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Residential TradingBuyer Representation AgreementsONHARD

An Ontario buyer ends a buyer representation agreement early, citing poor service by the salesperson. Under TRESA, which statement about commission is accurate?

Correct Answer

D) Commission follows the agreement's terms and is owed to the brokerage

TRESA has no special rule cancelling commission when a salesperson breaches a duty. O. Reg. 567/05 s. 13.4 requires the agreement itself to set out the remuneration and any termination terms, and TRESA s. 31(2) bars a salesperson from accepting remuneration for trading from anyone except the employing brokerage. Whether anything is owed depends on the agreement and contract law.

Answer Options
A
TRESA cancels all commission whenever a salesperson breaches a duty
B
The buyer must always pay the full commission, whatever the reason
C
The buyer pays the salesperson a reduced fee directly for services received
D
Commission follows the agreement's terms and is owed to the brokerage

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Key Terms

buyer representation agreementterminationremunerationTRESA s. 31
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