TRESA Resources & Guidance

Trust in Real Estate Services Act (TRESA)

TRESA is replacing the Real Estate and Business Brokers Act (REBBA) and Phase 2 of the new regulations are effective as of December 1, 2023. Find information on how REALTORS® and brokerages will incorporate these changes in the “TRESA in 2” Videos.

“TRESA in 2” Videos TRESA FAQs Forms Resources

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Buying or selling one’s home deserves the expertise of a REALTOR® with the highest professional standards. TRESA replaces REBBA, and makes Ontario a North American leader in professional standards for real estate professionals. Learn more about The Path to TRESA.

What's the Latest on TRESA?

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What's the Latest on TRESA?

REALTORS® across Ontario enter a new era of professionalism with the Trust in Real Estate Services Act (TRESA) Phase 2 regulations. Join REALTOR® and TRESA expert Ray Ferris to learn more about what these changes mean for Ontario REALTORS® and your business.

The REALTOR® Is In - Ray Ferris Q&A Webinar Registration and Recordings

Watch the Nov. 30 Member guidance webinar

The following resources explain how to implement the changes:

TRESA and Standard Forms

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TRESA and Standard Forms

The TRESA changes are effective as of December 1, 2023, and Members can view the 2024 Forms. The Standard Forms team has developed educational guidance, such as recorded webinars, supplemental files, and upcoming TRESA events.

OREA Standard Forms resources cover what Members need to know about TRESA timing, the effects TRESA will have on REALTORS’® day-to-day business, and the TRESA trading requirements and obligations.

Standard Forms & TRESA Resources

Government Legislation and Regulations

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Government Legislation and Regulations

What's Next

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What's Next

OREA anticipates the Ontario Government will begin Phase 3 regulatory work when the legislature resumes October 2024.

Remaining priorities OREA will be advocating for include:

  • Regulations to support specialty certifications for REALTORS® and brokers
  • Rules for new administrative money penalties for black-and-white violations of the Code or other TRESA regulations
  • Eliminating the outdated auctioneer loophole

Cooling Off Period

Bill 200, the Homeowner Protection Act was passed in June 2024, and introduces a mandatory, 10-day cooling off period for buyers of new freehold homes only. OREA fought hard to stop this from being applied to resale homes in Ontario - and succeeded. OREA will continue to monitor the issue as regulations are developed and will continue to push back against any cooling-off period on resale homes, which would negatively impact both buyers and sellers by undermining certainty in real estate transactions.

Note: the cooling off period info online is actually inaccurate, as we have since publicly supported a cooling off period on new builds (and legislation has now been passed) - so urgently needs to be updated from that lens as well. That paragraph is the only "new" content (the rest is pulled from other documents), but the language is in-line with our other communications on it (AME, NR, etc). While technically a separate topic, the two are closely linked (and there was discussion about the RECO Info Guide on this morning's call, which was under TRESA Phase 2) - so given that regulations are in development, and Gov. is currently consulting on them, I think it's wise to leave the mention of the COP work here for now, even though it's not technically TRESA. We can likely remove it when we do the next big update for the whitepaper launch.

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

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Q4. 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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