If you are involved in a real estate transaction and are not a client of a real estate brokerage, you are considered a self-represented party. This means that you have chosen to represent yourself, which has different rights and responsibilities.
Very few buyers or sellers make this choice.
There are significant risks to representing yourself in a real estate transaction if you do not have the knowledge and expertise required to navigate the transaction on your own. In most cases, you will be dealing with a seller or buyer who is benefitting from the services, opinions, and advice of an experienced real estate agent.
RECO recommends that you seek independent professional advice before you proceed as a self-represented party or receive any assistance from a real estate agent representing another party in the transaction.
If you choose not to work with a real estate agent, it will be your responsibility to look after your own best interests and protect yourself. This may include things like:
- making inquiries about zoning, permitted property use, or any other aspect of the property;
- determining what you believe to be the value of the property you are buying or selling;
- determining how much you are willing to offer or accept;
- navigating competing offer situations;
- deciding what terms you want to include in an offer or agreement of purchase and sale; and
- preparing all documents.
The real estate agent is working for another party in the transaction
It’s important to be aware that the real estate agent working for the party on the other side of the transaction has a legal obligation to act in the best interests of their client.
For example, if you are a buyer, or even just inquiring about the property, and the agent is working for the seller – the agent has a duty to do what’s best for their seller client.
Be careful what you share. The agent is obligated to share anything you tell them with their client, including:
- your motivation for buying or selling the property;
- the minimum or maximum price you are willing to offer or accept; and
- your preferred terms or conditions for an agreement of purchase and sale.
A real estate agent must give you RECO’s Information and Disclosure to Self-represented Party form and walk you through it before they can provide you any assistance. You will be asked to confirm you received it and understand what it means to be a self-represented party.
RECO’s Information and Disclosure to Self-represented Party form
RECO Information and Disclosure to Self-represented Party form - Designated representation
This version is used when the agent is the designated representative for a client in the trade.
RECO Information and Disclosure to Self-represented Party form - Brokerage representation
This version is used when the client in the trade is under a brokerage representation agreement.
The agent cannot: |
| Any assistance the agent offers you: |
- provide you with any services, opinions, or advice;
- do anything that would encourage you to rely on their knowledge, skill, or judgement; or
- encourage you to represent yourself or discourage you from working with another real estate agent or brokerage.
|
| - is a service to their client, not you;
- is in the best interests of their client, not you; and
- is to help their client sell or buy a property.
|
You have the right to change your mind
If you’re concerned about completing a transaction on your own, or you need advice from a real estate agent, you can choose to become a client of a real estate brokerage at any point during the transaction.
