Understanding Agency Relationships in Saskatchewan Real Estate: A Clear Guide for Buyers & Sellers

Buying or selling real estate in Saskatchewan is a major decision—one that involves legal responsibilities, representation frameworks, and professional duties. The Agency Disclosure – Form 205 exists to help consumers clearly understand how agency relationships work and what they can expect from a REALTOR®. Whether you’re buying, selling, or just starting to explore the market, knowing what role your REALTOR® plays is essential. 


What Is an Agency Relationship?

Agency is a legal relationship formed when a consumer authorizes a REALTOR® to act on their behalf—and the REALTOR® agrees. Importantly, the agency relationship is not just with the individual REALTOR®, but with the entire brokerage, which includes all salespeople and branch offices. 


Types of Agency in Saskatchewan

1. Seller’s Agency

In Seller’s Agency, the brokerage represents only the seller’s interests. This relationship is formally established through the Seller’s MLS® Brokerage Contract.
A Seller’s Brokerage must:

  • Follow the seller’s lawful instructions

  • Put the seller’s interests first

  • Disclose all relevant facts

  • Keep personal/financial information confidential

  • Protect documents and funds

  • Exercise reasonable care and diligence


2. Buyer’s Agency

Buyer’s Agency means the brokerage represents only the buyer. This may be formed verbally or in writing, most commonly through an Exclusive Buyer’s Brokerage Contract.
A Buyer’s Brokerage must:

  • Obey the buyer’s lawful instructions

  • Promote the buyer’s best interests

  • Disclose all facts influencing decisions

  • Maintain confidentiality

  • Keep documents and funds secure

  • Exercise care and diligence


3. Limited Dual Agency

Limited Dual Agency occurs when the same REALTOR®, or two REALTORS® from the same brokerage, represent both the buyer and seller in a transaction. Because duties of loyalty and confidentiality can conflict, a strict set of limitations applies:

  • No disclosure of buyer or seller motivations unless authorized

  • No revealing the price a party may accept outside of the written offer

  • No preferential advocacy for either side

  • No disclosure of personal/financial details without written consent

  • Material property defects must still be disclosed

Dual agency must be disclosed to:

  • The buyer before preparing an offer

  • The seller before presenting that offer


When No Agency Exists: Customer Service

A brokerage may assist a consumer without representing them through a Customer Service Agreement. In this case, the REALTOR® provides:

  • Honest, fair dealings

  • Helpful information

  • Non-advocacy support
    This allows consumers to receive assistance without entering a full agency relationship. 


Why It Matters: Honesty, Integrity & Professional Standards

REALTORS® follow a strict Code of Ethics requiring early disclosure of who they represent and how they will assist. This ensures transparency, professionalism, and trust—cornerstones of every real estate relationship

 

FAQs

What is an agency relationship in real estate?

An agency relationship is a legal agreement where a REALTOR® is authorized to act on behalf of a buyer or seller through their brokerage.

Do I work with the individual REALTOR® or the brokerage?

Agency is legally between you and the entire brokerage, including all its salespeople and branch offices.

What is Limited Dual Agency?

It occurs when the same brokerage represents both buyer and seller, with strict rules limiting disclosure and advocacy.

Can a REALTOR® give me advice without forming agency?

Yes. Under a Customer Service Agreement, a REALTOR® may provide assistance without full representation.

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