Facilitation Services

Purpose:  This bulletin explains facilitation services a real estate brokerage can provide when representing both a buyer and seller in the same transaction.

The term “transaction facilitator” refers to:

  1. one or more real estate professionals at a common law brokerage when the brokerage represents both the buyer and seller in the same transaction; or
  2. a real estate professional at a designated agency brokerage who represents both the buyer and seller in the same transaction.

With the buyer and seller permission, transaction brokerage allows real estate professionals to act as a transaction facilitator to work with buyer and seller clients in the same transaction. A transaction facilitator treats the buyer and seller in an even-handed, objective and impartial manner.  A transaction facilitator does not give confidential advice, advocate on behalf of either the buyer or the seller, or use discretion or judgment that benefits one client over the other.

Even handed, objective and impartial
If you are a transaction facilitator, consider the following questions to ensure you remain even-handed, objective, and impartial:   

Acting as a transaction facilitator
The buyer and seller must agree in writing to the provision of facilitation services. “Representing the Buyer and Seller” is the name of the agreement.

Providing information in advance of any conflicts
Real estate professionals are responsible for preparing their clients for the transaction process. They need to provide clients with information on the practical aspects of the purchase process in advance of becoming a transaction facilitator. Prior to any representational conflict existing, real estate professionals should provide clients with information that will prepare them for the possibility of transaction brokerage. Should a transaction brokerage situation arise, you will refer the client back to the information previously given. The facilitator asks questions, communicates with both parties and gives information on issues of mutual interest.

In providing facilitation services, the facilitator may: 

Refer clients to previous information
You may give public information in transaction brokerage to both parties. Examples may include the title and tax information, blank real estate forms, Property Inspection Request Form and any general information that would be helpful to the buyer.

Refer clients to current information
You must give the following information or documents to the parties: 

A transaction facilitator must give a buyer any property information provided by the seller.  Some examples include a water well quality and quantity report, septic tank report, Real Property Report and copy of title.

Provide clients with further information
Other available information may be important to your client’s decision to buy or sell property. This is not an inclusive list.  Some examples include:

Ask clients probing questions
To help a client write an offer or counter offer, the transaction facilitator can ask probing questions to determine the terms and conditions the clients want to include. Probing questions make clients think about various issues and their options. A transaction facilitator can give general information and alternatives for each issue but must not advice.


  1. Property inspection of a residential property
    If you give and discuss the Property Inspection Request Form to the buyer before a transaction brokerage situation happens, you can refer the buyer to the form when you are in transaction brokerage.  You may ask if they understand the information and answer any general questions concerning the available inspections and reports. The transaction facilitator can outline the advantages and disadvantages associated with including a property inspection condition.  You may ask the buyer if they want to include any inspections and draft the offer according to the buyer’s instructions.
  2. The buyer chose to have their offer subject to the sale of their home and did not include a Sale of Buyer’s Home Schedule.   Taking the seller’s home off the market until the buyer’s home sells may not be in the best interest of the seller.  How does the transaction facilitator assist the seller in determining if they should accept this condition and not give advice to the seller? 

If you give and discuss the Sale of Buyer’s Home Schedule to the seller at the time of listing the property, you can refer the seller to the form when you are in transaction brokerage.   

A transaction facilitator can ask questions of the seller to determine how the seller feels about that condition. 
Does the seller understand that their home will come off the market?
Does the seller know they can only entertain back-up offers?
Is the seller aware of other options to this condition?

The transaction facilitator can answer any questions from the seller outlining the advantages and disadvantages of any options for the sale of the buyer’s home.  You may ask the seller what they want to do and follow the seller’s instructions.

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