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Duties owed by an agent to a client are different than those owed by an agent to a customer. As can be seen by the chart below an agent's duties owed to a client are much greater than his duties owed to a customer. Until very recently the industry standard in Toronto was to treat the buyer as a customer and the seller as a client. Buyer Agency makes the buyer a client and gives the buyer a real opportunity to be represented by his own agent during both the searching for properties and the negotiation of offers. Buyer Agency also gives the buyer much greater legal recourse vis a vis his agent in the event of a dispute or problem arising before, during or after the closing of a sale.

Agent's Fiduciary Duties to "Client"

  1. Best Efforts (Advocacy)
  2. Loyalty
  3. Obedience
  4. Disclosure
  5. Confidentiality
  6. Reasonable Care and Diligence
  7. Accountability
  8. All of the duties owned to a customer

Agent's Duties to "Customer"

  1. Fair Dealing
  2. Honesty
  3. Reasonable Skill and Care
  4. Disclosure of Property Condition and Defects
  5. Non-Discrimination
  6. Reasonable Care and Diligence

These duties are the obligations of the entire office/firm and are impressed upon both the Listing Office and, in sub-agency situations, the Selling Office.


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