Quick answer: Yes, you should bring your own agent when you buy pre-construction in Ontario. The builder's sales team works for the builder, not you. A buyer's agent works only for you, and in most cases the builder pays the agent's commission out of its marketing budget. The price is usually the same either way. One catch:
- Bring or register your agent on your first visit or inquiry, or the builder may refuse to recognize them.
Who does the builder's sales team work for?
The people in the sales centre work for the builder. Some are builder employees. Others work for a brokerage the builder hired to sell the project. Either way, their job is to sell units at the best price and terms for the builder.
They can be friendly and helpful. But they cannot negotiate against their own client. They will not tell you which clauses favour the builder, which units are overpriced, or whether the project down the street is a better deal.
Under Ontario's Trust in Real Estate Services Act (TRESA), which took full effect on December 1, 2023, you are either a client of a brokerage or a self-represented party. If you walk into a sales centre alone, you are usually self-represented. The builder's side can give you general information and help with paperwork, but RECO says they cannot give you services, opinions or advice.
Is a buyer's agent really free for pre-construction?
In most cases, yes. Builders set aside a commission for co-operating brokerages that bring buyers. That commission is part of the builder's sales and marketing costs. It is paid by the builder, not added to your bill at closing.
Key points to know:
- The price is usually the same. Builders generally do not lower the price for buyers who come in without an agent. The commission budget simply stays with the builder.
- Your agreement sets the rules. Under TRESA, your buyer representation agreement must clearly state how your brokerage is paid. Read it. With new construction, it normally says the builder pays.
- Payment is often staged. Builders commonly pay co-op commission in parts, for example after the deal goes firm and again at a later milestone. This doesn't affect you, but it explains why a good agent stays with you until closing.
- Rare exceptions exist. A small builder or a private sale may not offer co-op commission. A good agent will tell you up front, before you sign anything, and you decide.
What does a buyer's agent actually do for you?
| Stage | Builder's sales team | Your buyer's agent |
|---|---|---|
| Who they work for | The builder | You only |
| Choosing a project | Shows their project | Compares projects, builders and resale options across Ontario |
| Early access | Public launch pricing | Can get you into VIP or platinum releases before the public |
| Unit selection | Sells what is available | Flags overpriced units, poor layouts and weak resale or rental appeal |
| Price and incentives | Protects the builder's margin | Asks for incentives, capped closing costs and better deposit terms |
| The APS | Presents the builder's contract | Reviews key clauses with you and your lawyer during the cooling-off period |
| Deposits and dates | Collects deposits | Tracks your deposit schedule, Tarion dates and delay notices |
| Occupancy to warranty | Hands off to customer care | Helps with PDI, closing, and Tarion warranty forms |
| Cost to you | $0 | Usually $0 (paid by the builder) |
What can an agent negotiate on pre-construction?
Many buyers think builder prices are fixed. The list price often is. But the terms around it are not. A buyer's agent can push on:
- Development charge and levy caps. These caps can save thousands at closing.
- Closing cost caps on items like utility hookups, Tarion enrolment and law society fees.
- Deposit structure, such as a lower or extended deposit schedule.
- Assignment rights and the assignment fee, if you might sell before closing.
- Free upgrades, parking or locker pricing, or other builder incentives.
- Right to lease during interim occupancy, for investors.
An agent who works with many builders knows which "extras" are realistic and which builders never move. That saves you time and money.
Do I still need a lawyer if I have an agent?
Yes. Your agent and your lawyer do different jobs. Your agent helps you choose, negotiate and manage the process. Your lawyer gives legal advice on the agreement of purchase and sale (APS) and handles closing.
New condo buyers in Ontario get a 10-day cooling-off period under the Condominium Act. You can cancel within 10 days of receiving the signed agreement and disclosure statement and get your deposit back. Freehold buyers do not have a legal cooling-off period yet. A new 10-day period for new freehold homes starts January 1, 2027. Use this window for a full lawyer review. The HCRA also tells buyers to review the purchase agreement with a lawyer before signing.
When should I bring in my agent?
