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Buyer Agent Exclusive Agreement for Canada

Buyer Agent Exclusive Agreement Template for Canada

This document is a legally binding agreement used in the Canadian real estate market that establishes an exclusive relationship between a buyer and a real estate agent/brokerage. It outlines the terms under which the agent will represent the buyer in property transactions, including the scope of services, commission structure, and duration of the relationship. The agreement complies with Canadian provincial real estate regulations and includes provisions for agent obligations, buyer commitments, confidentiality requirements, and termination conditions. It serves as a formal commitment between the parties and provides legal protection for both the buyer and the agent throughout the property search and acquisition process.

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Buyer Agent Exclusive Agreement

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What is a Buyer Agent Exclusive Agreement?

The Buyer Agent Exclusive Agreement is a fundamental document in Canadian real estate transactions that formalizes the professional relationship between a property buyer and their chosen real estate agent. This agreement is typically used when a buyer is serious about engaging a specific agent's services for property acquisition and wants to establish a committed, exclusive relationship. The document includes essential details about the scope of the agent's services, commission structures, the duration of the exclusive relationship, and both parties' obligations. It provides legal protection for both the buyer and the agent while ensuring compliance with provincial real estate regulations and professional standards. The agreement is particularly important in competitive real estate markets where having dedicated representation can be crucial for successful property acquisition. It helps prevent misunderstandings about the nature of the relationship and ensures that both parties are clear about their rights, responsibilities, and the terms of their professional engagement.

What sections should be included in a Buyer Agent Exclusive Agreement?

1. Parties: Identifies the buyer(s) and the real estate brokerage/agent, including full legal names and contact information

2. Background: Establishes the context of the agreement, including the buyer's intention to purchase property and the agent's qualification to represent the buyer

3. Definitions: Defines key terms used throughout the agreement, including 'Property Requirements', 'Commission', 'Exclusive Period', and other relevant terms

4. Appointment and Authority: Formally establishes the exclusive agency relationship and outlines the agent's authority to act on behalf of the buyer

5. Term of Agreement: Specifies the start and end dates of the exclusive agreement

6. Agent's Obligations: Details the services and duties the agent will provide, including property search, negotiations, and professional advice

7. Buyer's Obligations: Outlines the buyer's commitments, including working exclusively with the agent and providing accurate information

8. Commission Structure: Specifies the commission rate, payment terms, and circumstances under which commission becomes payable

9. Property Requirements: Describes the type, location, and price range of properties the buyer is interested in

10. Termination: Explains how and under what circumstances the agreement can be terminated by either party

11. Confidentiality: Addresses the handling of confidential information shared during the agency relationship

12. Dispute Resolution: Outlines the process for resolving any disputes between the parties

13. General Provisions: Includes standard contract clauses such as entire agreement, amendments, and governing law

What sections are optional to include in a Buyer Agent Exclusive Agreement?

1. Multiple Buyers: Additional provisions when there are multiple buyers party to the agreement, defining their joint and several responsibilities

2. International Buyers: Special provisions for international buyers, including compliance with foreign investment rules

3. Dual Agency: Provisions for situations where the agent might represent both buyer and seller, subject to jurisdictional regulations

4. Digital Communications: Specific provisions for electronic communications and digital signature requirements

5. Team Representation: Details when multiple agents from the same brokerage may assist in representing the buyer

6. Property Management: Additional terms if the buyer requires assistance with property management after purchase

7. Mortgage Financing: Special provisions related to mortgage financing assistance or requirements

What schedules should be included in a Buyer Agent Exclusive Agreement?

1. Schedule A - Buyer's Property Requirements: Detailed specifications of the type of property sought, including location, size, features, and price range

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures, including any variable rates or special circumstances

3. Schedule C - Agent's Services: Comprehensive list of services to be provided by the agent

4. Schedule D - Buyer's Information Form: Buyer's personal and financial information relevant to the property search

5. Appendix 1 - Privacy Policy: Details on how the buyer's personal information will be collected, used, and protected

6. Appendix 2 - Agency Disclosure: Mandatory agency relationship disclosure as required by provincial regulations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses





























Relevant Industries

Real Estate

Legal Services

Financial Services

Property Management

Professional Services

Construction

Property Development

Insurance

Relevant Teams

Legal

Real Estate Operations

Compliance

Client Relations

Administration

Business Development

Document Management

Risk Management

Property Services

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Buyer

Real Estate Lawyer

Brokerage Manager

Compliance Officer

Real Estate Administrator

Contract Manager

Legal Counsel

Property Consultant

Real Estate Transaction Coordinator

Business Development Manager

Client Relations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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