What happens if my agent makes a mistake?
“What happens if my agent makes a mistake?” — and why that question could cost you tens of thousands if you don’t act fast.
Don’t ignore this: agent mistakes are not rare in Milton real estate
Selling a home in Milton, ON moves fast. Prices, offers, and deadlines can flip in 24–72 hours. When an agent slips — a missed disclosure, a wrong listing price, a botched offer — the damage is real. I’m Tony Sousa, a Milton REALTOR®. I’ve fixed listing errors, recovered lost offers, and reduced legal exposure for sellers. Here’s the direct, no-fluff playbook every Milton seller must follow when an agent makes a mistake.
Immediate consequences of an agent mistake
- Financial loss: Undisclosed defects, incorrect pricing, or errors on the listing can reduce sale price, void offers, or trigger claims for damages.
- Contract problems: Mistakes on offers, conditions, or deadlines can lead to breached contracts or cancelled sales.
- Delays and lost buyers: Slow or wrong communication loses buyers in Milton’s competitive market.
- Legal exposure: Misrepresentation, negligence, or failure to disclose can lead to complaints to RECO, civil suits, or claims in small claims court.
These aren’t theoretical. I’ve seen clients lose thousands due to a poorly-worded condition or a missed inspection deadline. Milton buyers move quickly; sellers pay if agents don’t.
The local edge: why Milton, ON matters
Milton sits inside the Greater Toronto Area growth corridor. Buyers here are often commuters, families looking for larger lots, and investors watching transit expansions. That creates pressure on pricing and disclosure.
Local nuances that increase risk:
- New-build pockets and inventory cycles mean mispricing can push your home into the wrong buyer segment.
- Conservation and development rules around headwater areas and wetlands can create disclosure traps.
- Commuter buyer expectations (quick closing, flexible conditions) demand fast, precise negotiation.
That’s why local expertise matters. You want someone who knows Milton zoning quirks, buyer patterns, and how the local MLS plays out.
How agents are accountable in Ontario — what sellers need to know
- Brokerage responsibility: Agents operate under a brokerage. The brokerage is ultimately responsible for supervision. If your agent errs, the brokerage is on the hook too.
- REBBA and RECO oversight: The Real Estate and Business Brokers Act and the Real Estate Council of Ontario set professional standards. File a complaint with RECO for serious misconduct or unethical behaviour.
- Errors & Omissions insurance: Most brokerages carry insurance to cover negligent mistakes. It can limit financial exposure but it’s not automatic—coverage has limits.
- Statute of limitations: Under Ontario’s Limitations Act, you typically have two years from the date you knew about a problem to start a lawsuit. That makes fast action crucial.
I always tell sellers in Milton: document everything the moment you suspect an issue.
Step-by-step: What to do the moment you notice a mistake
- Stop and document
- Save emails, texts, MLS screenshots, contracts, and photos. Write a short timeline with dates.
- Contact the agent and brokerage immediately
- Ask for a written explanation and correction plan.
- Call your lawyer
- Don’t rely on the agent’s version alone. Get legal advice on next steps and preserve rights.
- Mitigate damage
- Fix the listing, correct disclosures, notify potential buyers if required. The faster the correction, the lower the claim risk.
- File a complaint if needed
- If the agent admits gross negligence or refuses to correct, file with RECO and the brokerage’s complaints process.
- Preserve evidence for insurance or court
- Keep every communication. Your brokerage’s Errors & Omissions insurer will want full records.
Acting fast reduces both financial and legal risk. Delays let the problem spread.
Common agent mistakes I see in Milton — and how to prevent them
- Wrong listing price: Prevent by demanding a comparative market analysis and a clear pricing strategy before you sign.
- Missing disclosures: Prevent with a seller disclosure checklist reviewed with your lawyer.
- Mishandled offers: Prevent by requiring offers in writing, with clear timelines and an immediate notification clause.
- Incorrect MLS data: Prevent by reviewing MLS copy and photos before posting; get final sign-off from the seller.
- Conflicts of interest: Prevent by asking for disclosure of any dual agency or referral relationships in writing.
