Seller · Legal
It is the most important document of your sale, and the one sellers read the least. Here is what it contains and what is negotiable, in plain English.
The brokerage contract is the written agreement between a seller or buyer and a real estate broker in Quebec. The Real Estate Brokerage Act requires it to be recorded on a mandatory form: any verbal brokerage contract is void. Three legal protections matter before signing. A right of withdrawal: the client may cancel at their discretion within three days of receiving their copy of the signed contract. The term, which must state a precise end date and time; failing that, the contract ends thirty days after it is concluded, and automatic renewal clauses are prohibited. And the post-expiry protection clause, which cannot exceed one hundred and eighty days and only applies under strict conditions. The form governs the format; the term, the asking price and the compensation are negotiated.
The contract turns a conversation into a mutual commitment: what the broker must do, what you undertake to do, how much and under which conditions the broker is paid. In Quebec, the law requires it to be recorded on a mandatory form designed by the OACIQ (the provincial regulator) and approved by the minister. A verbal brokerage contract is void, and the contract only exists once both parties have signed the form. It is a real protection for the public: the framework is identical everywhere, which makes proposals comparable. What the form does not impose is the commercial content: the term, the asking price, the compensation percentage, its split with the buyer's broker and the marketing inclusions are all discussed before signing. Your obligations only start once you hold your copy of the contract.
The term. No minimum or maximum is imposed by law, but the form requires a precise end date and time. Without one, the contract ends 30 days after it is concluded. Vague wording and automatic renewals are prohibited. Align the term with the real selling times of your sector.
The asking price. It is written into the contract. Make sure it rests on documented comparables, and agree in advance on how it will be revised if the market does not respond.
The compensation and its split. The total amount, but also the share intended for the broker who brings the buyer. That share directly influences other brokers' interest in your property.
The protection clause. It cannot cover more than 180 days after expiry, applies only to an exclusive contract, only for a person who showed interest in the property during the contract, and only if you have not since signed a new exclusive contract with another broker.
Cancellation. You have three days of withdrawal after receiving your copy. Afterwards, the seller may cancel at any time and without cause, unless the contract is stipulated as non-cancellable, subject to reimbursing the costs incurred. Have those costs spelled out before signing.
Both formulas exist, and the broker must inform you that a non-exclusive contract is possible. With an exclusive contract you retain a single broker: you keep the right to find a buyer yourself, but if the property sells during the term, with or without the broker, the compensation is due. In return, that security lets the broker invest in marketing, and it is the formula that opens full distribution and the network of buyers' brokers. With a non-exclusive contract, the compensation goes to the broker who was the effective cause of the sale, and you must notify in writing the other brokers with whom you already have such a contract. For most sellers, real protection does not come from refusing exclusivity but from a reasonable term and clear exit conditions.
Buyers are often surprised to learn a contract exists on their side too, and that it has become unavoidable: since June 10, 2022, a broker cannot represent a buyer without first signing a written buyer's brokerage contract. Without it, the broker can still show you properties, but is then de facto working for the seller and only owes you fair treatment. The contract defines the mandate, the type of property sought, the term and the compensation method. If you wonder whether one broker can represent both you and the seller, the answer is in the rule on double representation.
Read the whole document at home, with nobody sitting across from you. Check that every verbal promise is in it. Have the person who will actually handle your file named. Compare at least two proposals on the same basis. And never sign the same day under pressure: a contract that binds you for months deserves a night's sleep.
Neither the law nor the regulations impose a minimum or maximum: it is negotiated. The form does require a precise end date and time, and automatic renewals are prohibited. Match it to the median selling time of your sector plus a reasonable margin.
Yes: at your discretion within three days of receiving your copy, and afterwards at any time without cause unless the contract is stipulated non-cancellable, in which case you may have to reimburse costs already incurred.
No. In Quebec a brokerage contract must be recorded on the mandatory form and signed by both parties; a verbal contract is void.
Also available in French: version française de ce guide.
Published September 1, 2026 by the Loaa & Manseur team, the number 1 team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the global top 50 according to the official RE/MAX ranking. Tell us about your project.
Équipe no 1 de RE/MAX Platine en 2024 et en 2025, 6e au Québec, 15e au Canada et dans le top 50 mondial au classement officiel RE/MAX. Réponse en moins de 24 heures, sept jours sur sept.