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Agency & Professional EthicsDual AgencyMEDIUM

In Ontario, under what circumstances can a brokerage represent both the buyer and the seller in the same transaction?

Correct Answer

D) When both parties provide informed written consent after full disclosure

O. Reg. 567/05 s. 22 lets an Ontario brokerage represent more than one client in the same trade only if it discloses the multiple representation and the differences in duties, services and remuneration to each client, and each client then consents in writing. After that, it must treat both clients objectively and impartially. Family ties and price have nothing to do with the rule.

Answer Options
A
Only when both parties are members of the same family
B
Never, as dual agency is prohibited in all provinces
C
Only when the transaction value is under $500,000
D
When both parties provide informed written consent after full disclosure

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Key Terms

multiple representationdual agencywritten consentO. Reg. 567/05 s. 22Ontario
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