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Conflicts of Interest

joan0379
Apr 10
2 min read

Did you know this ?


Scenario.

-Listing agent for a seller gets a conditional offer accepted from a buyer(Condition to selling the buyer'shouse)

-Agent goes ahead and lists that buyer's house also.


Under the current framework from OACIQ, a broker cannot represent both parties in a transaction where there is a conflict of interest


Why this situation is a conflict

If the listing broker:

  • Represents the seller of the listed property

  • Then the unrepresented buyer makes a conditional offer

  • AND the listing takes on the listing of the buyer’s property


They are now financially and strategically tied to:

  • Getting the seller the best price and terms

  • Helping the buyer get their offer accepted

  • Selling the buyer’s property quickly (to make the condition work)


Those interests pull in different directions, which creates a real conflict—not just a theoretical one.


What the rules require

In Quebec’s current regime:


  • The broker must identify the conflict of interest


  • They must stop representing one of the parties in the transaction


  • They generally have to choose one of these paths


  • Continue representing the seller only, and refer the buyer to another broker


  • Represent the buyer, and step away from the seller’s listing


  • Stay within the same agency, but another broker takes over one side (internal separation)

They can’t simply proceed as a dual representative in this kind of situation just with disclosure—that’s the key difference from older practices.


Important nuance

  • The conditional offer itself is perfectly legal (sale of buyer’s property condition ✅)

  • The issue is specifically who represents whom when the same broker tries to be involved on all sides


Bottom line

✔ The offer structure is allowed❌ The same broker handling seller + buyer + buyer’s listing = not allowed due to conflict➡️ One side must be reassigned or the broker must withdraw from part of the deal


Did you know this ?


Love to hear your comments

 
 
 

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