Understanding the Seller’s Brokers Contract (In Plain Language) (2026)

Most Quebecers spend more time choosing a restaurant than choosing the agent who will represent them in the biggest financial transaction of their life.

Then they sign the Seller’s Brokers Contract contract they haven’t read, locking themselves in for months, with someone they’ve barely vetted.

However, according to the National Association of Realtors, a good listing agent adds an average of $55,000 more to a home sale than a mediocre one. Which means the decision most people make quickly, and without must thought can cost them tens of thousands of dollars.

In this article we will cover:

• What is the Broker Contract For Sale?
• What are the different types of brokers contract for sellers?
• What are exclusive vs non-exclusive brokers contract?
• What are the standard terms in the brokers contract?
• Which terms can you modify in the broker’s contract?
• How to terminate the contract with your broker
• Is it possible to sell your house without a broker?

What is the Broker Contract For Sale?

A Brokers Contract – For Sale is a legal agreement between you and a real-estate broker. This contract allows the broker to act as an intermediary… It can be either exclusive or non-exclusive contract and, will depend on the type of property that you are planning to sell. For instance, a mostly detached or semi-detached houses vs divided condos and so on.

The Brokers Contract – For Sale contract outlines the broker’s responsibilities, the terms of representation, and any commission or fees you will pay.

What are the different types of brokers contract for sellers?

The OACIQ (Quebecs real-estate regulator) outlines four different categories of Broker Contract – For Sale. These are outlined in the table below. Notice that each category has the option for either exclusive or non-exclusive representation by the broker. For a complete list of the official contract templates, check out the OACIQ website.

Official OACIQ Contract Category	Plain-Language Explanation	Examples
Residential (less than 5 dwellings, excluding co-ownership)	Exclusive or non-exclusive contract to help sell small residential properties you own entirely.	Detached house (1 unit), Semi-detached (2 units), Triplex (3 units), Fourplex (4 units)
Divided co-ownership (fraction of a chiefly residential immovable)	Exclusive or non-exclusive contracts to help sell condo or townhouse unit you own individually in a co-owned building.	Condo unit, co-owned townhouse
Undivided co-ownership (share of a chiefly residential immovable)	Exclusive or non-exclusive contract to help sell share of a property you co-own jointly with others (no separate unit).	Co-owned house or building
Specialized contracts (commercial, agricultural, industrial)	Exclusive or non-exclusive contracts to help sell non-residential properties.	Office building, store, warehouse, farm

The OACIQ creates the official brokerage contracts listed above. The law requires that you to use these.

• You cannot rewrite the form from scratch
• You cannot delete the required sections
• You cannot use your own version of the contract

However, brokers can add clauses or modify certain parts with strict limits. For instance, brokers are able to:

1. Add “clauses” or “addendum” sections. However, these must not contradict the mandatory protections of the Brokerage Act or the official OACIQ form.
2. Modify variable fields such as price, inclusions, exclusions, dates, fees, and so on. These variable fields allow you to either check/uncheck boxes or enter free text.

The idea behind having standardized broker contracts is to protect the consumers. As such, if a broker adds an illegal or unfair clause, the OACIQ will treat it as misconduct.

What are exclusive vs non-exclusive brokerage contracts?

An exclusive brokerage contract is one where your broker has the right to act as the sole agent during the sale process. This means only the broker can sell your property. In this case, you cannot sell the property yourself or work with another realtor.

By contrast, a non-exclusive brokerage contract gives you the flexibility to work with another realtor or, to find a buyer yourself. In this case, you can sign with another broker, but you must inform your existing realtor. In addition, you must offer the property for sale under the same terms and price that you offered to the original realtor.

What are the standard terms in the brokers contract?

All brokers contracts have the following sections:

Section 1: Identification of the parties

The brokerage contract must clearly identify everyone involved: the agency, the broker, the owner(s), and any authorised representatives. Both the broker and the client may request to verify each other’s identity using acceptable government-issued documents such as a passport, driver’s licence, or health insurance card.

Section 2: Object and term of the contract

This section confirms that you are retaining the exclusive services of the broker identified in the previous section. It is also where the term (length) of the contract is entered, as agreed to with your broker. If no date or time is entered, the contract expires 30 days after signing.

