Buyer and seller · Legal
It is the most important change of recent years in Quebec real estate brokerage, and few consumers know it. It protects you, provided you know how it works.
Since June 10, 2022, double representation is prohibited in residential real estate brokerage in Quebec. A broker who learns that their buyer client wants to make an offer on a property they themselves have listed must terminate the buyer's brokerage contract, by a written and reasoned notice indicating the property concerned, recommend that the client be represented by another broker, and may not claim any compensation following that termination. The rule covers residential properties of fewer than five units, condominiums and residential lots; commercial brokerage is not covered. Two exceptions exist in the regulation: when no other broker has an establishment within a fifty-kilometre radius, and when two different brokers of the same agency each act for one party, with written information without delay and prior written consent.
Before June 2022, the same broker could represent both the seller and the buyer in a transaction, with the tensions that implies: how do you negotiate the highest possible price and the lowest possible price at the same time? The Real Estate Brokerage Act settled it. The broker who learns that their buyer client intends to make an offer on a property covered by another of their contracts must terminate the buyer's brokerage contract. Termination is done by a written and reasoned notice, which must indicate the property concerned, and it takes effect when the notice is sent, not when it is received. The broker must also recommend that the client sign a new contract with another broker, and may not claim any compensation following that termination.
The ban covers residential brokerage: a mainly residential property of fewer than five units, a fraction of a mainly residential property in divided or undivided co-ownership, and residential lots. Commercial brokerage is not covered by this ban. If you buy a plex of five units or more, you are not under the same regime.
Underserved regions: when no other licence holder able to act as intermediary has an establishment within 50 kilometres of the property. Two brokers of the same agency: one broker on the selling contract, another on the buying contract. In both cases, the exception does not apply automatically: the broker must inform the client in writing and without delay, then obtain written consent before the client makes an offer. Without that prior consent, the broker must terminate. The OACIQ adds an important precision for teams: when a team member's name appears on the selling brokerage contract or that member clearly appears as the seller's contact person, that member cannot represent the buyer for that property. And regardless of the ban itself, a broker must refuse to sign a buying contract if they received confidential information about the seller client from a colleague.
Not being represented does not mean being left with nothing. The regulation requires the broker to protect and promote the interests of the party they represent while giving fair treatment to all parties, and to inform you of their position as soon as possible. What the broker can do for you: show you the property, objectively give you information on relevant facts and on everyone's rights and obligations, hand you a blank offer to purchase form, recommend the usual financing and inspection clauses, disclose relevant factors. What the broker cannot do: advise you on the amount to offer, build your strategy, or disclose confidential or strategic information about their client.
If you sell: your broker can no longer end up in a conflict of interest on your own transaction. An unrepresented buyer who shows up will be informed in writing that your broker defends your interests. If you buy: do not count on the listing broker to defend your price. Get represented by your own broker before visiting, with a buyer's brokerage contract. If you are already represented and fall in love with one of your own broker's listings: this is exactly the situation the law provides for. Your contract will be terminated for that property, without compensation, and your broker must recommend a colleague. In a team, another broker can take over if the regulation's conditions are met, with written information and consent.
Always ask, from the first contact: who do you represent in this transaction? The answer must be clear and confirmed to you in writing. And check the broker's licence in the public register before signing anything: our guide on verifying a broker with the OACIQ shows how in one minute.
No, not in residential brokerage since June 10, 2022. The broker must terminate the buyer's contract in writing and recommend another broker, without claiming compensation. Commercial brokerage is not covered by the ban.
Your buyer's contract is terminated for that property, at no cost to you, and your broker must recommend another broker. Within a team, another broker of the same agency may represent you, with written information and your prior written consent.
Fair treatment: objective information on relevant facts, the blank forms, the usual clauses. Not advice on the amount to offer, and not their client's confidential information.
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.