OREA-Form-320 Confirmation of Co-operation Representation

Jurisdiction: Country: Canada | Province/State: ON

What is a OREA-Form-320 Confirmation of Co-operation Representation?

This form documents who represents whom in a real estate deal. It also confirms how the two brokerages will cooperate on the trade. In simple terms, it sets the ground rules between the listing side and the buyer side. It spells out the commission sharing, the type of representation, and consent if both clients are with the same brokerage.

You use this form when a property is listed on a real estate board system. The listing brokerage invites other brokerages to bring a buyer or tenant. The form confirms the co-operation and the representation status of all parties. It applies to purchases and leases.

Who typically uses this form?

Real estate professionals fill it out for their clients. The listing agent prepares it with the offer package. The buyer’s agent reviews it and confirms details. The seller and the buyer sign the acknowledgements about representation. If the same brokerage represents both sides, both clients also consent to multiple representation.

You need this form to make representation and compensation clear. You avoid confusion about who owes duties to whom. You avoid disputes about commission between brokerages. You meet Ontario disclosure and consent rules. Many boards require this form before an offer is presented. That helps ensure a clean, transparent process.

typical usage scenarios

A seller lists a home on the local board system. The listing includes a commission offered to a co-operating brokerage. A buyer’s agent books a showing and submits an offer. Before the offer meeting, the listing agent prepares Form 320. The form confirms that the listing brokerage represents the seller as a client. It confirms that the co-operating brokerage represents the buyer as a client, or serves them as a customer. It sets the co-operating commission. Both agents sign. The seller and buyer sign the acknowledgements. Everyone understands the relationships and the compensation.

Another scenario involves the same brokerage on both sides. Your brokerage lists the property. Another agent in your brokerage represents the buyer as a client. This is multiple representation. The form explains this and secures both clients’ consent. The clients confirm they understand the limits on advocacy and confidentiality. You cannot share the seller’s bottom line. You cannot share the buyer’s top price. You must stay impartial between the two.

The form also works for lease deals. A landlord lists a unit for lease. The listing offers a co-operating commission. A tenant’s agent brings a tenant. Use the form to confirm representation and the commission terms. The commission may tie to a month’s rent or a percentage. The form can reflect those lease-specific details.

You may also use the form for commercial trades. Office, retail, or industrial listings often use it. The logic remains the same. Confirm representation status and commission sharing. Secure informed consent if the same brokerage acts for both clients.

Think of the form as two documents in one. First, it is an agreement between brokerages about co-operation and commission. Second, it is a disclosure and acknowledgement for the clients about representation. Those two pieces work together to reduce risk and set clear expectations.

When Would You Use a OREA-Form-320 Confirmation of Co-operation Representation?

You use it any time an offer or lease application involves a listed property and two brokerages. That includes residential and commercial. It includes freehold, condo, and lease transactions. If a buyer or tenant comes through a co-operating brokerage, this form applies.

As a listing agent, you prepare it for every offer presentation. You attach it to the offer package. You do this even if you do not yet know the co-operating agent’s client status. You confirm it with the buyer’s agent before signatures. You then secure signatures from both agents, and from the clients.

As a buyer’s agent, you expect to see this form before your offer is presented. You check the co-operating commission. You confirm whether your client is a client or a customer. You ensure it matches your signed Buyer Representation Agreement or Customer Service Agreement. If something does not match, you correct it before anyone signs.

If you are the seller, you will sign the acknowledgement. You confirm that you understand who represents the buyer. You confirm consent if both clients are with the same brokerage. You ensure the commission and co-operation details match what you agreed with your listing brokerage.

If you are the buyer, you also sign the acknowledgement. You confirm whether your brokerage represents you as a client or serves you as a customer. You confirm you received the representation information. You confirm consent if there is multiple representation.

You also use the form in more complex setups. You may have a referral arrangement between brokerages. The buyer’s brokerage may owe a referral fee to another firm. You can record that in the form or in a schedule. You may have a variable commission on the listing. You disclose that to the co-operating brokerage and, if needed, in the form’s notes.

You should also use it for lease renewals when commission applies. Many commercial leases pay commission on renewals or expansions. If the co-operating brokerage remains involved, document the arrangement. Use the form with a schedule that sets payment triggers and amounts.

If you work in a team, watch for same-brokerage deals. The seller may be with one team member. The buyer may be with another team member in the same firm. You still need multiple representation consent. Use the form to confirm that consent. Do not skip it because both agents sit in the same office.

