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UNDERSTANDING THE BUYER DESIGNATED REPRESENTATION AGREEMENT IN ONTARIO (FORM 371)

If you have been asked to sign this form or are just trying to understand what it means, you are in the right place!

This page will explain Form 371: Buyer Designated Representation Agreement for Purchase or Lease in clear, everyday language. Whether you’re a first-time buyer or just doing your research, this will help you understand what you’re signing and what to expect from your real estate agent.

WHAT IS FORM 371?

Form 371 is a legal agreement that allows a real estate agent to officially represent you during the home buying or leasing process in Ontario. It confirms that the agent works for you, puts your best interests first, and will guide you through everything from showings to negotiations to closing.

This form is part of a newer system introduced under Ontario’s updated real estate rules, called TRESA (Trust in Real Estate Services Act). It specifically deals with designated representation, a type of relationship where your agent is clearly identified as your representative and legally obligated to act in your best interest.

WHY IS DESIGNATED REPRESENTATION IMPORTANT?

There are two main types of representation in Ontario real estate:

1. Brokerage Representation

In this setup, the entire brokerage represents you. That means any agent at that brokerage is considered your representative. This can lead to conflicts when another client at the same brokerage is on the other side of a deal (like a competing buyer or the seller of the home you want).

2. Designated Representation

This is what Form 371 sets up. You get a specific agent who represents you directly. The rest of the brokerage must treat you neutrally and cannot access your private information. It helps avoid potential conflicts, especially in situations where the same brokerage represents both the buyer and the seller.

Designated representation gives you clarity, privacy, and a more focused client-agent relationship. That’s why it’s becoming the standard in Ontario.

WHAT YOU’RE AGREEING TO

By signing Form 371, you’re agreeing to:

  • Work exclusively with the agent for a set period of time
  • Let them represent you during your home search and purchase
  • Pay commission only if certain conditions are met (more on that below)

WHAT ABOUT COMMISSION?

Usually, your agent’s commission is paid by the seller. But this form also covers what happens if:

  • The seller is not offering commission
  • The commission offered is lower than what you agreed to
  • You buy a home without involving your agent during the agreement period

If there’s a gap between what the seller pays and what was agreed to in this contract, you may be responsible for covering the difference. Your agent will always disclose this ahead of time.

WHAT DOES YOUR AGENT DO FOR YOU?

Under this agreement, your agent will:

  • Help you understand how much you can afford
  • Send you listings, book showings, and offer market insight
  • Handle paperwork and deadlines
  • Protect your privacy and negotiate on your behalf
  • Offer guidance through the entire buying process

Your agent is legally required to act in your best interest, keep your information confidential, and help you make well-informed decisions.

CAN THE SAME AGENT REPRESENT BOTH SIDES?

Sometimes, the same brokerage (or even the same agent) might represent both the buyer and the seller in the same deal. That’s called multiple representation.

If that happens:

  • Both parties must agree in writing before the deal can move forward
  • The agent must stay neutral and cannot give you advice on what price to offer or accept
  • Your private info cannot be shared without your permission

If you’re not comfortable with this, you can say no. You may also be referred to a different agent or brokerage.

WHAT HAPPENS IF YOU FIND A PROPERTY ON YOUR OWN?

If you come across a home from another source (like an open house or a friend) and it matches what’s outlined in this agreement, you still need to let your agent handle the process. This ensures you stay protected, and that your agent can fulfill their role under the contract.

A Few More Things You Should Know

  • Agents are not home inspectors. You’ll need to hire specialists to check the roof, foundation, plumbing, and other issues.
  • Your info is protected. Any personal or financial information you share stays confidential.
  • The agreement may include a “holdover period.” If you buy a home shortly after the agreement expires that your agent showed you, they may still be owed commission.

WHY DOES THIS MATTER?

Because buying a home is a huge step. And having the right kind of representation ensures you get expert guidance, strategic advice, and someone in your corner who knows the process inside and out.

Form 371 helps clarify expectations, protects your interests, and gives you a trusted advisor at your side.

NEED HELP DECIDING WHAT TO DO NEXT?

If you’re not sure whether to sign, or want to talk to someone who will walk you through the process without pressure, we’re here to help.

Book a free consultation with RE/MAX Team Paliwal or ask us your questions directly. No pressure. No obligation.

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We’ll reach out with helpful next steps and connect you with an agent who will take the time to explain everything properly.

