How Long Do Real Estate Agents Keep Records?
In Ontario, brokerages are required to retain real estate transaction records for at least six years under regulations made under the Trust in Real Estate Services Act (TRESA), and FINTRAC anti-money-laundering rules require certain client identification records to be kept for at least five years after the business relationship ends. The brokerage — not the individual agent — is the legal record holder.
What records are kept
- Listing and buyer-representation agreements.
- Agreements of Purchase and Sale and amendments.
- Trade record sheets and trust ledger entries.
- FINTRAC client identification records and risk assessments.
- Disclosure documents (e.g. multiple representation, working with a REALTOR®).
Who actually holds the file
The brokerage’s broker of record is responsible for record retention. If your agent leaves the brokerage, the records stay with the brokerage. If the brokerage closes, RECO has authority to take custody of records to ensure continuity for consumers.
How to request a copy
Contact the brokerage directly in writing and reference the property address and approximate closing date. Brokerages will generally provide copies of agreements you signed; trust account records and internal compliance documents are not typically released. Your real estate lawyer also retains a separate file under their own retention rules — often longer than six years.
Why retention matters in disputes
If a complaint or civil claim arises after closing, the brokerage’s file is the primary documentary record. The six-year window covers most limitation periods under Ontario’s Limitations Act, but property-related claims can have longer effective windows for latent defects discovered later. If you anticipate a dispute, request and store your own copies of every signed document.
Frequently Asked Questions
- Can my old agent give me a copy directly?
- Practically yes for documents you signed, but the legal record is held by the brokerage. The agent will route the request through the broker of record.
- Do the same rules apply to commercial transactions?
- Yes — TRESA and FINTRAC retention rules apply across residential and commercial brokerage activity in Ontario.
- What if the brokerage went out of business?
- Contact RECO. Where a brokerage’s registration is revoked or it ceases operating, RECO can direct or take custody of files to protect consumers.
Related Reading
Primary sources for jurisdictional facts:
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