A single line item gone wrong can cost you thousands. Insist on checks and written confirmations.
Remedies available to sellers in Milton
- Corrective actions: Edit the MLS, reprice, re-market, or add disclosures to limit further harm.
- Negotiation fixes: If an offer collapses due to agent error, renegotiate with the buyer or their agent.
- RECO complaint: Professional discipline, fines, or license conditions may follow for serious misconduct.
- Civil claims: Recoverable damages for negligence, misrepresentation, or breach of contract—pursue via small claims or Superior Court depending on amount.
- Insurance claims: Brokerage E&O insurance may cover compensation for negligent mistakes.
Each remedy has pros and cons. Talk to a local real estate lawyer before suing; sometimes quick negotiation recovers more than a lengthy court case.
How I protect Milton sellers — the checklist I use every listing
- Pre-listing legal review of disclosure obligations
- Written and signed Seller Representation Agreement with clear commission and duties
- Full MLS preview and seller sign-off on all marketing copy and photos
- Firm timelines and a communication protocol in writing (how and when offers are presented)
- A backup escrow/legal contact for deadlines and deposits
- Regular status reports during marketing
This process prevents most mistakes before they happen. When they do happen, it speeds resolution.
Seller Q&A — short answers you can use now
Q: Can an agent cancel a contract without my consent?
A: No. A listing agreement is a contract. Only parties to that contract (seller and brokerage) can cancel or amend it in writing.
Q: What if my agent forgets to disclose a problem after I asked them?
A: You can demand immediate correction, notify buyers, and consult a lawyer. If the omission caused loss, you can file a complaint with RECO and seek damages.
Q: How long do I have to sue an agent in Ontario?
A: Typically two years from the date you discovered (or ought to have discovered) the issue under the Limitations Act. Start with legal counsel quickly.
Q: Will RECO pay me money if an agent’s mistake cost me a sale?
A: RECO disciplinarily regulates licensees and can order penalties but does not award damages. For compensation, pursue a civil claim or E&O insurance through the brokerage.
Q: Should I switch agents if a mistake is made?
A: Sometimes. If the agent and brokerage offer a fast, documented fix, you may avoid litigation. If trust is broken and damage occurred, change agents and get legal advice.
Final move — be proactive, protect your sale
Selling in Milton demands speed and precision. Agent mistakes happen. They’re costly when sellers don’t act fast. Protect your equity with a simple rule: inspect, document, and escalate. Use a written process and insist on local expertise.
If you want a straightforward review of your listing paperwork, a free risk check on your MLS listing, or immediate help if something went wrong, contact me. I focus on Milton sellers. I’ll tell you precisely what to fix, what to demand from the agent, and when to bring in a lawyer so you don’t lose money.
Tony Sousa — Milton REALTOR®
Email: tony@sousasells.ca
Phone: 416-477-2620
Website: https://www.sousasells.ca
FAQ (Expanded): quick answers Milton sellers ask most
Q: How do I know if a mistake is serious enough to sue?
A: If it caused measurable financial loss or a material breach of contract, consult a lawyer. Small clerical errors often fix quickly. Material misrepresentations or lost offers that cost you thousands are usually serious.
Q: What evidence will help my case?
A: Emails, texts, MLS screenshots, signed agreements, inspection reports, photos, and a dated timeline. Get everything in writing immediately.
Q: Can I demand compensation directly from the agent?
A: You can demand it, but the agent may not have personal funds. Often you need to claim through the brokerage’s E&O insurer or file a civil claim.
Q: Will switching agents harm my sale?
A: It can if not handled carefully. Inform the old brokerage in writing and ensure you understand any listing agreement obligations or termination fees.
Q: How can I avoid mistakes when listing my home?
A: Use a local expert, insist on written processes, preview all marketing material, and keep a lawyer in the loop for disclosures and contract review.
If you’re selling in Milton and want a fast, no-nonsense review, reach out. I’ll diagnose the risk and give a clear, immediate plan.
Contact: tony@sousasells.ca | 416-477-2620 | https://www.sousasells.ca
