Today, I want to share some exciting news with you. If you have experienced the frustrations of competing offers, confusion over representation, or the complications of multiple representation in real estate transactions, I have some good news. Major changes are coming to the industry, effective December 1st, with the introduction of TRESA (Trust in Real Estate Services Act). In this blog post, I will explain the key changes and how they will impact buyers and sellers.
Competing Offers: More Transparency and Choice
One of the significant changes brought about by TRESA relates to competing offers. Currently, sellers and realtors are not allowed to disclose any information about competing offers, except for the number of offers received. However, with TRESA, sellers now have the option to choose between a blind bidding war or an open bidding war. In an open bidding war, sellers can disclose the price, contents, and dates of competing offers, except for the identity of the buyers. This change introduces more transparency and gives sellers the freedom to make informed decisions. It remains to be seen how this will impact real estate prices, but overall, more transparency and choice are positive developments for all parties involved.
Self-Represented Party: Avoiding Confusion
Another significant change TRESA brings is the introduction of the self-represented party. Previously, buyers and sellers had the option to choose whether to be a client or a customer of a realtor. However, the terms client and customer often caused confusion. Now, by opting to be a self-represented party, individuals can clearly indicate their decision to navigate the real estate process on their own, without formal representation. This change eliminates the ambiguity and ensures that individuals understand the level of support they can expect from a realtor. It also provides a distinction between those who choose full representation and those who prefer to handle certain aspects independently.
Designated Representation: Clearer Roles in Multiple Representation
Lastly, TRESA addresses the complexities of multiple representation, where a brokerage represents both the buyer and the seller in a transaction. Under TRESA, brokerages have the option to choose designated representation or brokerage representation. In designated representation, each agent within the brokerage exclusively represents either the buyer or the seller. This ensures that the best interests of each party are upheld and avoids conflicts of interest. This change brings clarity to the roles and responsibilities of agents within a brokerage, providing a more optimal experience for all parties involved.
These are just a few of the major changes being introduced by TRESA on December 1st, 2024. The real estate industry is constantly evolving, and these changes aim to enhance transparency, clarity, and choice for buyers and sellers. Whether you are currently navigating the real estate market or planning to do so in the future, it is essential to stay informed about these changes and understand how they may impact your real estate journey. To hear more about these topics and join the conversation, tune in to Episode 31 of the Toronto Living’s Real Estate Podcast.