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Guideline

Representation, solicitation, promotion and advertising

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Table of contents
4 minutes

3 Client solicitation

Broadly speaking, regulations provide that real estate brokers must use fair solicitation practices.

The rules governing solicitation are intended to protect the public, ensure compliance with the rights arising from current brokerage contracts, and prevent actions that are incompatible with professional obligations.

Section 91 du Regulation respecting brokerage requirements, professional conduct of brokers and advertising

3.1 – Respecting the exclusive brokerage contract

The exclusivity of a brokerage contract must be respected throughout its term. Before taking any action, the real estate broker must ensure that the owner is not bound by an exclusive brokerage contract with another real estate agency or broker. Any premature solicitation may result in disciplinary action.

Section 99 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

KEY POINT

When it comes to solicitation, respecting existing contracts, using fair practices, and protecting the public must always take precedence.

3.2 – Overview of real estate brokerage solicitation

Types of solicitation

  • DIRECT solicitation

    • By phone, in person
    • Email / SMS / messaging

  • INDIRECT solicitation

    • External / automated services

  • MASS solicitation

    • Geographic
    • Groups / organizations

3.2.1 – Direct solicitation

1 Telephone solicitation

Must be respected

  • Do not solicit a person listed on the DNCL
  • Exclude any person bound by a brokerage contract
  • Respect withdrawal requests

Good practices

  • Keep an up-to-date list of excluded people
  • Keep records (calls, scenarios)
  • Verify the National DNCL registration and subscription

The rules governing unsolicited telecommunications are administered by the CRTC.

2 Solicitation by email, instant messaging, or text messages

Key requirements (Canada's Anti-Spam Legislation))

  • Prior consent (express or implied)
  • Clear identification of the sender
  • Functional unsubscribe mechanism

Management

  • Keep accurate records of valid consent and information documents

3.2.2 – Indirect solicitation using external services (automation, chatbots)

A real estate broker or agency may use an external service company to conduct potential client identification surveys. However, the role of these companies is limited.

Unavoidable limits

  • If the service constitutes a brokerage act, the provider must hold a valid real estate brokerage licence
  • Otherwise, the provider’s role is strictly limited to collecting information
  • Any violation could constitute an inducement to commit an illegal act

 

Oversight of external services — Duties and obligations

The real estate broker or the real estate agency remains responsible for the content disseminated and the methods and must ensure that the company or chatbot:

  • Limits itself to gathering information to create a list of potential clients, with their consent regarding the intended uses
  • Does not engage in any estate brokerage activities
  • Generates messages that comply with current solicitation rules

POINT OF CAUTION

Client solicitation aiming at concluding a real estate brokerage contract is a brokerage act within the meaning of the Real Estate Brokerage Act. As it involves representational tasks, only a real estate broker with a valid licence may engage in this activity.

 

REAL-LIFE CASE 

In commercial leasing, a real estate agency may enlist the services of a telemarketing company to interview people about the expiry date of their leases, the surface area of their premises and their desire to be contacted by a real estate broker. Only the real estate broker will then solicit clients using the database that has been compiled.

Section 69 of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

3.2.3 – Mass solicitation

Mass solicitation

Permitted if it is addressed to several people at once, without targeting anyone in particular, for example:

  • All homeowners in the same neighbourhood
  • A group with something in common (profession, club, organization)

Section 99, paragrah 2, of the Regulation respecting brokerage requirements, professional conduct of brokers and advertising

Reference number
264694
Last update
October 31, 2022