Finally, use the form if the buyer is unrepresented but the co-operating brokerage presents an offer. In that case, the co-operating brokerage provides customer service only. The buyer is not a client. The form will show the representation type as customer. The buyer still acknowledges that status in writing.

Legal Characteristics of the OREA-Form-320 Confirmation of Co-operation Representation

This form is legally binding between the brokerages. It records the compensation promised by the listing brokerage to the co-operating brokerage. When both brokerage representatives sign, they create an enforceable agreement. It sets out how and when commission is payable. It also clarifies any conditions tied to payment. Courts and boards look to this document in commission disputes.

For the clients, the form is not a listing agreement or a buyer agreement. It does not create agency on its own. The listing agreement and buyer agreement do that. The form confirms representation status for this specific trade. It secures the clients’ acknowledgements. It also secures their consent for multiple representation when needed. That consent must be informed and in writing. The form helps you meet that requirement.

Enforceability comes from clear terms and proper signatures. Identify the brokerages by full legal names. Identify the clients as on the related agreements. Identify the property by address and, if possible, by MLS number. State the commission with precision. Include whether HST is extra. Set the event that triggers payment, such as completion or lease start. If you need a schedule for complex terms, attach it and label it. Make sure it is signed and referenced in the form.

Timing also supports enforceability. Complete the form before offer presentation when practicable. That ensures disclosure and consent are in place. If you cannot, ensure disclosure and consent are still made in writing. Then complete the form at the first opportunity. Date and time-stamp the signatures. Keep a clear record of delivery to all parties.

The form also addresses conflict management. Multiple representation reduces the brokerage’s ability to advocate. You cannot share confidential information between clients. You cannot favor one client over the other. The form notes those limits. The clients confirm they understand. That helps avoid allegations of unfair dealing later.

Accuracy matters. The commission terms in the form should match the offer of compensation in the listing. If you negotiated a different amount for a specific trade, state it clearly. Both brokerages must agree in writing. Do not rely on verbal promises. Write the exact numbers or percentages. State when HST applies.

Electronic signatures are valid. You can use a reputable e-sign platform. Ensure the signatures are clear, dated, and linked to the signers. Provide a copy to every person who signed. Retain the executed version in your deal file.

If circumstances change, amend the form in writing. For example, the parties consent to multiple representation after initial offer submission. Or the commission changes due to a counteroffer condition. In those cases, prepare a revised form or an amendment. Have all required signers sign again. Keep the history clear.

Finally, keep the form consistent with all other documents. The representation status must match the buyer agreement and the listing agreement. The commission must not conflict with the listing authority. The names must match across all documents. Consistency reduces risk and aids enforcement.

How to Fill Out a OREA-Form-320 Confirmation of Co-operation Representation

Follow these steps to complete the form correctly:

1) Gather the key documents.

• Get the signed listing agreement and MLS data sheet.
• Get the buyer’s signed representation or customer service agreement.
• Confirm the legal names of all parties and brokerages.
• Confirm the commission offered on the listing.

2) Start with property identification.

• Enter the full civic address.
• Add the MLS number.
• Include unit number for condos or leased space.
• If available, add a brief legal description.

3) Identify the listing side.

• Enter the full legal name of the listing brokerage.
• Insert the name of the listing salesperson or broker.
• List the seller’s full legal name as on the listing.

4) Identify the co-operating side.

• Enter the full legal name of the co-operating brokerage.
• Insert the name of the buyer’s salesperson or broker.
• List the buyer’s full legal name as on the buyer agreement.

5) Confirm the representation status.

• Check the box that shows the listing brokerage represents the seller as a client.
• For the co-operating brokerage, select client or customer for the buyer.
• If the same brokerage represents both the seller and the buyer as clients, mark multiple representation.
• If the buyer is a customer, do not mark multiple representation.
• Ensure this matches the signed agreements with each client.

6) Complete the commission section.

• State the total commission in the listing agreement, if the form calls for it.
• State the amount or percentage payable to the co-operating brokerage.
• If the co-operating commission is a flat fee, write the dollar amount.
• If it is a percentage, write the exact rate and the base it applies to.
• Indicate whether HST is extra or included.
• For leases, state the commission formula. Include months, renewals, or expansions if agreed.

7) Specify the payment trigger.

• State when the co-operating commission is payable.
• For purchases, this is usually on completion.
• For leases, it may be on lease execution, possession, or rent commencement.
• If the commission pays in stages, explain the schedule. Use a schedule if needed.

8) Add any referral fee details.

• If you must pay a referral fee, identify the recipient brokerage.
• State the amount or percentage and when it is payable.
• Clarify whether it comes out of the co-operating share.
• Use a schedule if space is tight.