Before your first visit, call or registration. Many builders and sales teams only pay a co-operating agent who was with you (or registered for you) on your first contact. If you visit alone first, the builder may say you came in "unrepresented" and refuse to recognize your agent later. You may then be stuck working with the builder's team alone.
Your pre-visit checklist:
- ☐ Pick a buyer's agent who focuses on new construction.
- ☐ Sign a buyer representation agreement and read how your agent is paid.
- ☐ Have your agent register you with the builder before you visit or fill out online forms.
- ☐ Give your agent's name and brokerage on every builder registration form.
- ☐ Confirm the builder is licensed in the HCRA's Ontario Builder Directory.
- ☐ Get a mortgage pre-approval before you sign.
- ☐ Book a lawyer for the cooling-off period.
How do I check that an agent and a builder are legitimate?
- ☐ Agent: Look them up on RECO's public registrant search. Every Ontario agent must be registered with RECO and work for a brokerage.
- ☐ Builder: Search the HCRA's Ontario Builder Directory. It shows licence status, conditions, years active, homes built and any regulatory actions. HCRA says a builder not listed there is a serious warning sign.
- ☐ Project: Ask your agent to confirm the project is enrolled with Tarion. Builders must enrol homes before construction starts.
What should I ask a buyer's agent before hiring them?
- ☐ How many pre-construction deals have you closed, and with which builders?
- ☐ Will the builder pay your commission on this project? Will I ever owe anything?
- ☐ Can you get me VIP or platinum access?
- ☐ Will you review the APS clauses with me and my lawyer?
- ☐ Will you stay involved through occupancy, PDI and closing, which can be years away?
- ☐ Do you represent the builder on this project? (If yes, that is multiple representation, and it must be disclosed to you in writing.)
Related reading: The Ultimate Guide to Investing in Pre-Construction in Ontario · Platinum Access, VIP and Launch Pricing · 12 APS Clauses to Check · How to Buy Pre-Construction in Ontario
Frequently asked questions
Do I need a realtor to buy pre-construction in Ontario?
No, it is not required. You can buy directly from the builder. But the builder's sales team represents the builder. A buyer's agent represents you, and the builder usually pays their commission.
Will the builder give me a discount if I don't use an agent?
Usually not. Most builders keep the same price whether or not you bring an agent. The commission budget simply stays with the builder, so going alone rarely saves you money.
Can I add an agent after I have already visited the sales centre?
Sometimes, but it is risky. Many builders only recognize an agent who was registered or present at your first contact. Bring your agent in before you visit, call or fill out a registration form.
Who pays the buyer's agent on new construction?
In most cases, the builder. It is set out in the builder's co-operating commission terms. Under TRESA, your buyer representation agreement must state how your brokerage is paid, so check it before you sign.
Can the builder's sales rep represent me too?
Only with written disclosure and your consent. That is called multiple representation. RECO notes that in multiple representation, no client is fully represented. Most buyers are better served by their own agent.
Does a buyer's agent help after I sign?
A good one does. Pre-construction can take years. Your agent should track deposits and delay notices, help with assignment questions, attend or prepare you for the PDI, and guide you through closing and Tarion warranty forms.
About the author: Ola Otubu is a REALTOR® with Realty ONE Group Reveal, Real Estate Brokerage, and the founder of Buyprecon.ca. He represents buyers of new construction homes and condos across Ontario, from the first deposit through PDI, closing and warranty claims.
Disclaimer: This article is general information for Ontario buyers as of November 2026, not legal, tax or financial advice. Builder commission policies vary by project. Confirm terms in writing and have a real estate lawyer review your agreement before you sign.
Sources: Real Estate Council of Ontario (RECO), TRESA FAQs and RECO Information Guide; Ontario Real Estate Association (OREA), TRESA Phase 2 updates; Ontario.ca, "What to know before buying a home"; Home Construction Regulatory Authority (HCRA), "New to Ontario? What to Know Before Buying a Newly Built Home" and Ontario Builder Directory; Tarion Warranty Corporation.
Want your own agent before you visit a sales centre?
Ola Otubu can register you with the builder, get you VIP access, and review the deal with you before you sign. There's no cost to you as a buyer.