Assume that you are the Listing Agent in Ontario. You have sold a home. It has not closed. Buyer has 2-3 visits remaining before closing.
1) do you have to accompany the buyer each time?
2) does a licensed registrant have to be in attendance?
3) can anyone accompany the buyers, not licensed?
4) can the Seller and Buyer just do it without anyone being there?
4
Let’s take on question 4: “can the Seller and Buyer just do it without anyone being there?”
It be would be rather cavalier to place the importance of the real estate profession in this beyond where it should be. This is a FREE county. People can do what they want. There are only two parties to this transaction and the Brokerage(s) is (are) not one of them. The Seller and the Buyer are under no obligation or constraint whatsoever dealing directly with each, dealing with each other through their respective lawyers, or contacting one another through a mutual friend.
However, under the Act and the Code, you had better be available, if you need to protect your client’s best interests. Any issues along those lines should be documented. Email would work well. Make sure that’s it’s clear whether you are to be there or not. If something goes wrong, and it’s not in an email, then someone might later say that you were a “no show”.
While there is no Act or Code requirement there might be a Board rule. TREB for example would require a Buyer’s rep to be in attendance for the Buyer’s 3 visits.
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