Section 3: Summary and description of the immovable

The brokerage contract must include the property’s address, cadastral description, and lot size. For undivided co-ownership, it must indicate the share being sold, any exclusive-use areas, and whether the area on the certificate of location is gross or net. For divided co-ownership (condos), it must specify the cadastral description of the private portion and clarify the status of any parking or storage spaces (private, common, or restricted-use). Your broker is responsible for ensuring all this information is accurate.

Section 4: Price and terms of sale

The brokerage contract must clearly state the asking price and sale conditions. Your broker will advise on the market using comparable properties and factors that affect value, such as location, size, age, condition, layout, materials, landscaping, and special features. Any changes to the price after signing require a signed amendment. (Note: items are normally sold “without legal warranty”.)

Section 5: Signing the deed of sale and occupancy

The brokerage contract must specify the dates for signing the deed of sale and for the buyer to take occupancy. The buyer can propose different dates in their promise to purchase, but you must approve any changes, and these dates can be negotiated with the buyer at the appropriate time. Setting these dates in advance helps both parties plan, but they are flexible and only become binding once the sale is completed.

Section 6: Information dissemination service

If you want to use a particular information dissemination service, you can specifiy this in the contract. For maximum exposure for your property, your broker can list it on Centris (Quebec’s MLS). This system shares your listing with all licensed brokers and can also make it visible to the public on sites like Realtor.ca.

Section 7: Renumeration

The amount that you will pay your broker must be specified in the brokerage contract. The contract must also indicate the percentage or amount that your broker undertakes to share with any other broker collaborating in the transaction. Normally sellers will charge 4% commission and split this commission 50/50 with a buyers broker. If the broker that you hire does not offer a fair split, this can deter buyer brokers from proposing your property to their clients. The OACIQ specifically state that: “The sharing scheme proposed by your broker must be reasonable so as not to deter other brokers from proposing your property to their clients”. Therefore if the broker refuses to split commission or offers a split that is too low (say 1% or lower), this could be considered unethical or non-compliant.

Section 8: Declarations and objections of the seller

In this section, the seller makes some standard declarations. These include, confirmation that you are the owner of the property, that the property it is not under contract with another broker, and that you meet Canadian residency requirements for tax purposes. You also agree to your main obligations as a seller. These obligations depend on the type of contract that you are signing (either exclusive or non-exclusive). However, they include that you must provide your broker with all necessary documents, allowing your broker (and authorized cooperating brokers) to advertise and show the property. It also states if you are allowed to market and sell your property by yourself or through another broker.

Section 9: Obligations of the agency and the broker

This section outlines the best practices your broker and, if applicable, their agency, agree to uphold under the Real Estate Brokerage Act. These include carrying out the objectives of the contract loyally, diligently, and competently.

Section 10: Change affecting the agency or the broker bound by a brokerage contract

This section explains what happens if your broker or their agency changes while your contract is active. For example, if your broker leaves the agency or retires, the agency may assign a new broker to handle your property. In some cases, you may have the option to adjust or end the contract.

Section 11: Other declarations and conditions

This section covers any additional information or special terms that don’t fit in the other parts of the contract. It may include legal declarations, unusual property conditions, or agreements specific to your sale. The section records all important details about your property and make them legally binding.

Section 12: Annexes

Your broker must attach the Sellers Declaration as an annex to the brokers contract. The OACIQ recommends that the broker work with the seller to complete the Sellers Declaration before signing the broker contract. This will allow the broker to get a thorough understanding of the property before advising on a price.

Section 13: Annexes

This section explains how to interpret the terms of the brokerage contract. For instance, the laws of that govern the contract are the laws of Quebec. This is the case even if you live outside of Quebec.

Section 14: Annexes

In this section, you can read how sellers and brokers can resolve disputes using conciliation, mediation, or arbitration without going to court. Mediation requires you to hire a legal professional (normally a lawyer, judge, or retired judge) who will help to resolve any dispute. You will then need to attend mediation sessions with the legal professional and the realtor to discuss the dispute. Both you and your realtor will split the cost for mediation which typically range from $5,000 – $20,000.

