Brokerage Counsel & Compliance

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Your brokerage.
Your reputation.
Defended.

Property Counsel provides ongoing legal support to real estate brokerages across Ontario — from TRESA compliance and agent agreements to regulatory defence and commission disputes. We understand how brokerages operate because real estate law is all we do.

Legal solutions supported by 30+ years of hands-on registrant and brokerage experience.

What We Handle

Legal services tailored
to how brokerages operate.

TRESA Compliance & Regulatory Guidance

We help Ontario brokerages meet their TRESA obligations — disclosure, designated representation, record-keeping, and trust accounts — with compliant, current policies.

Agent & Independent Contractor Agreements

We draft and review TRESA-compliant independent contractor, team, and referral agreements that protect your brokerage in commission and client-solicitation disputes.

Commission Disputes & Recovery

We represent Ontario brokerages in commission disputes involving unpaid commissions, holdover clauses, co-operating brokerage entitlement, and deals that did not close.

RECO & Regulatory Defence

We defend brokerages and brokers of record in RECO complaints, compliance inspections, discipline hearings, and Licence Appeal Tribunal appeals.

Litigation — Buyer & Seller Claims Against the Brokerage

We defend brokerages and registrants in civil claims alleging misrepresentation, failure to disclose, negligent advice, or breach of fiduciary duty.

Franchise Agreement Review & Disputes

We review franchise agreements and advise Ontario brokerages on territory, fee, branding, and exit terms before disputes or termination arise.

Trust Account Compliance

We advise on TRESA trust account obligations and represent brokerages responding to RECO inspection findings and trust-related regulatory proceedings.

Common Issues

Legal issues brokerages
face most often.

These are the situations we see most frequently when brokerages reach out for legal support. Recognizing them early makes a significant difference in outcome.

Delayed or disputed commission payments to agents

Failure to pay registered salespersons on time — or at all — can result in complaints to RECO and civil claims. Clear written agreements and compliant payment practices are essential.

Commission paid to an unlicensed person

Paying commission or referral fees to an unregistered individual is a violation of TRESA and can result in significant penalties for the brokerage and broker of record.

Agent departure and client solicitation disputes

When an agent leaves, disputes over client relationships, listings, and non-solicitation obligations are common. Without a clear written agreement, the brokerage’s position is vulnerable.

RECO complaint against the brokerage or broker of record

Complaints involving supervision failures, trust account issues, or advertising non-compliance can expose the broker of record personally. Early legal involvement improves outcomes significantly.

Buyer or seller suing the brokerage

Civil claims alleging misrepresentation, failure to disclose, or negligent advice are frequently brought against brokerages and their registrants. Prompt legal advice is essential.

Advertising and marketing non-compliance

RECO and TRREB impose specific requirements on brokerage advertising — including disclosure of registration, use of trade names, and social media compliance. Violations can result in regulatory action.

Franchise disputes and exit issues

Franchise agreements often contain onerous exit provisions, non-compete obligations, and fee structures that require legal review before the brokerage takes action or terminates the arrangement.

TRESA compliance gaps following Phase 2

The introduction of designated representation and updated disclosure requirements under TRESA Phase 2 created new compliance obligations for brokerages that many have not yet fully addressed.

What You Need to Know

Common questions from
Ontario real estate brokerages.

These are the questions we hear most often from brokerages and brokers of record across Ontario.

What are a broker of record’s legal obligations under TRESA in Ontario?

The broker of record is personally responsible for supervising all registrants and ensuring the brokerage complies with TRESA — including trust accounts, documentation, and advertising — and can face personal liability for systemic failures.

Can a brokerage pay a referral fee to someone who is not a registered agent in Ontario?

No — under TRESA, only registered salespersons or brokers may receive remuneration for trading in real estate, and paying an unregistered person exposes the brokerage and broker of record to regulatory action.

What should a brokerage do when it receives a RECO complaint?

Retain legal counsel promptly, because the written response submitted at the investigation stage is one of the most important steps and significantly shapes how the matter proceeds.

Do brokerage agent agreements need to be in writing in Ontario?

Yes — TRESA requires the brokerage’s relationship with its salespersons and brokers to be documented in writing, and a well-drafted agreement is your primary protection in disputes.

What is designated representation and what does it require of brokerages?

Introduced under TRESA Phase 2, designated representation lets a brokerage assign a specific registrant to represent a client — allowing registrants in the same brokerage to act for different parties, provided proper disclosure, consent, and written policies are in place.

What happens if an agent leaves and takes clients with them?

Whether a departing agent can solicit former clients depends entirely on the non-solicitation terms in their written agreement — without one, the brokerage has limited recourse.

How should a brokerage handle trust account compliance in Ontario?

Brokerages must maintain trust accounts strictly under TRESA — prompt deposits, monthly reconciliations, and detailed records — and should address any RECO inspection findings before they escalate to disciplinary proceedings.

Does Property Counsel work with brokerages on an ongoing basis?

Yes — many brokerages retain Property Counsel for ongoing support, which is far more efficient than engaging counsel for the first time in the middle of a dispute.

The Property Counsel Standard

“Built on legal expertise. Strengthened by over 30 years of Ontario registrant and brokerage experience.”

Real estate law, only

We practise exclusively in real estate — brokerage operations, TRESA compliance, and everything in between.

Proactive, not reactive

The brokerages we support don’t wait for problems to arise. We help you stay ahead of compliance obligations before they become issues.

Direct access to your lawyer

Your file is handled by a licensed lawyer from start to finish — not a paralegal or junior clerk.

Transparent on cost

We discuss fees before we start. You know what you are committing to before the work begins.

Legal support for your brokerage
starts here.

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Disclaimer: The content on this page is for general information purposes only and does not constitute legal advice. Reading this page does not create a lawyer-client relationship. For advice specific to your situation, contact Property Counsel or your own legal counsel. Property Counsel makes no representations as to the accuracy, completeness, or currency of the information provided. Content reflects the law as of its publication date and may not reflect subsequent legal developments.