A client has a written agency agreement with a licensee and is owed full fiduciary duties (loyalty, disclosure, confidentiality, obedience, and reasonable care) under the Real Estate Services Act (RESA), SBC 2004, c. 42, and the rules made by the British Columbia Financial Services Authority (BCFSA). An unrepresented party (sometimes informally called a 'customer') has no written agency relationship and is owed only limited duties such as honesty and disclosure of known material latent defects. The distinction is governed by BCFSA Rules and RESA. Verify the current wording of your specific agency agreement and the applicable BCFSA Rules with a BC lawyer or notary before acting.

No. Under RESA and the BCFSA Rules, fiduciary duties (loyalty, confidentiality, full disclosure, etc.) are owed only to a licensee's own client with whom the licensee has a written agency agreement. An unrepresented party is owed limited duties such as honesty, fair dealing, and disclosure of known material latent defects, but not fiduciary duties. Verify the scope of duties owed in your transaction with a BC lawyer or notary before acting.

A written service agreement (representation agreement) signed by both the licensee (or brokerage) and the party being represented creates the client relationship under RESA and the BCFSA Rules. Common forms include a Buyer Representation Agreement or a Listing Contract (Seller Representation Agreement). The agreement must be in writing to establish the fiduciary relationship. Verify the terms and enforceability of any service agreement with a BC lawyer or notary before signing.

Yes, but only with informed written consent from both clients, and the arrangement is called 'limited dual agency' or 'designated agency,' depending on how the brokerage structures representation under RESA and the BCFSA Rules. In limited dual agency, the licensee's fiduciary duties are modified (for example, confidentiality regarding price or terms is restricted). Verify whether dual agency is permitted and how duties are modified in your specific transaction with a BC lawyer or notary before proceeding.

Under RESA and the BCFSA Rules, a licensee owes an unrepresented party (non-client) limited duties including honesty, fairness, reasonable care and skill in providing services, and disclosure of known material latent defects in the property. The licensee does not owe fiduciary duties such as loyalty, confidentiality of negotiating position, or the duty to put the unrepresented party's interests first. Verify the scope of duties in your transaction with a BC lawyer or notary before acting.

No. The Real Estate Services Act (RESA) and the BCFSA Rules do not formally define or use the term 'customer.' The legally recognized categories are 'client' (a party with a written agency agreement) and 'unrepresented party' or 'party to the trade' (a party without representation). 'Customer' is sometimes used informally in industry practice but has no statutory definition. Verify the correct legal terminology and your status in any transaction with a BC lawyer or notary.

No. The listing agent owes fiduciary duties to the seller (the agent's client) under RESA and the BCFSA Rules, not to an unrepresented buyer. While the listing agent must be honest and disclose known material latent defects, the agent is legally obligated to advance the seller's interests, not the buyer's. An unrepresented buyer should verify all information independently and consider retaining their own representation or obtaining independent legal advice from a BC lawyer or notary before making an offer.

Under RESA and the BCFSA Rules, agency relationships must be established in writing. If a licensee provides services that create a reasonable expectation of representation without a written agreement, the licensee may face professional conduct complaints, disciplinary action by the BCFSA, and potential civil liability for breach of duty. Verify the existence and terms of any agency relationship in writing with a BC lawyer or notary before acting.

No legal requirement under RESA or the BCFSA Rules mandates a signed Buyer Representation Agreement merely to view properties. However, many licensees request a written agreement before providing substantive services (such as drafting offers or providing negotiation advice) to establish the client relationship and clarify the scope of fiduciary duties. Verify the terms and obligations of any agreement, including duration and exclusivity, with a BC lawyer or notary before signing.

Yes. RESA and the rules made under it (BCFSA Rules) are provincial legislation and enforceable both through BCFSA regulatory proceedings (licensing discipline) and through civil court actions for breach of statutory or common-law fiduciary duties. A party harmed by a licensee's breach of duty may pursue complaints with BCFSA and/or sue for damages. Verify your legal rights and remedies with a BC lawyer before pursuing any complaint or claim.