While mediation can be an effective way to resolve disagreements, the outcome is not legally binding. If the parties cannot reach a settlement, either side may choose to escalate the matter to arbitration.

Unlike mediation, arbitration is a formal legal process that results in a binding decision. Both parties may retain legal counsel and present evidence to support their position. The arbitrator will then review the facts and issue a decision that both sides are generally required to follow.

For this reason, it is important to carefully evaluate any brokerage contract before signing. Resolving disputes after the fact can be time-consuming, stressful, and potentially expensive.

Section 15: Signatures

Before you sign the brokerage contract, make sure that you understand it fully. Once the contract has been signed, it is difficult to break the contract without the consent of your realtor.

Which terms can you modify in the broker’s contract?

Neither you nor the broker can change the contract in ways that alter the legal obligations set by the Real Estate Brokerage Act. However, you can negotiate certain parts of the brokerage contract. The parts you can negotiate include:

1. Asking price – You can change the listing price after signing the contract; your broker will document this using the mandatory amendment form.
2. Marketing options – You can choose which marketing channels or services to use (e.g., staging, photos, MLS vs. FSBO listing).
3. Commission or remuneration (sometimes) – In some contracts, the broker may agree to adjust commission, especially if you change services or marketing requirements.
4. Duration of the contract – Depending on the contract type, you may negotiate the end date or add clauses for early termination.
5. Occupancy date / closing date – The seller and buyer can often modify the occupancy and closing dates if they both agree.
6. Inclusions / exclusions – The seller and the buyer can add or remove items included in the sale (appliances, fixtures, furniture) through amendments.

How to terminate the contract with your broker

You must follow your obligations under the brokerage contract as soon as you receive a signed copy from both you and your broker. However, you have the right to cancel the contract within three days of receiving it. This is called the “right of withdrawal”. It protects you, and the broker cannot waive it. To cancel the contract during this period, you can send an email, clearly explaining that you are exercising your right of withdrawal.

After three days has passed, you can usually terminate the contract before its end date. However, in most brokerage contracts, there is usually a clause covering marketing costs and early termination. This is because brokers often spend money upfront on things like professional photos, staging, or listing services. Therefore, if you cancel the contract, you must reimburse the broker for any marketing costs already spent.

In the case where there is no end date specified, canceling your contract normally depends on if you have an non-exclusive or exclusive contract with the broker. With a non-exclusive contract, you can usually end the broker’s services at any time. This is because the broker is not guaranteed a commission. However, you should still notify the broker in writing. By contrast, with an exclusive contract, you remain bound until the broker’s services end or both agree to terminate. Ending it without consent may breach the contract, and the broker could still earn a commission if the property sells soon after.

The broker, on the other hand, cannot stop providing their services before the contract ends unless there are serious reasons. For example, if you refuse to cooperate or do things that prevent them from fulfilling their side of the contract or maintaining their ethics.

Is it possible to sell your house without a broker?

Direct sales by owners have always competed with sales by brokers. In recent years, for-sale-by-owner (FSBO) companies have emerged. These companies allow sellers to pay a fixed fee to list and market their home. This fee is typically much lower than a traditional commission. As a result, FSBO services aim to help sellers save money, especially if their home sells for a high price.

However, FSBO companies may not list properties on the MLS, which can limit exposure to potential buyers. As a result, demand may be lower. Some studies suggest that homes sold through FSBO services can make up to 15% less than similar properties sold with a professional realtor. The cost of this is substantially higher than the realtors commission.

Final remarks

Signing a brokerage contract is a significant step. You are making a legal commitment to another person and that person is also making a commitment to you. The contract clearly outlines what each party is responsible for. Beyond the contract itself, brokers must follow OACIQ rules, and you as a seller must act in good faith.

Once you sign, ending the contract isn’t always simple. Your broker will expect you to respect the agreement just as you expect them to fulfill their obligations to you. In most cases, both parties must follow the terms for the full duration unless one clearly breaches the contract or both agree to end it early.

For this reason, take the time to carefully choose the broker you work with. Make sure you fully understand the terms of the contract and what other options are available to you.

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