9) Address variable commission, if applicable.

• If the listing has a variable rate, confirm disclosure to the co-operating brokerage.
• Note any effect on the co-operating commission, if any.
• Keep the explanation clear and factual.

10) Insert disclosures about multiple representation.

• If you are in multiple representation, include the required consent language.
• Ensure both the seller and the buyer understand the limits on advocacy.
• Confirm that you will not share confidential information between them.
• Offer both clients the option to seek independent advice before signing.

11) Obtain brokerage signatures.

• The listing salesperson or broker signs for the listing brokerage.
• The buyer’s salesperson or broker signs for the co-operating brokerage.
• Print names and registration numbers, if the form requests them.
• Date and time each signature.

12) Obtain client acknowledgements.

• Have the seller sign the seller acknowledgement. Date it.
• Have the buyer sign the buyer acknowledgement. Date it.
• If multiple representation applies, ensure both parties expressly consent.
• If the buyer is a customer, ensure they confirm customer status.

13) Use schedules for complex terms.

• Label schedules clearly (for example, Schedule A to Form 320).
• Cross-reference the schedule in the form.
• Use a schedule for lease renewal commissions or staged payments.
• Use a schedule for referral details or special conditions.

14) Review for accuracy and consistency.

• Check spelling of names and brokerage names.
• Confirm the address and MLS number.
• Confirm the commission matches the listing or the negotiated amount.
• Confirm representation status matches client agreements.

15) Deliver executed copies.

• Provide a signed copy to the seller and their agent.
• Provide a signed copy to the buyer and their agent.
• Keep proof of delivery in your file.

16) File and retain the document.

• Store the executed form in your brokerage’s deal file.
• Keep it for the required retention period.
• Keep all schedules and amendments with the form.

17) Handle changes with a written amendment or replacement form.

• If commission changes, record it in writing and re-sign.
• If representation status changes, record it and re-sign.
• Date and time any changes. Provide updated copies to all.

18) Common pitfalls to avoid.

• Do not mismatch buyer client status with the buyer agreement.
• Do not assume multiple representation consent without signatures.
• Do not leave HST treatment unclear on commission amounts.
• Do not change commission by email only. Use a signed document.

Real-world example 1: You represent a buyer on a freehold home. The MLS shows a co-operating commission of 2%. You fill the form with buyer-as-client status. You write 2% plus HST, payable on completion. Both agents sign. The seller and buyer sign acknowledgements. You file it with the offer.

Real-world example 2: You represent both seller and buyer within the same brokerage. The buyer has a signed buyer agreement. You check the multiple representation box. You explain the limits and obtain consent from both. You state the co-operating split as agreed within your brokerage. Both agents and both clients sign before the offer is presented.

Real-world example 3: You handle a commercial lease. The listing offers one month’s rent to the co-operating brokerage. The tenant’s agent presents an offer with renewal options. You attach a schedule. The schedule states one-half month’s rent on the first renewal if exercised. Both brokerages and both clients sign the form and schedule.

By following these steps, you reduce friction. You align expectations. You protect your commission. You meet Ontario disclosure and consent rules. And you support a smooth offer presentation for everyone involved.

Legal Terms You Might Encounter

• Brokerage means the real estate company that holds the registrations of the salespersons or brokers involved. On this form, you identify each brokerage and clarify who each one represents in the deal.
• Listing brokerage is the brokerage that signed the listing agreement with the seller. On the form, you confirm whether the listing brokerage represents the seller as a client or provides customer service.
• Co-operating brokerage is the brokerage that introduces the buyer to the property or assists the buyer with the offer. The form records whether this brokerage represents the buyer as a client or provides customer service.
• Client means you have a signed representation agreement with a brokerage. The brokerage owes you fiduciary duties, including loyalty and full disclosure. On the form, the client boxes show who receives full representation on each side.
• Customer means you do not have a representation agreement. You receive limited services and no fiduciary duties. The form marks customer relationships so everyone understands the limited scope and consent.
• Representation agreement is the contract between you and a brokerage that sets out services and duties. The form does not replace that contract. It simply confirms what you already agreed to with your brokerage.
• Multiple representation occurs when one brokerage represents both the buyer and the seller in the same deal. The form discloses this situation and shows your written consent. You must decide whether to allow it before your offer proceeds.
• Remuneration refers to how brokerages are paid for their services. This can be a percentage, a fixed amount, or another arrangement. The form sets out how remuneration is shared between the brokerages.
• Commission sharing is how the listing and co-operating brokerages split the remuneration. The form details the split so payments flow correctly on closing.
• Agreement of Purchase and Sale is the contract that sets the terms of the deal. The form ties the representation and co-operation facts to that offer, usually by property address and date. It sits in the same deal file for clear records.

