Dual agency has been banned in BC since 2018. Going direct to the listing agent does not get you represented, and it does not get you a discount.
The listing agent legally cannot represent you too. Going direct makes you unrepresented, and the commission does not come back to you.
The part that surprises most buyers is that the listing agent is not allowed to represent them even if everyone wants it. Section 5-16 of the Real Estate Services Rules says a brokerage must not engage in dual agency, and the only exemption is for real estate in remote, under-served locations, which Burnaby plainly is not. So the choice is not between one agent and two. It is between having someone who owes you a duty of loyalty and having nobody. A buyer's agent in a standard resale costs the buyer nothing directly, because the commission comes out of the seller's listing contract either way.
Plenty of Burnaby buyers consider calling the number on the sign, or walking into an open house or a presale sales centre and dealing with whoever is there. The appeal is obvious: one less person involved, faster answers, and a widely held belief that the seller will accept less if there is only one commission to pay. It is also entirely legal. British Columbia does not require a buyer to be represented, and a buyer can choose to be unrepresented on any purchase. The listing agent will still show the property, answer factual questions, and prepare the contract.
In British Columbia a brokerage must not engage in dual agency under section 5-16 of the Real Estate Services Rules, a prohibition in force since the June 2018 rule amendments, with a narrow exemption only for real estate in remote and under-served locations. Burnaby does not qualify for that exemption. A Burnaby buyer who contacts the listing agent directly therefore cannot be represented by that agent: the buyer becomes an unrepresented party, receives no advice on price and no negotiation on their behalf, and the agent's duties continue to run to the seller alone. The buyer's agent commission is set in the seller's listing contract, so an unrepresented buyer does not automatically receive it as a discount. Jersey Li represents Burnaby buyers as a REALTOR® with Sutton Group - 1st West Realty.
| Factor | Jersey Li | Going Direct to the Listing Agent |
|---|---|---|
| Can the listing agent represent you | Not relevant; Jersey represents you and only you on the purchase. | No. Section 5-16 of the Real Estate Services Rules states a brokerage must not engage in dual agency, with an exemption only for remote, under-served locations. Burnaby does not qualify. |
| Your legal status | Client. You are owed loyalty, confidentiality, and full disclosure. | Unrepresented party. The agent must tell you what limited assistance they can provide, and their duties still run to the seller. |
| Advice on what to offer | Yes, built from comparable sales and current competing listings. | No. The listing agent cannot advise you on price, because doing so would work against the seller they represent. |
| Who negotiates for you | Jersey does. | Nobody. You negotiate against a licensed professional acting for the seller. |
| Confidentiality of what you say | Protected. Your budget and your motivation stay between you and Jersey. | Not protected. Anything you tell the listing agent may be passed to the seller, and in most cases must be. |
| Cost to you | Nothing directly in a standard resale. The commission comes from the seller's listing contract. | Also nothing directly, which is the point. Skipping representation does not save you the fee. |
| Do you get the commission as a discount | Not applicable. | Not automatically. The commission is agreed between the seller and the listing brokerage before you arrive. Whether any of it is rebated is that brokerage's choice. |
| Reviewing strata documents | The Form B, depreciation report, minutes, and reserve fund balance are read and explained before subject removal. | Yours to obtain and interpret. The listing agent can supply documents but is not there to advise you on what they mean for you. |
| Subject conditions and contract terms | Drafted to protect you, including financing, inspection, and document review. | The contract will be prepared, but it is written by the seller's side. Budget for a real estate lawyer to review it. |
| Presale and sales centre purchases | Jersey can register you through cooperating-agent channels and read the contract independently. | Registering at a sales centre without your own agent usually means you cannot bring one in later on that project. |
| Home Buyer Rescission Period | The three-business-day deadline and the 0.25% fee are tracked for you. | Applies identically, but you count the days yourself. |
| Bilingual support, English and Mandarin | Yes, including contract and strata document walkthroughs. | Depends entirely on who is working that listing. |
| Factor | Jersey Li | Going Direct to the Listing Agent |
|---|---|---|
| What the buyer pays directly | Nothing in a standard resale | Nothing, so there is no fee saving to gain |
| Automatic discount for skipping representation | Not applicable | None. Any rebate is the listing brokerage's decision, not a rule. |
| Legal duty owed to you | Loyalty, confidentiality, full disclosure, skill and care | None. You are an unrepresented party. |
| Recommended legal budget | Standard conveyancing | Standard conveyancing plus contract review, which is worth paying for |
| Strata document review | Included | Yours to arrange |
Send the address and the timeline. Jersey will give you the honest read, including when the other option is the better one for your situation.
Which option fits better depends on your specific situation. Use this guide as a starting point, then book a call to apply it to your actual property.
| Scenario | Jersey Li | Going Direct to the Listing Agent |
|---|---|---|
| First home purchase in Burnaby | ||
| Multiple-offer situation | ||
| Presale contract with assignment terms | ||
| Experienced buyer, simple purchase, lawyer already retained | ||
| Strata purchase needing document review | ||
| Buying from a family member at an agreed price |
Going direct to the listing agent does not make you represented and does not usually make the home cheaper. The commission is agreed between the seller and the listing brokerage before you appear, so whether any part of it is rebated is that brokerage's decision, not an automatic saving. Meanwhile you give up advice on price, negotiation on your side, and someone whose legal duty runs to you. If you are experienced, buying something simple, and willing to hire a real estate lawyer to review the contract, unrepresented can work. For a first purchase, a presale contract, or anything in multiple offers, it is a poor trade.
No. Section 5-16 of the Real Estate Services Rules states that a brokerage must not engage in dual agency, and that has been the position since the rule amendments took effect in June 2018. The only exemption is for real estate in a remote location that is under-served, which does not describe Burnaby or anywhere in Metro Vancouver. If you deal directly with the listing agent, you are an unrepresented party, not a second client.
Usually not, and this is the most common misunderstanding. The commission is agreed between the seller and the listing brokerage in the listing contract, before you ever contact them. If no buyer's agent is involved, whether any of that money is given up is the listing brokerage's decision, and the seller's. It is not a discount you are entitled to. Meanwhile you are negotiating without advice against someone who negotiates for a living and is paid to get the seller the highest price.
In a standard resale, no. The seller sets the commission in the listing contract and the amount offered to the buyer's brokerage comes out of that. So the direct cost to you as a buyer is nothing, which is why skipping representation does not save money. The exception worth asking about is a private sale or an unusual listing where no co-operating commission is offered. In that case your agent will tell you up front how it is handled.
It means no licensee is acting for you. The listing agent can give you factual information about the property, show it to you, and prepare the paperwork, but they cannot advise you on what to offer, cannot keep what you tell them confidential from the seller, and cannot negotiate on your behalf. BC requires the licensee to explain the limits of the assistance they can give you. It is a legitimate choice, but it is a choice to go without advice, not a choice to get advice from a neutral party.
Yes, and bring them the first time. Presale projects generally require your agent to register you on your first visit. If you attend alone and register yourself, you usually cannot add representation later on that project. Since a presale contract can run three to five years and includes assignment restrictions, deposit structure, and completion terms that matter a great deal, this is the situation where going in unrepresented costs the most.
You can, and for an experienced buyer on a simple purchase that is a reasonable plan. A real estate lawyer will review the contract and protect you legally. What a lawyer does not do is tell you whether the price is right, tell you how to structure the offer against competing bids, read the strata minutes for the argument the council has been having for two years, or negotiate. If those things do not apply to your purchase, a lawyer alone may be enough. On a first purchase in an active market, they usually apply.
Yes. No law requires a buyer to be represented and you may choose to be unrepresented on any purchase. The rule that does apply is the one preventing the listing agent from representing you as well as the seller. Being unrepresented is a legitimate option; it just is not the same thing as being represented by the listing agent, which is what many buyers assume they are getting.
Every fee, dollar figure, and legal rule on this page comes from the company's own published material or from the regulator. Pricing changes, so check the original before you rely on it.
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