Understand how to use the Agreement Regarding Conflict of Interest Between Clients.

1. Agreement Regarding Conflict of
Interest Between Clients
A Guide for Licensees

2. Agenda
1. Who Must Make this Disclosure?
2. Overview
3. Understanding the Agreement
4. Definitions of Terms in the Agreement
5. Using the Agreement

3. Who Must Make this Disclosure?
You can use this agreement when a conflict of interest exists between
two current clients, where continuing to act for both of them would
amount to “dual agency.”
Ifyou are licensed fortrading services:

4. Who Must Make this Disclosure?
If you are licensed for trading services:
You can use this agreement in situations such as:
a) Your buyer client wants to make an offer on your seller
client’s property.
b) Two different buyer clients ask to you help them make offers
on the same property.
You cannot use this form to resolve conflicts that would not amount to dual
agency (e.g. to resolve conflicts involving a former client and a current client).

5. Who Must Make this Disclosure?
You can use this form in situations such as:
a) Your tenant client asks you to help them lease your landlord
client’s property.
You cannot use this form to resolve conflicts that would not amount
to dual agency (e.g. to resolve conflicts involving a former client and a
current client).
Ifyou are licensed fortrading services and rental
property managementservices (appliestotradingservicesin
relationtorentalpropertyonly):

6. Who Must Make this Disclosure?
You do not need to make this disclosure
Ifyou are licensed forstrata managementservices:

7. Overview
This guide is intended to help licensees use the
Agreement Regarding Conflict of Interest Between Clients
with consumers.
The Agreement Regarding Conflict of Interest Between
Clients form is a mandatory Council-approved form and
may not be modified or altered.

8. Overview
The agreement allows licensees to resolve conflicts of interest
involving two existing clients, where continuing to act for both
clients would amount to prohibited “dual agency”.
“Dual agency” occurs when a licensee represents, in a single
transaction, two or more parties who have conflicting interests,
such as:
• A buyer and a seller
• A buyer and a buyer
• A lessor and a lessee, or
• An assignor and an assignee.

9. Overview

10. Overview
a) Your buyer client wants to make an offer on your seller
client’s property.
b) Two different buyer clients ask you to help them make
offers on the same property.
c) Your tenant client asks you to help them lease your landlord
client’s property.
Some examples of conflictsthat would amount to dual
agencyinclude:

11. Overview
If a licensee is faced with one of these conflicts, there are
two options:
Option 1: Stop representing both clients and refer each of
them to other licensees.
Option 2: Continue representing one of the clients, and stop
representing the other client, but only if both clients agree
in writing using the Agreement Regarding Conflict of Interest
Between Clients.

12. Overview
If either client decides NOT to
sign the agreement, the licensee
must stop acting for BOTH clients.

13. Understanding the Agreement
1) An information piece for consumers called “Conflicts of
Interest: Understanding Your Options”
2) Details about the parties involved, and the specific
nature of the conflict of interest, and
3) Mandatory signature sections that must be completed
by all of the parties involved in the agreement in order
for the agreement to take effect.
The AgreementRegardingConflictof InterestBetween
Clients contains three keysections:

14. Understanding the Agreement
Section 1: The purpose of the first section (Conflicts of
Interest: Understanding Your Options) is to explain to the
consumer why, when a conflict of interest arises between
two current clients of a licensee, the licensee is not allowed
to continue representing both clients.

15. Understanding the Agreement
This information section explains that when a licensee is
faced with a conflict of interest between current clients, the
licensee must either:
1) Stop acting for both clients and refer each of them to
other licensees who will represent their interests in the
transaction, or
2) Ask both clients to sign the Agreement Regarding
Conflict of Interest Between Clients, so that the licensee
can continue to represent one client and release the
other client.

16. Understanding the Agreement
This section also includes:
• A description of the duties and responsibilities the licensee will no
longer have to the Released Client
• A statement that the licensee may have confidential information
about the Released Client, and that the licensee is prohibited from
disclosing any of that information
• A statement that the advice and information that the licensee may
provide to the Continuing Client may be limited due to the licensee’s
ongoing duty to maintain the confidentiality of the information of the
Released Client, and
• A recommendation that both clients seek independent professional
advice.

