Key Takeaways
- TRESA (Trust in Real Estate Services Act, 2002) fully replaced the old REBBA framework in Ontario starting December 1, 2023.
- It requires a written buyer representation agreement before a registrant shows homes or submits offers on a buyer's behalf.
- It introduced 'designated representation', allowing two agents at the same brokerage to represent opposing sides of a deal without the client losing full representation.
- RECO (the Real Estate Council of Ontario) continues to license and discipline registrants under TRESA.
What TRESA actually changed
TRESA is short for the Trust in Real Estate Services Act, 2002 — Ontario's governing law for real estate brokerages, brokers, and salespersons. It replaced the Real Estate and Business Brokers Act, 2002 (REBBA) on December 1, 2023, and is administered by the Real Estate Council of Ontario (RECO).
The core goal of TRESA is to make representation clearer to consumers. Before TRESA, a buyer could tour homes with an agent for weeks without a written agreement spelling out duties, fees, or exclusivity. TRESA closes that gap.
- Written buyer representation agreements are now mandatory before showings or offers.
- Agreements must disclose how the agent is paid, including any co-operating commission from the seller side.
- Consumers can request 'material information' about a property's history in writing.
- New advertising rules restrict misleading claims like unverifiable 'top producer' titles.
Designated representation explained
TRESA introduced 'designated representation' as the new default when two clients of the same brokerage are on opposite sides of a transaction. Instead of the brokerage acting neutrally for both sides (as under the old 'multiple representation' model), each client keeps their own dedicated representative within the brokerage — with full advocacy and confidentiality preserved between the two.
A brokerage can still offer 'multiple representation' where one salesperson represents both sides, but only with informed, written consent from both parties, and with reduced duties disclosed in writing.
What this means if you're buying or selling in Ontario
Before you tour a home or list your property, your agent must walk you through a written agreement — read it, and ask about commission, term length, and exclusivity before signing anything. A properly TRESA-compliant brokerage will explain designated representation options up front rather than defaulting you into reduced-duty multiple representation.