Disclosure of Representation in Trading Services (DORTS)

The DORTS is a mandatory form prescribed by the British Columbia Financial Services Authority (BCFSA) that real estate licensees must provide to consumers at the outset of a trading services relationship, as required under Section 54 of the Real Estate Services Rules made under the Real Estate Services Act (RESA). The form explains the different types of agency relationships available in BC, distinguishes between client status and unrepresented-party status, and outlines key consumer rights including the Home Buyer Rescission Period. Its purpose is to ensure consumers make an informed choice about representation before engaging with a licensee.

Under Section 54 of the Real Estate Services Rules, a licensee must present the DORTS at the earliest practicable opportunity before providing trading services to a consumer — in practice, this means before any substantive discussions about a specific property or transaction begin. The obligation applies regardless of whether the consumer ultimately becomes a client or chooses to remain an unrepresented party. Presenting the form after services have already commenced would place the licensee in breach of their obligations under RESA and the Real Estate Services Rules.

The DORTS explains that a consumer who enters into an agency relationship with a licensee becomes a client, to whom the licensee owes fiduciary-like duties including loyalty, confidentiality, full disclosure, and acting in the client's best interests, as established under RESA and the Real Estate Services Rules. A consumer who declines representation becomes an unrepresented party, to whom the licensee owes only limited duties such as acting honestly and with reasonable care, but does not act as that person's agent. This distinction is fundamental because it determines the scope of legal obligations the licensee owes to each party in a transaction.

The Real Estate Services Rules require the licensee to present the DORTS and obtain the consumer's acknowledgement; in practice this is typically achieved through a signed or electronically acknowledged copy of the form. If a consumer refuses to acknowledge receipt, the licensee must document that refusal in accordance with BCFSA guidance and their brokerage's policies. The BCFSA may audit brokerage records to verify compliance with the disclosure obligation under RESA.

The DORTS includes an explanation of the Home Buyer Rescission Period, which gives buyers of certain residential properties in BC a limited right to rescind an accepted offer within a prescribed number of business days after the contract is entered into, subject to a rescission fee payable to the seller. The HBRP is established under amendments to the Property Law Act and associated regulations, and the DORTS ensures buyers are made aware of this right before they begin the purchasing process. Licensees are required to explain the HBRP as part of their disclosure obligations under the Real Estate Services Rules.

Yes, a single licensee may act for both the buyer and the seller in what is known as limited dual agency, but this arrangement is subject to strict conditions under the Real Estate Services Rules and BCFSA guidelines, as undisclosed dual agency is prohibited under RESA. The DORTS explains the concept of dual agency to consumers so they understand the inherent conflict of interest and can make an informed decision about whether to consent to such an arrangement. Consumers must provide their informed written consent before a licensee can lawfully proceed with limited dual agency.

The disclosure obligation under Section 54 of the Real Estate Services Rules applies broadly to trading services, which encompasses both residential and commercial real estate transactions in BC, not solely residential ones. RESA defines trading services to include a range of activities such as showing property, presenting offers, and negotiating on behalf of a party, regardless of the property type. Licensees dealing in commercial properties must therefore present the DORTS at the same early stage of the relationship as they would in a residential transaction.

Failure to present the DORTS at the required time constitutes a breach of the Real Estate Services Rules made under RESA, and the BCFSA has authority to investigate and discipline licensees for such contraventions. Disciplinary outcomes under RESA can include fines, conditions on a licence, suspension, or cancellation of a licence, depending on the severity and circumstances of the breach. The BCFSA may also require the brokerage to implement remedial measures if systemic non-compliance is identified during an audit.

While the DORTS itself focuses primarily on agency relationships and representation options, the collection and use of a consumer's personal information by a licensee is separately governed by BC's Personal Information Protection Act (PIPA), which requires licensees to obtain consent and to use personal information only for the purposes for which it was collected. Licensees who send unsolicited commercial electronic messages to consumers must also comply with Canada's Anti-Spam Legislation (CASL). Consumers may wish to review their brokerage's privacy policy to understand how their information will be handled throughout the transaction.

The requirement to present the DORTS does not change simply because the property is a strata lot; the disclosure obligations under Section 54 of the Real Estate Services Rules apply equally. However, once an agency relationship is established, the licensee who represents a buyer of a strata lot will also have additional obligations to assist the client in obtaining and reviewing strata documents — such as Form B (Information Certificate), depreciation reports, and strata bylaws — as required under the Strata Property Act (SBC 1998, c. 43). The DORTS establishes the foundation of the agency relationship within which those further duties are carried out.