FAQs

Do you need to sign this form on every offer?

Yes. Expect to complete it for each offer. It confirms who represents whom and how brokerages will co-operate and be paid on that specific deal.

Do you sign this if you already have a representation agreement?

Yes. Your representation agreement sets your relationship with your brokerage. This form confirms that relationship to the other side and records co-operation and payment details for the offer.

Do you sign this if you are a customer, not a client?

Yes. The form must still show your status as a customer. That transparency helps set expectations and avoid disputes about duties and services.

Do you use this form to set commission rates?

No. Commission rates belong in your listing or buyer representation agreement. This form records how remuneration will be shared between brokerages for the offer you submit.

Do you need a new form for counter-offers?

Usually no, unless relationships or remuneration change. If the parties, representation status, or payment terms shift, prepare and sign a new form to match the revised deal.

Do both the buyer and the seller sign?

Yes. Each consumer signs to acknowledge the relationships disclosed. Each brokerage also signs to confirm co-operation and remuneration details.

Do you need to complete the form if one brokerage represents both sides?

Yes. Multiple representation must be clear and in writing. The form documents your informed consent and sets limits on confidential information.

Do you receive a copy after signing?

Yes. Ask for a copy for your records. Your brokerage will keep the original or a digital copy in the deal file.

Checklist: Before, During, and After the OREA-Form-320 Confirmation of Co-operation Representation

Before signing: Information and documents you need

• Full legal names of all consumers in the transaction.
• Correct legal names of both brokerages involved.
• Names of the salespersons or brokers handling the file.
• Property address and identifiers that match the offer.
• Your signed buyer representation agreement or listing agreement, if applicable.
• Your status with the brokerage: client or customer.
• Any consent to multiple representation that you already agreed to.
• The remuneration arrangement relevant to this offer.
• Any special co-operation instructions in your existing agreements.
• Email addresses for everyone who needs a copy after signing.

During signing: Sections to verify

• Check your name and contact details for accuracy.
• Confirm the property address matches the offer exactly.
• Verify the listing brokerage name and the co-operating brokerage name.
• Confirm which boxes are checked for client or customer status for each party.
• Review the multiple representation section. Sign only if it matches your consent.
• Read the remuneration section. Confirm the amounts or percentages and who pays.
• Ensure the commission sharing between brokerages matches the listing or offer terms.
• Confirm any conditions or notes that affect payment or co-operation.
• Check dates and times. They should align with the offer timeline.
• Make sure all required signatures and initials appear in the correct places.

After signing: Filing, notifying, storing

• Request a copy immediately. Save it with your offer documents.
• Your brokerage should add it to the official deal record.
• Confirm the other brokerage received a signed copy.
• If you change representation status later, update the form and circulate the new copy.
• Keep your copy until after closing and beyond your retention period.
• If the deal collapses, keep the form with the failed offer file for records.

Common Mistakes to Avoid OREA-Form-320 Confirmation of Co-operation Representation

• Don’t forget to mark client versus customer correctly. If you mix these up, you risk service disputes and complaints about duties.
• Don’t assume the commission split auto-fills from the listing. If it differs on this offer, wrong numbers can delay payment on closing.
• Don’t leave brokerage names incomplete or misspelled. Errors here create payout problems and slow compliance reviews.
• Don’t skip the multiple representation consent when needed. Without it, you may not proceed or the deal could face a challenge.
• Don’t sign after presenting the offer. Late or missing forms raise compliance issues and can stall negotiations.

What to Do After Filling Out the Form OREA-Form-320 Confirmation of Co-operation Representation

1. Attach it to the offer package. Ensure both brokerages and both consumers have signed copies.
2. Confirm receipt. Ask the other side to acknowledge they received a clear, legible copy.
3. Match it to the deal file. Your brokerage should link it to the offer, counter-offers, and final agreement.
4. Flag any conditional changes. If representation or remuneration shifts before acceptance, issue a new signed form.
5. Share with conveyancing. Ensure your conveyancing or administration team has the latest signed version for closing instructions.
6. Monitor amendments. If the listing changes commission or the buyer amends terms, update the form and redistribute.
7. Store securely. Keep your copy with the agreement, waivers, and amendments. Follow your retention policy.
8. Close out the file. After completion, confirm that the form on file matches the final deal structure. Correct any gaps before archiving.