Real Estate Brokerage Contract — Contrat (Quebec)

A Quebec real estate brokerage contract (contrat de courtage immobilier) is a formal legal agreement between a client — typically a property seller, buyer, or landlord — and a licensed real estate broker or brokerage firm, whereby the client retains the broker to provide professional real estate brokerage services in connection with a specific property transaction. Real estate brokerage in Quebec is a heavily regulated profession governed by the Real Estate Brokerage Act (Loi sur le courtage immobilier, RLRQ c. C-73.2), which was substantially modernized in 2010, and by the regulatory framework established by the Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ). All persons who practice real estate brokerage in Quebec — including listing, selling, purchasing, leasing, or financing real property on behalf of others — must hold a valid broker's licence issued by the OACIQ. The OACIQ monitors compliance, investigates complaints through its Bureau du syndic, and has the power to impose disciplinary sanctions, revoke licences, and refer cases for criminal prosecution. The brokerage contract defines the legal relationship between the client (who acts as the mandant) and the broker (who acts as the mandataire), governed by the provisions of the Code civil du Québec on mandate (arts. 2130 to 2156 C.c.Q.). This mandate framework means the broker acts on behalf of the client and owes the client fiduciary-like obligations of loyalty, information, and diligence. The fundamental obligation of good faith under article 1375 C.c.Q. applies throughout the relationship. A properly structured Quebec brokerage contract specifies the type of mandate (exclusive or non-exclusive), the property being listed or purchased, the asking price, the broker's commission, the duration of the mandate, the obligations of both parties, the MLS listing authorization, the post-expiry commission clause, and the governing law. A real estate agency contract in Quebec is a formal agreement governed by the Real Estate Brokerage Act (REBA, RLRQ, c. C-73.2) and the regulations of the Organisme d'autoregulation du courtage immobilier du Quebec (OACIQ), as well as the Civil Code of Quebec (CCQ). Under this contract, a property owner (principal) grants a licensed real estate broker or agency the authority to act as their agent in marketing, negotiating, and facilitating the sale, purchase, or rental of real property. Quebec's real estate brokerage industry is among the most heavily regulated in Canada, with strict licensing requirements, mandatory professional liability insurance, fiduciary duty obligations, and thorough disclosure rules imposed by the OACIQ on all brokers and agencies. The OACIQ's mandatory contract forms provide baseline consumer protections, but the terms of the agency relationship including commission rates, exclusivity periods, and marketing obligations are negotiable within the framework established by the REBA. A real estate agency contract defines the listing period, the agreed commission or remuneration, the broker's marketing obligations including use of the MLS Centris platform, and the conditions under which the commission becomes payable, including the circumstances of a holdover clause that may entitle the broker to commission if the property sells after the expiry of the listing to a buyer introduced during the listing period. The Civil Code of Quebec governs the underlying mandate relationship under arts. 2130-2185 CCQ, imposing duties of loyalty, disclosure, and accountability on the broker throughout the agency relationship. Exclusive buyer's representation agreements, where the buyer commits to work solely with one brokerage for a defined period, require careful drafting to confirm enforceability under Quebec law and compliance with the OACIQ's ethical rules governing buyer representation. The agency contract must also address the handling of the brokerage's remuneration in cooperative commission arrangements where the seller's brokerage and buyer's brokerage split the commission, including the required disclosure to all parties of such compensation structures.

A Quebec real estate brokerage contract is needed whenever a property owner wishes to retain the professional services of a licensed real estate broker to market and sell their property, or when a buyer retains a broker to assist in finding and purchasing a property. The brokerage contract is the foundational document of the broker-client relationship and must be entered into before the broker begins providing services. Under the Real Estate Brokerage Act (RLRQ c. C-73.2) and OACIQ regulations, the brokerage contract must be in writing to be enforceable. Specific situations requiring a brokerage contract include: selling a single-family home, condominium, multiplex, or commercial property through a licensed broker; engaging a broker to find rental properties; retaining a buyer's broker to represent you in the purchase of residential or commercial property; arranging for a broker to list your property on the Centris® MLS® system; and any situation where you wish to have formal, documented representation by a licensed professional in a real estate transaction. Even when selling property without listing on MLS® — for example, a private sale (vente sans agent) — if you engage any licensed broker to assist in any aspect of the transaction, a brokerage contract is legally required. The brokerage contract protects both parties: the broker knows they will be paid if the transaction is completed under the terms of the contract, and the client knows exactly what services they will receive, what the commission will be, and what the broker's obligations are. The OACIQ also requires that certain information be provided to the client before the contract is signed, including the general conditions of the contract, the broker's obligation to disclose conflicts of interest, and the client's right to file a complaint with the OACIQ. A real estate agency contract is required whenever a property owner in Quebec decides to engage a licensed broker to sell, purchase on their behalf, or lease their property. Residential homeowners selling their primary residence, vacation property, or investment property engage listing brokers under a seller's brokerage contract, defining the listing period, commission rate, and marketing strategy. Property investors acquiring commercial or investment properties use buyer's brokerage contracts to engage a licensed broker who will conduct property searches, arrange viewings, negotiate offers, and guide the due diligence process. Developers launching new residential, commercial, or mixed-use projects frequently engage real estate agencies under exclusive marketing agreements to sell pre-construction units to retail buyers or commercial tenants. Commercial landlords leasing office buildings, retail centers, or industrial properties retain commercial real estate brokers under exclusive listing agreements to source qualified tenants, negotiate lease terms, and manage the transaction from prospecting to lease signing. Property management companies that are also licensed in real estate brokerage offer combined property management and leasing services under agreements that integrate the brokerage contract with the ongoing management mandate. Institutional investors acquiring large income-producing properties such as apartment buildings, shopping centers, or office complexes require sophisticated brokerage agreements that address confidentiality, off-market deal flow, access to their acquisition criteria, and coordination with their legal and financial due diligence teams. Finally, estate administrators and liquidators disposing of inherited real property must engage licensed brokers under OACIQ-compliant contracts to fulfill their fiduciary obligations to estate beneficiaries. Tenant representation services, where a brokerage assists a commercial tenant in identifying suitable premises, negotiating lease terms, and managing the transaction with the landlord's broker, require separate tenant representation agreements that clearly define the broker's mandate, compensation source, and potential conflicts arising from dual agency situations where the same brokerage represents both the tenant and the landlord.

The key elements of a Quebec real estate brokerage contract include several essential components that define the professional relationship and protect both parties. First, the identification of the parties — the client(s) and the licensed broker or brokerage firm, including the broker's OACIQ licence number — establishes the legal parties to the agreement. Second, the property description — including the civic address, cadastral (land registry) description, property type, and asking price — identifies exactly what property is the subject of the brokerage mandate. Third, the type of mandate (exclusive or non-exclusive) determines the exclusivity of the broker's representation and whether the client may simultaneously use other brokers or sell the property themselves. Fourth, the brokerage commission — typically expressed as a percentage of the sale price — specifies the broker's remuneration and the offer of commission to cooperating brokers (buyer's brokers) through the MLS® system. Fifth, the conditions for earning the commission define when the broker's right to remuneration is triggered — typically upon presentation of an accepted written offer or upon completion of the transaction. Sixth, the duration of the mandate establishes the start and end dates of the contract, and any renewal provisions. Seventh, the obligations of the broker — including listing on MLS® (Centris®), professional photography, marketing activities, presenting all offers, providing market analysis and negotiation advice, and maintaining professional and ethical standards — form the core of the broker's professional commitment. Eighth, the obligations of the client — including disclosing known defects, providing access for visits, not negotiating directly with buyers introduced by the broker, and providing all relevant property documents — confirm the broker can perform their duties effectively. Ninth, the post-expiry commission clause protects the broker's right to earn the commission if the property is sold to a person who was introduced during the mandate, for a specified period after expiry. Tenth, the governing law (Real Estate Brokerage Act, OACIQ regulations, C.c.Q.) and dispute resolution mechanism complete the contract. A complete Quebec real estate agency contract must address several critical elements prescribed by the OACIQ and the Real Estate Brokerage Act. The listing price or acquisition budget, the commission or remuneration structure typically a percentage of sale price or a fixed fee, and the conditions for commission payment must be clearly defined, including the holdover clause period if applicable. The marketing plan should specify which platforms the broker will use including MLS Centris, social media, print, and open houses, the quality and nature of marketing materials to be produced, and any cost allocations between the owner and the broker. The exclusivity clause determines whether the owner retains the right to find their own buyer or must pay commission regardless of who introduces the successful party during the listing period. Disclosure obligations require the broker to disclose all known material facts affecting the property's value, any conflicts of interest arising from dual agency situations, and any financial incentives from third parties such as mortgage lenders or home inspectors. The broker's fiduciary duties under CCQ mandate arts. 2130-2185 include the duty of loyalty acting solely in the principal's best interest, the duty of disclosure providing all relevant information, and the duty of care exercising the skill and diligence of a competent professional. Finally, the contract must specify the broker's obligations regarding OACIQ mandatory disclosure forms, including the Declaration by the Seller of the Immovable, and the consequences of providing false or misleading information on these forms under Quebec's civil liability rules.