Updated September 2026
Before a brokerage can market your home, you sign a listing agreement. It is the contract that makes you the brokerage's client, and it sets out what they will do, what you will pay and how long it lasts. Here is what to look for in Ontario.
What a listing agreement is
A listing agreement is a seller representation agreement. Under Ontario's Trust in Real Estate Services Act (TRESA), it can take two forms: brokerage representation, where every agent at the brokerage represents you, or designated representation, where one named agent does.
What it has to include
According to RECO, a written representation agreement has to set out:
the date it takes effect and the date it expires, with the expiry date shown prominently on the first page and initialled by you
how the brokerage's commission will be determined, and any circumstances in which it could change
a complete description of the services you will receive
how the commission will be paid
If an agent can't show you each of these in the agreement, ask why.
Commission
Commission is negotiable. As RECO puts it, the amount is not fixed or approved by RECO, any government authority or any real estate association. HST applies on top. Ask exactly what the commission includes. At The Polsinello Team, we pay all the marketing costs, from professional photography and video to advertising and signage.
The holdover clause
Most listing agreements include a holdover period. If your agreement expires and you then sell to a buyer who was introduced to your home while it was listed, you may still owe commission. Check how long the holdover period is.
Ending the agreement early
Read every circumstance in which the agreement can be ended, and any costs that apply. If the agreement doesn't cover something that matters to you, ask for it in writing before you sign.
How offers are handled
Ontario's rules give you more control over offers than before. Every buyer who submits a written offer is entitled to know how many competing offers there are, but the details of those offers can only be shared if you give your agent clear written direction. Decide with your agent before offers arrive how much you want to share.
If your brokerage also represents a buyer for your home, it needs your informed written consent to continue. You don't have to agree.
Questions to ask before you sign
How did you arrive at the list price you are recommending?
What exactly is included in the commission?
How and when will you update me?
How long is the agreement, and how long is the holdover period?
How can the agreement be ended, and what would that cost?
Talk to us
We walk every seller through our listing agreement before they sign it. Call us at (905) 830-9111, or read about how we sell homes.
