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Agent Terms & Conditions
Effective Date: November 15, 2025
1: Introduction and Agent Obligations
1.1 Acceptance of Terms and Legal Status
By accessing or using the Platform to list properties or manage offers, the Agent agrees to be bound by these Terms and warrants that they are a currently Licensed Real Estate Agent in Good Standing in the applicable jurisdiction (e.g., Ontario, Canada).
Agent Responsibility: The Agent acknowledges that they are acting as an independent professional on behalf of their Seller Client and are solely responsible for the legality, accuracy, and compliance of their actions on the Platform. The Platform is a technology service provider only.
1.2 Compliance with Real Estate Law
The Agent is solely responsible for ensuring that all listings, offers, bids, disclosures, and transactional procedures conducted through the Platform comply with all applicable:
- Real Estate Brokerage and Agent legislation (e.g., REA, TRESA, or similar acts).
- Anti-money laundering (AML) and FINTRAC regulations.
- Privacy laws and guidelines regarding the collection and disclosure of personal information related to clients and buyers.
1.3 Agent/Brokerage Fees to Platform (Digital Offer Acceptance Fee)
The Agent or their Brokerage shall pay RealtyBidders.com a one-time, non-refundable Digital Offer Acceptance Fee of $499.00 + HST only upon the Seller’s digital acceptance of a Path A Digital Offer submitted through the Platform. This fee covers the technology and administrative costs associated with processing and generating the formal contract for that specific accepted offer.
2: Listing Management and Data Accuracy
2.1 Listing Accuracy and Authorization (Source and Path B Eligibility)
The Agent warrants that they have been lawfully engaged by the Seller Client and have executed the appropriate listing agreements authorizing:
- Public Offer Reception and Disclosure: The ability to receive offers/bids publicly and to disclose the details, price, and terms of these offers/bids to all interested parties, as required by the chosen Path.
- Listing Data Source: The core property listing information is auto-generated via the CREA DDF (Data Distribution Facility) feed. The Agent is responsible for verifying the accuracy of this imported data.
- Path B Eligibility: A property is only eligible for the Path B (Transparent Bidding) method if the Agent manually registers and activates the property for bidding within their account ”shop” or dashboard on the Platform.
Agent Responsibility: The Agent is fully responsible for the completeness and accuracy of all listing data and disclosures, and for ensuring all actions comply with the Seller’s written instructions.
2.2 Offer of Co-operation and Compensation by Path
The Agent must clearly input the compensation structure based on the chosen listing path and must disclose these terms clearly to all parties involved:
Path A (Traditional Offer): The Agent must input the commission structure offered to the cooperating Buyer Agent, as defined in standard MLS practices.
- Unrepresented Buyers (SRPs) Rebate (Path A Only): If a Path A transaction closes with an Unrepresented Buyer (SRP) who was assigned a RealtyBidders.com facilitating agent, the Buyer will receive a rebate equivalent to 25% of the Buyer Agent commission paid by the Seller. The Agent agrees to cooperate with the closing lawyer to facilitate this preauthorized rebate upon closing.
Path B (Transparent Bidding): The Agent acknowledges the commission structure is governed by the following rules:
- Listing Agent Commission: The Listing Agent/Brokerage is paid a commission of 1.5% + HST of the purchase price, which is paid from the purchase funds at closing. If the Agent has a separate written agreement with the Seller for a higher commission, the Seller is solely responsible for paying the difference directly to the Listing Agent/Brokerage at closing, as per the Listing Agent’s invoice.
- Buyer Agent Commission: The Buyer Agent’s compensation is paid directly by the Buyer (if the Buyer is represented). No commission is payable from the Seller’s proceeds to a Buyer Agent in a Path B transaction.
- Unrepresented Buyers (SRPs): If the winning bidder is an Unrepresented Buyer (SRP), no Buyer Agent commission is paid by the Seller or Buyer, as the SRP is solely responsible for the Platform Transaction Fee (Section 3.2.2).
The Platform is not liable for commission disputes between Agents or Brokerages.
2.3 Consent to Data Use (Offers and Bids)
The Agent grants the Platform permission to collect, store, and utilize transactional data, including:
- Offer amounts and terms (anonymized where appropriate).
- Buyer feedback and usage statistics.
- Aggregate transaction data for platform improvement and marketing purposes.
3: Transaction Process Management
3.1 Path A: Digital Offer Submissions (Traditional Process)
When receiving an offer via the Digital Offer Form:
- The Platform auto-generates the relevant formal real estate documents (e.g., Agreement of Purchase and Sale, APS) based on the terms submitted by the Buyer or Buyer Agent.
- Agent Responsibility: The Agent must immediately review the auto-generated documents for accuracy, present them to the Seller, and proceed with the traditional signing of the formal written documents to create a binding contract. The digital submission is an Intent to Offer only.
3.2 Path B: Transparent Bidding Management
If the Agent chooses the Transparent Bidding feature, they agree to the following protocols:
3.2.1 Disclosure of Competing Bids
The Agent consents to and facilitates the Platform’s automatic, real-time disclosure of the Bid Price and key terms (closing date, conditions) of all competing Bids to all participating Buyers/Bidders, as per the Seller’s instructions and the terms in Section 2.3 of the Buyer T&Cs.
3.2.2 Digital Acceptance and Platform Transaction Fee
The Agent acknowledges that the Platform Transaction Fee for Path B is paid by the Buyer, not the Agent or Brokerage. The Agent must understand and communicate this financial requirement to the Seller and Buyer:
- Upon the Agent/Seller digitally accepting the winning Bid, the winning Buyer is immediately required to pay the $1500.00 + HST Platform Transaction Fee to RealtyBidders.com to lock in the digital acceptance.
- The Agent will be notified only after this fee payment is confirmed, at which point the Agent must immediately generate the formal APS for signing and ensure the Buyer pays the necessary Purchaser’s Deposit to the Listing Brokerage’s trust account within 24 hours of signing the APS.
3.2.3 Platform Fee Refund Protocol
The Agent acknowledges the Platform Transaction Fee (paid by the Buyer in Path B) is refundable (minus a $100.00 + HST service fee) if the sale fails to close. The Agent agrees to notify the Platform immediately if the transaction is terminated prior to closing so the Platform can process the appropriate refund to the Buyer.
4: Legal Disclaimers and Indemnification
4.1 Indemnification
The Agent agrees to indemnify and hold harmless RealtyBidders.com from any and all claims, damages, liabilities, and expenses (including legal fees) from third parties arising from:
- Any breach of the Agent’s professional, legal, or fiduciary duties to their Seller Client or any Buyer.
- Any breach of the Agent’s warranties regarding listing accuracy or legal compliance.
- Any dispute or claim arising from the commission structure offered on the MLS or facilitated through the Platform.
4.2 Limitation of Liability (Summary)
RealtyBidders.com’s maximum financial liability to the Agent or Brokerage for any claim or damage is strictly limited to the greater of (a) fees paid to RealtyBidders.com by the Agent in the preceding 12 months, OR (b) One Hundred U.S. Dollars ($100.00 USD).
4.3 Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada.