Designed for licensees and made available for public information, some of the hyperlinks in this guideline are not publicly available.

4. Respecting the “collaboration mode”

A licence holder must collaborate with any other licence holder who so requests. Both licensees are then in “collaboration mode,” according to the expression commonly used in real estate brokerage.

When in “collaboration mode,” the parties’ behaviours must always be governed by good faith. For example, a licence holder must never manipulate time frames to favour one buyer to the detriment of another.

It is also important to agree on the period during which the licence holder wishes to remain in “collaboration mode” when this mode is not automatically triggered.

In the following situations, “collaboration mode” is automatically triggered between brokers. There is no need for a specific request to the licence holder with whom one will be in “collaboration mode:”

Request for information from the seller’s broker

  • Licence holders enter into “collaboration mode” from the time information is requested by phone, text, email, Immocontact or in person, until an answer to each question asked is received;
  • Even after obtaining answers to all his questions, a licence holder can remain in “collaboration mode” if a written request is sent to this effect. In this case, the requesting licence holder must specify the time period during which he wishes to be in “collaboration mode.” He must be clear about how long he wants to remain in “collaboration mode” in order to avoid an ambiguity or dispute.

Property visit

  • Licence holders are in “collaboration mode” from the time a visit is requested until the visit is completed;
  • When a licence holder wishes to remain in “collaboration mode” after the visit, he must make the request in writing to the seller’s broker, specifying the time period during which he wishes to remain in “collaboration mode.” He must be clear about how long he wants to remain in “collaboration mode” in order to avoid an ambiguity or dispute;
  • The seller’s broker must respond to all requests for visits and allow other licence holders to access the property with their buyers. The seller’s broker must not give priority to unrepresented buyers to the detriment of others. He must provide fair treatment to all parties, whether or not they are represented.

Signed promise to purchase

  • Licence holders are in “collaboration mode” from the time the seller’s broker is informed that a promise to purchase has been signed, until:
    • the conditions of this promise to purchase are fulfilled;
    • the seller’s broker informs the buyer or his broker that the promise to purchase has been refused;
    • the buyer or his broker informs the seller’s broker that the seller’s counter-proposal has been refused;
    • the buyer acknowledges receipt of the refusal or his promise to purchase or counter-proposal by the seller.

This being said, in order to be in “collaboration mode,” the licence holder representing the buyer must have a signed promise to purchase in hand. An intention to present a promise to purchase is not sufficient for the two licence holders to be in “collaboration mode,” unless the request is made in writing.

In addition, if the seller’s broker is informed that another promise to purchase will be presented, he must inform his client before the latter decides to accept, refuse or counter a promise to purchase he already has in hand.

Collaboration once a promise to purchase is accepted:

The obligation to collaborate remains even after a promise to purchase has been accepted, until all conditions have been fulfilled. Thus the licence holders must collaborate in the fulfilment of the conditions, for example by:

  • making sure the seller acknowledges receipt of the lender’s commitment confirmation;
  • allowing the inspection to be carried out within the required period;
  • providing all information and documentation required for the fulfilment of the transaction without delay;
  • making sure deadlines are respected;
  • providing the parties with any relevant information of which the broker is informed after the acceptance of the promise to purchase and prior to the signing of the deed of sale;
  • etc.
Last updated on: September 20, 2022
Numéro d'article: 253767