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Non Exclusive Buyer Agency Agreement for Canada

Non Exclusive Buyer Agency Agreement Template for Canada

A Non-Exclusive Buyer Agency Agreement is a legal contract used in Canadian real estate transactions that establishes a professional relationship between a buyer and a real estate agent/brokerage, while allowing the buyer to work with other agents. The agreement outlines the agent's duties, compensation structure, and service area, all while complying with provincial real estate regulations. It provides flexibility for the buyer while still protecting the agent's interests when they successfully help the buyer purchase a property. The document includes specific provisions for Canadian jurisdictional requirements, including provincial real estate laws and privacy regulations.

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What is a Non Exclusive Buyer Agency Agreement?

The Non-Exclusive Buyer Agency Agreement is a fundamental document in Canadian real estate transactions, designed to establish a professional relationship between a property buyer and a real estate agent/brokerage while maintaining the buyer's freedom to work with other agents. This agreement is particularly useful when buyers want to maintain flexibility in their property search while still ensuring their agent's interests are protected. The document typically includes details about the agent's services, compensation structure, term of agreement, and geographical service area. It complies with provincial real estate regulations and includes mandatory disclosures required by Canadian law. This type of agreement is commonly used in residential and commercial property transactions across Canadian provinces, offering a balanced approach that protects both parties' interests while maintaining flexibility in the agency relationship.

What sections should be included in a Non Exclusive Buyer Agency Agreement?

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

2. Background: Explains the context of the agreement - buyer seeking to purchase property and agent offering services

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Purchase Price', 'Service Area', and 'Term'

4. Appointment and Agency Relationship: Establishes the non-exclusive nature of the agency relationship and the right to work with other agents

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

6. Agent's Duties and Services: Details the services the agent will provide, including property search, market analysis, and negotiation assistance

7. Buyer's Obligations: Outlines the buyer's responsibilities, including providing accurate information and communicating property interests

8. Compensation: Specifies the commission structure and payment terms

9. Disclosure of Representation: Explains dual agency situations and how conflicts of interest will be handled

10. Termination: Details how and when either party can end the agreement

11. General Provisions: Standard clauses including governing law, entire agreement, and amendments

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

1. Multiple Buyers: Required when there are multiple buyers entering into the agreement, defining their joint and several responsibilities

2. Property Specifications: Used when the buyer has specific property requirements that need to be documented

3. Holdover Period: Optional clause defining obligations regarding properties shown during the agreement term but purchased after expiration

4. Digital Services: Details online tools and virtual services provided, if applicable

5. International Buyers: Additional provisions for non-resident buyers, including tax considerations

6. Team Structure: Required when multiple agents from the same brokerage will be serving the buyer

What schedules should be included in a Non Exclusive Buyer Agency Agreement?

1. Schedule A - Service Area: Defines the geographic area where the agent will provide services

2. Schedule B - Commission Schedule: Detailed breakdown of commission rates and payment structures

3. Schedule C - Buyer's Requirements: Detailed list of buyer's preferred property characteristics and requirements

4. Schedule D - Additional Services: List of any additional services agreed upon beyond standard services

5. Appendix 1 - Agency Disclosure: Mandatory disclosure form explaining agency relationships as required by provincial law

6. Appendix 2 - Privacy Policy: Details how the buyer's personal information will be collected, used, and protected

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

Property Development

Property Management

Financial Services

Legal Services

Construction

Property Investment

Relevant Teams

Real Estate

Legal

Compliance

Operations

Sales

Customer Relations

Document Management

Property Services

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Buyer

Real Estate Manager

Brokerage Owner

Real Estate Compliance Officer

Real Estate Legal Counsel

Contract Administrator

Real Estate Transaction Coordinator

Property Investment Advisor

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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