRESA Resource Center

The OREA team regularly updates resources to ensure REALTORS® have the tools they need to succeed. These resources help you understand how TRESA Phase 2 regulations impact your daily business.

Resources

These exclusive Member resources provide an overview of the updated OREA Forms that reflect TRESA Phase 2.

Resources

These exclusive Member resources provide an overview of the updated OREA Forms that reflect TRESA Phase 2.

All OREA Forms can be found on the Standard Forms webpage. For additional details about TRESA’s impact, visit The Hub.

Webinars

OREA webinars feature TRESA subject matter experts who provide comprehensive reviews of the legislation and practical guidance to help ensure success.

Webinars

OREA webinars feature TRESA subject matter experts who provide comprehensive reviews of the legislation and practical guidance to help ensure success.

The REALTOR® Is In

OREA Forms & TRESA Check In

| 58:29

View Webinar

For further insights into how TRESA impacts your business and how to adapt effectively, see our “TRESA in 2” video series.

TRESA PHASE 3

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TRESA PHASE 3

The Government of Ontario staggered TRESA implementation into three phases, withwork on the third and final phase of TRESA implementation is currently underway.

Although many of OREA’s key proposals were implemented during Phase 1 (October 2020) and Phase 2 (December 2023), there is still work to be done during Phase 3.

With Phase 3 on the horizon, OREA’s latest whitepaper, Continuing to Raise the Bar on Real Estate in Ontario, offers nine bold policy ideas building off our previous recommendations and aimed at improving consumer confidence with increased protections, raising the bar on REALTOR® education and professionalism, and deterring bad behaviour through stronger penalties.

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The Path to TRESA

The Path to TRESA

The Path to TRESA

OREA began lobbying the Ontario Government in 2009 with the goal of modernizing legislation for the real estate profession. In 2020, TRESA was established to provide enhanced protection and offer more consumer choice, with Phase 1 regulations implemented in October.

On December 1, 2023, TRESA officially replaced REBBA, and the Government of Ontario implemented Phase 2 regulations. Work on the third and final phase is underway.

For more details on how we got here, visit The Path to TRESA page.

Multiple & Designated Representation

Q1. How have my requirements changed when multiple representation might occur?

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Q2. What is designated representation?

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Q3. Why did OREA advocate for designated representation?

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Q4. Why is designated representation good for REALTORS® and consumers?

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Q5. Under designated representation, can I refer a buyer on my listing to someone within my brokerage to be their designated agent and collect a referral fee?

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Self-represented Party

Q1. Why is it better for consumers that there is a new term “self-represented party”, and the term “customer” was eliminated?

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Q2. How is an SRP different from a customer?

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Q3. If there is no representation agreement with an SRP, are they required to fill out anything at all?

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Q4. Can an SRP become a client?

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Q5. Is there a list of activities that are allowed to be provided as “assistance” to an SRP?

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Q6. Do the self-represented party documents need to be acknowledged or signed before a member is allowed to provide assistance to the self-represented party?

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Q7. Do all consumers who attend an open house have to decide to be an SRP or a client and be given the Information Guide?

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Q8. What if a buyer calls for information on my listing?

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Q9. Are we allowed to prepare an Agreement of Purchase and Sale for an SRP?

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Q10. Could a registrant receive remuneration for providing assistance to a self-represented party?

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Q11. Can we continue to send new listings in real time to buyers i.e., a drip campaign?

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Competing Offers

Q1. Do I need to obtain written directions from the seller to disclose the contents of competing offers?

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Q2. Can a buyer withdraw their offer if the seller chooses to share the contents of offers after their offer has been submitted?

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Q3. Does the seller have to give advance notice that they will be sharing the contents of offers?

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Q4. Does a Listing Agent need a written seller’s direction to move from a blind bidding process to sharing the contents of competing offers?

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Q5. Do buyers have to consent in advance to a seller sharing the substance of offers?

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Q6. When in a competing offer scenario, does the listing agent have to provide the details of what is being shared (i.e. price or terms) to the co-operating agents in writing?

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Q7. How can a co-operating agent be assured the information provided by the listing brokerage during a competing offer situation is accurate (i.e., highest price or offer with no conditions)?

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Written Agreements and Disclosures

Q1. How has TRESA changed the requirements for a written representation agreement?

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Q2. What are the new rules surrounding disclosures?

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Q3. What are common examples of disclosures?

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Q4. Is a text message or email sufficient for disclosures?

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Q5. At what point do disclosures have to be made?

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Consumer Information Guide

Q1. What is the Information Guide and when do I have to provide it?

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Q2. Where does the information guide come from, and does it have to be acknowledged?

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Code of Ethics

Q1. How has the Code of Ethics changed?

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RECO Discipline Process

Q1. How has RECO’s discipline process changed?

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Q2. Why did the legislation give the regulator additional powers?

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Standard Forms

Q1. If my buyer does not want the contents of their offer shared, is there a clause I can use to prevent this?

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Q2. As a listing brokerage, can I provide a copy of OREA Form 100 – Agreement of Purchase and Sale to a buyer who is self-represented so they can draft an offer?

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Q3. When listing the services to be provided under a representation agreement, does OREA’s Forms include any?

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Q4. If there is more than one designated representative on a listing agreement, are both required to sign?

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Q5. Is Form 209 – Seller’s Direction to Share Substance of Offers to be provided to co-operating brokerages once it is completed?

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Q6. Do the new Forms for acknowledgement and consent disclosure for multiple representation replace the Confirmation of Co-operation and Representation?

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TRESA - Other

Q1. Did the auctioneer exemption change on December 1, 2023?

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Q2. Why is TRESA important?

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Q3. What changes have already occurred during TRESA implementation?

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Q4. When will the next phase of regulatory development start and what will be included?

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Q5. Can I now call myself a REALTOR® or real estate agent instead of a salesperson or broker?

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Reach Out

TRESA Questions?

OREA's REALTOR® in Residence Ray Ferris has answers! Whether you need clarification around the new offer process options, or have a question about how designated representation will work at your Brokerage, OREA has your back.

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