Can You Buy a Home Without a Real Estate Agent?
Yes. A buyer can proceed without hiring their own real estate agent.
Some buyers choose to:
purchase directly from a seller through a private sale, also known as For Sale by Owner or FSBO;
communicate with the seller’s agent while remaining unrepresented;
coordinate the purchase themselves with assistance from a lawyer or notary, lender, inspector and any other professionals the property requires.
The important distinction is that communicating with the seller’s agent does not make that agent your representative. The seller’s agent continues to represent the seller unless a separate and legally permitted representation arrangement is created.
Private Sales
A private sale changes how the property is marketed and how the parties communicate. It does not remove the buyer’s need to evaluate the price, investigate the property, arrange financing, negotiate an agreement and complete the legal transfer.
Without buyer representation, you must decide what information is needed and who should provide it. That may involve reviewing available property records, obtaining an inspection, investigating title or permitted use through the appropriate professional and having the purchase agreement reviewed before you sign it.
A lawyer or notary should not be treated as someone who enters the transaction only shortly before closing. CMHC advises buyers to have a lawyer or notary review contracts before they are signed, especially the offer or agreement to purchase.
Designated and Multiple Representation in Ontario
Ontario recognizes two types of representation agreement: brokerage representation and designated representation.
Under brokerage representation, the brokerage and its agents represent the client. Multiple representation arises if that brokerage represents both the seller and buyer in the same transaction, or represents competing buyers interested in the same property. This remains multiple representation even if the clients are working with different agents at the brokerage.
Under designated representation, one or more named agents at the brokerage are designated to represent the client. The brokerage and its other agents do not represent that client. Different designated representatives at the same brokerage can therefore represent the buyer and seller separately without that fact alone creating multiple representation.
Under designated representation, multiple representation arises when the same designated representative represents the seller and buyer, or represents competing buyers in the same transaction.
When multiple representation does arise, every affected client must receive written disclosure and agree in writing before it proceeds. The brokerage or designated representative must then act objectively and impartially and cannot provide the same undivided loyalty or advice about price and protective terms that would normally be available in an individual representation relationship.
These Ontario categories should not be treated as a national template. British Columbia generally restricts a real estate professional to representing one side of a transaction, subject to limited exceptions. Quebec uses another framework under which an unrepresented buyer must receive fair treatment from the seller’s broker, but does not receive representation or advice based on the buyer’s own needs and criteria.
Independent Purchase: Self-Represented or Unrepresented Buyer
The terminology for a buyer without representation varies across Canada. Ontario uses the term self-represented party for someone participating in a transaction without being the client of a brokerage.
In Ontario, an agent representing the other party cannot provide the self-represented buyer with opinions, advocacy or advice about matters such as the appropriate price or the terms that should protect the buyer. Limited assistance may be provided when it is part of serving the agent’s own client, but the buyer should not be encouraged to rely on the agent’s judgment.
There is also a confidentiality consequence. Information a self-represented buyer provides to the seller’s agent may be shared with the seller. That could include the buyer’s motivation, preferred terms or the maximum amount the buyer is willing to pay. A conversation with the seller’s representative should not be mistaken for a confidential conversation with the buyer’s own adviser.