Residential real estate, property management, and mortgage brokerage professionals must have a Written Service Agreement (WSA) when entering into a client relationship. Written service agreements help ensure the role of the licensee is clear, and when clients are better informed, there is less confusion and typically, fewer disputes.
Written service agreements help licensees clearly and confidently communicate with clients about:
Establishing a written service agreement with clients also offers benefits and protections to the licensee. For example, even if a client chooses not to litigate, a written service agreement reduces the chances of dispute and dissatisfaction on the part of the client, because the client has a written record of the roles and responsibilities of all parties to the agreement.
Regardless of their sector, RECA believes all licensees should use written service agreements when establishing client relationships. Many commercial real estate practitioners already use written service agreements and RECA will continue to work with these sectors to meet the requirements of the Rules as they relate to written service agreements.
Sellers are used to signing a Seller Representation Agreement (commonly referred to as a Listing Agreement) with the licensee who is helping them sell their house, but the practice of signing a written service agreement has been less common for buyers.
Consumers can negotiate terms for the agreement that will work for them and your brokerage. They can even negotiate the length of term for an agreement. Consumers need to feel comfortable with you—and they may not be prepared to commit to a long-term working relationship right from the beginning. Try out a shorter-term agreement and if at the end of that agreement, you both can move on or sign a new agreement.
Written service agreements will inform borrowers about what they can and should expect from their relationship with their licensed mortgage broker. The agreements will:
RECA has sample documents for use by mortgage brokers to comply with written service agreements and other legislative requirements.
The agreements meet the requirements of the Real Estate Act Rules relating to disclosure of relationship and compensation, and written service agreements, as well as the requirements of the Personal Information Protection Act, the Consumer Protection Act, and Canadian Anti-Spam Legislation.
A brokerage may customize the documents to suit their needs. These sample forms or content are not mandatory for use. The documents meet the requirements of the Real Estate Act Rules provide for credit bureau consent, privacy legislation consent, and consent to continue to send commercial electronic messages to borrowers after the funding of the transaction.
You may convert the forms to electronic format and use electronic signatures to sign the documents. You must meet the requirements of the Real Estate Act Rules for electronic documents.
Information Bulletin: Electronic Records
Q A | Are written Buyer Representation Agreements mandatory? Yes, if you are interested in buying residential property and are the client of a real estate professional in Alberta, you will be asked to sign a written service agreement (buyer representation agreement). |
Q A | What is the difference between an exclusive and a non-exclusive buyer representation agreement? In an exclusive buyer representation agreement, you, as the buyer, agree to only use the services of that brokerage to represent and assist you in purchasing a property. In a non-exclusive buyer representation agreement, you, as the buyer, may use the services of multiple brokerages at the same time. You can enter into multiple non-exclusive buyer representation agreements. |
Q A | Does my buyer representation agreement have to be exclusive? No. However, your agreement will need the consent of the brokerage(s) you’re working with. Consumers should make an informed choice about the type of relationship they wish to have with a real estate professional. They should also understand the implications of the options available to them. |
Q A | When I agree to enter into a written service agreement, is there a specific form I will be asked to sign as a buyer? The answer to this question depends on two factors:
If you answer “yes” to BOTH of these questions, the agreement must contain the mandatory content as contained in RECA’s Exclusive Buyer Representation Agreement. If you are not interested in residential real estate OR you want a non-exclusive agreement, your real estate professional is not required to use the mandatory content. However, you will be asked to enter into a written agreement that meets the requirements of the Real Estate Act Rules. Review RECA’s sample non-exclusive buyer representation agreements. |
Q A | What is the difference between an exclusive and a non-exclusive buyer representation agreement? In an exclusive buyer representation agreement, the buyer agrees to only use the services of one brokerage to represent and assist them in purchasing a property. In a non-exclusive buyer representation agreement, the buyer may use the services of multiple brokerages at the same time. You can enter into multiple non-exclusive buyer representation agreements. |
Q A | Does my buyer representation agreement have to be exclusive? No. However, your agreement will need the consent of the brokerage(s) you’re working with. Consumers should make an informed choice about the type of relationship they wish to have with a real estate professional. They should also understand the implications of the options available to them. |
