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📁 Case #001: Access Denied Unless Buyer Signed Representation Agreement

Category: Buyer Rights
Region: York/Durham
Date of Incident: July 2025
Status: 🟡 RECO Complaint Filed
Complaint Ref #: 2025070520

Summary

Summary

A self-represented buyer attempted to book a showing for a property listed publicly on REALTOR.ca. After submitting an inquiry, the listing agent responded with property details and additional marketing offers. The next day, the buyer phoned the agent to request a showing and clearly stated they would not be signing a Buyer Representation Agreement (BRA) or using another agent, as they had purchased multiple properties independently in the past.

The agent refused to confirm a showing unless a BRA was signed or another agent was involved. Later that day, the agent followed up with a Docusign link requesting signature on a limited-scope BRA for the property, along with the RECO Information Guide.

The buyer replied by email, clearly invoking their legal right to self-represent under Ontario law. The agent reiterated that they would not show the property unless the buyer was represented, citing Form 244 — a document meant to guide seller instructions regarding property access and offer presentation. The buyer filed a complaint with RECO and is awaiting response.

⚠️ Key Issues

  • Denial of access based on refusal to sign a BRA

  • Use of Form 244 to block self-represented buyers

  • Pressure to enter a legal agreement without informed consent

  • Potential violation of TRESA (Trust in Real Estate Services Act)

📎 Supporting Documentation

  • Email correspondence and timestamps

  • Docusign links requesting BRA signature

  • Screenshots of agent's written refusal

  • Formal complaint submitted to RECO with full record

⚖️ Legal Concerns

TRESA permits buyers to self-represent. A BRA is optional, not mandatory. Agents cannot compel representation as a condition of viewing a listed property. Misuse of Form 244 to systematically block buyers who decline contracts raises questions of discrimination and gatekeeping.

🔍 Current Status

  • RECO complaint under review

  • Agent has been asked to respond

  • Investigation timeline: approx. 4–6 months

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