What is a buyer agency agreement in Saskatchewan?

A buyer agency agreement is a written contract between a buyer and a real estate brokerage. It outlines the services the brokerage will provide, including property searches, showings, negotiations, and due diligence, and specifies how the broker will be compensated.

What is dual agency in Saskatchewan real estate?

Dual agency occurs when the same brokerage represents both buyer and seller in the same transaction. Saskatchewan requires written informed consent from both parties before an offer is presented, and the agent cannot advocate exclusively for either party.

Do I need a written agreement to work with a real estate agent in Saskatchewan?

Yes. Under SREC bylaws, all service agreements must be in writing and signed. They must include the date, parties, property or services covered, commission terms, duration, and cancellation clauses. Verbal agreements are not enforceable for agency relationships in Saskatchewan.

What is Agency Disclosure Form 205 in Saskatchewan?

Form 205 is the standard agency disclosure form required by SREC. Before any offer is made, the agent must provide this form explaining the types of agency relationships available and confirming which applies, along with duties including confidentiality, loyalty, full disclosure, and reasonable care.

BUYER AND SELLER REPRESENTATION AGREEMENTS

Real Estate Buyer and Seller Representation Agreements in Saskatchewan

Q: What is a listing agreement in Saskatchewan?

A listing agreement authorizes a brokerage to market and sell a property on the seller's behalf. It sets the listing price, commission structure, and terms, and creates a formal seller agency relationship with fiduciary duties owed exclusively to the seller.

An in-depth guide to understanding buyer agency agreements, seller listing agreements, and the disclosure and compensation rules that govern real estate transactions in Saskatchewan.

When you buy or sell a home in Saskatchewan, the real estate professional you work with operates under a specific type of agency relationship. That relationship is defined by a written agreement between you and the brokerage, and it determines whose interests the agent represents, what duties they owe you, and how they get paid.

In Saskatchewan, the Saskatchewan Real Estate Commission (SREC) regulates agency relationships under The Real Estate Act. Every registrant must disclose their agency relationship in writing before any offer is made, using the standard Agency Disclosure — Form 205 or a similar approved form.

KEY DIFFERENCES

Buyer Agreement vs Seller Agreement

BUYER REPRESENTATION

Buyer Agency Agreement

Outlines services the buyer’s broker will provide — property searches, showings, negotiations, due diligence. Specifies the buyer’s broker compensation and who is responsible for paying it. Saskatchewan requires a signed service or buyer agency agreement before or at the time an offer is made.

SELLER REPRESENTATION

Listing Agreement

Authorizes the listing brokerage to market and sell the property on the seller’s behalf. Sets the listing price, commission structure, and terms. The listing agreement creates a seller agency relationship: the agent and brokerage owe fiduciary duties exclusively to the seller.

DUAL AGENCY

Both Buyer and Seller

When the same brokerage represents both buyer and seller in the same transaction, the broker must obtain written informed consent from both parties. In Saskatchewan, dual agency must be disclosed and agreed to before any offer is presented. Limited duties apply, as the agent cannot advocate exclusively for either party.

WRITTEN AGREEMENTS

Must Be in Writing

Under SREC bylaws, all service agreements must be in writing and signed. They must include the date, the parties involved, the property or services covered, the commission or remuneration terms, the duration of the agreement, and a cancellation or renewal clause. Verbal agreements are not enforceable for agency relationships in Saskatchewan.

REGULATORY FRAMEWORK

Saskatchewan Regulations and Requirements

Agency relationships in Saskatchewan are governed by The Real Estate Act and the bylaws of the Saskatchewan Real Estate Commission (SREC). Every real estate registrant (salesperson, associate broker, or broker) must comply with these rules.

Agency Disclosure — Form 205. Before you make or accept an offer, your agent must give you a completed Agency Disclosure form. This form explains the types of agency relationships available — seller agency, buyer agency, and dual agency — and confirms which relationship applies to your situation. It also outlines the duties the registrant owes you, including confidentiality, loyalty, full disclosure, and reasonable care and skill.

Service Agreements. SREC Bylaw 733 specifies what every service agreement must contain: the names and signatures of the parties, the date of the agreement, a description of the real estate or services, the remuneration (commission) terms, the agreement’s duration, any cancellation provisions, and a statement that the agreement is binding. Both buyer and seller agreements must meet these requirements.

Who Must Be Licensed. Only individuals registered with SREC may engage in the trade of real estate or hold themselves out as real estate professionals in Saskatchewan. Working with an unlicensed individual voids any claim for commission and creates significant legal risk for all parties.

COMPENSATION

Compensation and Disclosure Rules

One of the most important things every buyer and seller agreement must do is clearly state the amount or rate of commission and how it will be paid. In Saskatchewan, compensation terms must be set out in the written service agreement and cannot be collected without a signed agreement in place.

Seller Agreements (Listing Agreements). The listing agreement sets the commission the seller agrees to pay the listing brokerage. This is typically a percentage of the sale price or a flat fee, and may include an offer of cooperation to a buyer’s brokerage. The seller must understand what services the commission covers and when it is earned (e.g., upon the successful closing of the sale).
Buyer Agreements (Buyer Agency Agreements). The buyer agency agreement must disclose the amount or method of calculating the buyer’s broker’s compensation. It also must specify whether the compensation will be paid by the buyer, the seller (through the listing brokerage as a cooperating offer), or a combination of both. The buyer’s agreement cannot leave compensation terms blank or vague — clarity is required by SREC bylaws.
Disclosure When No Agreement Exists. Even if a buyer chooses not to sign a representation agreement, the registrant must still provide an Agency Disclosure form before any offer is made. Without a signed service agreement, however, the registrant generally cannot claim commission for services provided to the buyer.

WHY IT MATTERS

Why Representation Agreements Matter

Representation agreements exist to protect both you and the real estate professional you work with. Before you start working with an agent — whether you’re buying or selling — here’s what a written agreement does for you:

Clarity. You know exactly what services the agent will provide, what duties they owe you, and what you can expect from start to close.
Compensation certainty. The agreement sets the commission terms in writing, so there are no surprises at the closing table about who pays what and when.
Fiduciary duties. A signed agreement creates a formal agency relationship. Your agent owes you confidentiality, loyalty, full disclosure, and reasonable care. Without an agreement, those duties may not exist or may be significantly limited.
Legal compliance. Under Saskatchewan law, registrants must have a signed agreement before they can collect commission. Working with a signed agreement ensures you are dealing with a properly licensed professional who is accountable to SREC.
Protection from dual agency conflicts. A written agreement makes it clear which party the agent represents and ensures that dual agency situations are disclosed and consented to in writing before they arise.

Whether you’re buying your first home, selling a property, or looking to start a real estate career, understanding representation agreements is essential. Your agent should walk you through every term — and if something isn’t clear, ask.

YOUR BROKERAGE PARTNER

CENTURY 21 Fusion

At CENTURY 21 Fusion, we train our agents to handle representation agreements with total transparency. Every agent in our brokerage understands Saskatchewan’s agency rules inside out — because proper representation protects both our clients and our reputation.

If you’re an agent looking for a brokerage that invests in compliance, training, and ethical practice, CENTURY 21 Fusion is where you belong. Our team gets hands-on training on agency disclosure, SREC regulations, and client communication, so you can serve buyers and sellers with confidence from day one.

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