17. Understanding the Agreement
Section 2: The second section of the agreement begins on
page 3. This section can be filled out by the licensee and
the clients with information identifying:
• the continuing and released clients,
• the property, and
• the nature of the conflict that the licensee is disclosing.

18. Understanding the Agreement
Section 3: The third section of the agreement begins on
page 5. This is the signature section, where, if all parties
agree, the agreement form should be signed and dated.
This section also includes an advisory encouraging both
clients to seek independent professional advice before
signing the agreement, and a privacy notice.

19. Understanding the Agreement
Agency: a type of relationship where the agent has the
authority to represent and act for the consumer in dealing
with others.
Continuing Client: client who, if the Agreement Regarding
Conflict of Interest Between Clients is signed by both clients,
will continue to be represented by the licensee in the
transaction.
Client: the principal who has engaged the licensee to
provide real estate services to or on behalf of the principal.
Definitions of Terms in the Agreement

20. Understanding the Agreement
Conflict of interest: a situation where there is a substantial
risk that the agent’s representation of a client would be
negatively affected by the agent’s own interests or by the
agent’s duties to another current client, a former client, or a
third party.
Confidential Information: any information about a client
that is not available to the public. That can include the
client’s finances, personal situation, motivations or needs.
Definitions of Terms in the Agreement

21. Understanding the Agreement
Dual Agency: the representation, in respect of a trade in real
estate, by the brokerage of the following:
• both the seller and the buyer as clients;
• both the lessor and the lessee as clients;
• both the assignor and the assignee as clients;
• 2 or more buyers, lessees or assignees, as the case may
be, as clients who have conflicting interests in respect of
the trade in real estate;
Definitions of Terms in the Agreement

22. Understanding the Agreement
Released Client: client who, if the Agreement Regarding
Conflict of Interest Between Clients is signed by both clients,
will no longer be represented by the licensee in the
transaction.
Unrepresented Party: a party to the trade in real estate who
is not a client of a licensee for the trade in real estate.
Definitions of Terms in the Agreement

23. Using the Agreement
Step 1: Prepare the Agreement for Presentation to Each Client
Before presenting the form to a client, fill out the appropriate
Name field on page 2. This will help to ensure that the client is
fully informed about the services they can expect to receive if
they sign the agreement form.
On page 4 of the agreement, use the checkboxes to show
the nature of the conflict (see item 1 under Agreement). This
will help the client to understand what has led to the need
for the agreement.

24. Using the Agreement
Do the same for the other client. Depending on the
situation, you may use the same agreement form with both
clients, or you may use separate forms in cases where clients
may not wish for the other client to see their personal
information (such as two competing buyers).

25. Using the Agreement

26. Using the Agreement
Step 2: Discuss the Form with Each Client
Take time to review the form with each of your clients
and discuss any questions or concerns they may have.
Explain any unfamiliar terms using the definitions
included in this guide.

27. Using the Agreement

28. Using the Agreement
Step 3: Invite Each Client to Sign the Agreement
If one of the clients chooses not to sign the agreement,
you must stop acting for both clients and refer each client
to other real estate professionals who will represent their
interests in the transaction. In this situation, you cannot
deal with either of the former clients as unrepresented
parties in the transaction.

29. Using the Agreement
If both clients sign the agreement, you should then refer the
Released Client to another licensee who can represent the
client in the transaction. Although you may deal with the
Released Client as an unrepresented party if the Released
Client chooses not to seek other representation, you should
first carefully consider the risks of doing this.

30. Using the Agreement

31. Using the Agreement
Step 4: Submit the Agreement to Your Brokerage Promptly
You do not need to provide a copy of the Agreement
Regarding Conflict of Interest Between Clients to the Council
unless it is specifically requested.

32. QUESTIONS??