SERVICED AND REPRESENTED BY A BROKERAGE CONTRACT - PURCHASE

 

The business model of the real estate agency ZAX is to promote and defend the interests of buyers/investors with whom it has a duly signed Brokerage Contract - Purchase or to serve unrepresented buyers/investors with impeccable service and, above all, fair treatment.

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In this context, like all other forms from the OACIQ, the Brokerage Contract - Purchase is designed to ensure you maximum protection while clearly identifying the foundations on which I will operate, such as budget, timelines, property type, and the compensation that will eventually be paid to me upon completion of a transaction.

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During a transaction with a seller represented by a real estate broker, if applicable, the buyer will cover the difference between what the seller's broker offers the collaborating broker as shared compensation and what our Brokerage Contract - Purchase stipulates.

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In the case of a transaction with a seller not represented by a real estate broker, my agency will invoice the buyer/investor directly according to the terms outlined in our Brokerage Contract - Purchase. The specific terms will be confirmed during our preliminary meeting.

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FINANCING THE COMPENSATION DUE BY THE BUYER

It is very important to note that under the financing policy of CMHC (Canada Mortgage and Housing Corporation), my compensation can be included in the financing of your purchase, as long as the amount of this compensation is provided for in the promise to purchase, and that the total purchase price, including the compensation, does not exceed the market value of the property.

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DOUBLE REPRESENTATION IS PROHIBITED

It is also essential to understand that since June 10, 2022, double representation is prohibited in Quebec.

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This means that when a real estate broker has a brokerage contract with both parties (buyer and seller or landlord and tenant), they find themselves in an exceptional, unforeseen, or unpredictable situation of double representation. The real estate broker cannot fulfill their ethical obligations to promote and protect the interests of both clients or act with loyalty toward them, as their interests are opposed. This is why double representation is prohibited.

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From the moment a license holder is bound to their client by a brokerage contract, they represent that person. They cannot, under any circumstances, act against the person they represent. They also cannot disclose confidential or strategic information about this party or the intended transaction unless they have written authorization from the person they represent.​​

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WHEN NOT REPRESENTED BY A BROKERAGE CONTRACT

If our business relationship is not bound by a Brokerage Contract - Purchase, you will still receive excellent service and be treated fairly and objectively.

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According to the OACIQ, fair treatment in real estate brokerage means that an unrepresented buyer client must be treated fairly, impartially, and without favoritism. This means, among other things, that the seller's broker must provide quality services while primarily respecting the rules of integrity and confidentiality toward their client, the seller. While the seller's broker must ensure the unrepresented buyer receives objective and complete information, let me be very clear: the seller's broker has a contractual obligation to ensure that only the interests of their client, the seller, are prioritized.

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THE SELLER'S PRIORITY IN A SIGNED CONTRACT

In a scenario where a seller has signed a Brokerage Contract - Sale with a real estate broker, this means that the broker will strive to obtain the best price and terms possible for the seller. The buyer, in this case, will only receive objective information from the broker, as their duty is to prioritize the seller's interests exclusively.

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RECOMMENDATION FOR BUYERS AND INVESTORS

As a buyer and investor, it is recommended that you secure equal representation during a negotiation involving hundreds of thousands or even millions of dollars to ensure your own needs and objectives are fully taken into account. This is where I come in, as a broker working exclusively for my buyer and investor clients. If you choose to retain my services through a Brokerage Contract - Purchase, I will focus exclusively on representing, promoting, and defending your interests—not those of the seller.