YOU'LL NEVER FEEL ALONE

Many buyers have successfully navigated the home-buying process with our help. Here’s what some of them had to say:

“We had a fantastic experience with Gyanesh and TEAM Paliwal. Their professionalism and support made our home buying journey smooth and stress-free.”

“TEAM Paliwal helped us find our dream home within our tight timeline. Their expertise and dedication were invaluable.”

Remember, you’re not alone in this journey. RE/MAX Team Paliwal guides you every step of the way, ensuring a smooth and successful home-buying experience.

The first step is to schedule a no obligation in-person or zoom video call meeting to understand your unique needs. 10 out of 10 buyers have found this initial meeting to be extremely useful in their buying journey. Contact us today!

HOW RE/MAX TEAM PALIWAL SERVICES FIT YOUR NEEDS

Searching for a home in Brampton? RE/MAX Team Paliwal is here to help.

Whether you’re looking for a resale property or a brand-new build, our experienced team will guide you through every step of the process to ensure a smooth, stress-free closing. 

We’re recognized as one of the Top 50 Real Estate Teams in Canada by RankMyAgent.com and we bring a proven track record of success.

Interested in new developments? We work directly with Brampton’s leading builders to give you early access to pre-construction homes and townhomes.

All of our agents are deeply familiar with the Brampton market. Let our local expertise work for you.

Get in touch today and let us help you find your dream home.

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Explore Reviews and Testimonials to see why clients trust TEAM Paliwal, the REMAX Agents in Mississauga Oakville. The perfect moment has arrived to “Find Your Dream Home,” and the dedicated professionals at TEAM Paliwal from Remax Realty Specialists Inc in Mississauga are ready to provide you with unparalleled personal attention.

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As we progress, we’ll explain and request you to sign a Buyer Representation Agreement, ensuring the highest quality of real estate service.

Verified Reviews of The Best Real Estate Team

Me and my wife Harshita comes with a background and strong belief of having the blessings of elders is ultra-important. Our signing the contract was purely because of Team Leader Gyanesh Paliwal. We really liked his knowledge, experience and as an elder and like a family member. Given this was our first Home experience and we were super anxious, on the closing day when we both were missing our parents the most to hear that voice go for it, you played that role. It was your voice in the end saying go for it gave me the courage to say yes. We hope that this would turn out to be one of our best decisions. In future we would love to work with you from the start till the end.

- Amit Arora, October 2023
It’s been an absolute pleasure working with Akanksha and Gyanesh Paliwal of RE/MAX Team Paliwal. What started as a relationship with our real estate broker quickly evolved into a personal connection. The team has a deep understanding of the housing market but what stood out was always their attention to our unique needs. Gyanesh and Akanksha took out time to educate us as first time home buyer about the process of searching and purchasing a home before diving into the real home hunt. Akanksha’s approach to shift through the inventory and filter it down to our needs was very methodical which made it easier for us to make the final decision.

- Nimish Sharma, October 2023
We wanted to take a moment to express our deepest gratitude for the outstanding support and guidance both of you provided throughout our investment property journey. Your expertise, dedication, and unwavering commitment played a pivotal role in helping us secure the perfect investment property. From the initial discussions about our requirements to the countless conversations around pricing and property types, your patience and professionalism shone brightly. Your in-depth knowledge of the real estate market and keen understanding of our needs made the entire process smooth and stress-free. RE/MAX Team Paliwal’s valuable insights not only saved us time but also helped us make informed decisions, ensuring that we found a property that aligns perfectly with our investment goals.

- Ruchi Naik, October 2023
I wanna share my experience with Re/Max, Gyanesh Paliwal and his team, when the idea of buying house came up in our minds, we called Remax team Paliwal they explained everything in details, and kept following up with us till we made the decision to buy the house, then we met Gyanesh Paliwal, and they did everything to make us understand all the details of buying house as that was our first time, then the journey of viewing houses started, we visited tens of them in different places, they gave us opinion about each house, if any of them is in bad location or has something bad, they right away told us about it, then we came to the point that we found the house that we loved.

- Mohamed Elghazaly, October 2023
I was thinking of making an investment in GTA market. RE/MAX Agent Gyanesh Paliwal’s name was strongly recommended by my family. Gyanesh suggested me a few hand-picked great projects. He provided me full analysis of the project from a top builder. His support to make the right decision is great and he also coordinated and communicated with the builder on my behalf to complete the whole buying process.

- Anu Chadha, August 2023
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