The BCP explained
Exclusive Buyer Brokerage Contract (BCP): a clear guide for Quebec buyers.
The BCP is the written relationship used when a buyer chooses representation by a real-estate broker for the purchase of a residential property covered by the form. It defines the mandate, the property search, each party’s obligations and the compensation terms to discuss.
In one sentence
What is a BCP?
In the OACIQ framework, it is the written contract that establishes the buyer’s relationship with their broker when the buyer wants to be represented for a purchase.
Your interests are the mandate
With a BCP, the broker can protect, defend and promote your interests, advise according to your needs and criteria, and present and negotiate a promise to purchase on your behalf within the agreement.
The relationship is readable
The contract records the essential property characteristics, price and purchase conditions targeted, respective obligations, duration and compensation terms to discuss before signature.
A process, not a promised result
A BCP does not guarantee that you will find a property, win an offer, obtain a price reduction or close a transaction. It defines the relationship and the work to be performed.
When it is used
The OACIQ purchase form applies to the purchase of certain residential properties.
The official OACIQ page identifies the BCP for the acquisition of a residential building of fewer than five dwellings, a divided co-ownership or an undivided co-ownership. Discuss the exact property and form with your broker.
Residential building under five units
For example, a single-family home or a small residential building within the scope described by the OACIQ.
Divided co-ownership
A condominium property where the applicable co-ownership documents and costs also form part of the buyer’s review.
Undivided co-ownership
A property held in undivided co-ownership, with the specific legal and practical questions directed to the notary and other professionals.
This page explains the OACIQ public guidance in original language. It does not determine whether a particular form is legally required for your transaction.
What the contract addresses
A BCP is more than a promise to send listings.
Read every section with the property and service in mind. Ask for clarification before you sign.
Your search brief
Property type, essential characteristics, sectors, price range, timing and purchase conditions help define what the broker is looking for.
Broker obligations
The contract describes what the broker undertakes to do, including the nature of the search, advice, visits, offer work and follow-up agreed with you.
Buyer obligations
You also have responsibilities: provide accurate information, collaborate, communicate changes and read and sign documents only after understanding them.
Duration and scope
The contract has a duration and a defined scope. Ask what properties, areas, types and situations are covered, and what happens at expiry.
Compensation
The amount and conditions of the buyer broker’s retribution must be specified. The contract should make the financial arrangement understandable before you commit.
Communication and follow-up
Discuss alerts, visit organization, document requests, offer presentation, condition deadlines and the level of contact you need to make the mandate work.
BCP versus equitable treatment
The distinction that changes what the broker can do for you.
The following is a plain-language comparison based on the OACIQ public guidance. It is not an interpretation of a specific contract.
| Question | BCP / buyer representation | No BCP / equitable treatment |
|---|---|---|
| Who does the broker work for? | The buyer, under the written purchase brokerage contract. | The buyer is not represented in this context. The seller’s broker continues to work for the seller; a collaborating broker without a BCP does not represent the buyer. |
| Can the broker promote my interests? | Yes, within the mandate and applicable rules: protect, defend and promote the buyer’s interests. | No. The broker must provide objective, equitable information about relevant facts and rights and obligations, but does not promote the buyer’s interests. |
| Can the broker advise based on my criteria? | Yes, including advice on price, comparable information, conditions and drafting within the brokerage scope. | The OACIQ describes the role as more limited; the broker cannot advise on the buyer’s price, comparable information or tailored conditions, except for usual inspection and financing clauses as described in its guidance. |
| Can the broker negotiate for me? | Yes, present and negotiate the promise to purchase on the buyer’s behalf under the relationship. | No, not to obtain a better price or conditions according to the buyer’s interests. |
| What about strategic information? | The buyer’s broker protects the buyer’s personal and strategic information within the applicable duties. | The buyer should not assume the seller’s broker owes the buyer the same confidentiality or advocacy. |
Equitable treatment is not “buyer representation lite.”
It is a different relationship. Ask the broker to explain the distinction before you share a maximum budget, urgency, negotiating limit or other strategic information.
The BCP in the transaction
From search to follow-up, the contract creates the working frame.
- Search: active listings, alerts, opportunities and, when appropriate, outreach for properties not yet broadly marketed.
- Visits: preparation, scheduling, questions, comparison and follow-up notes.
- Analysis: available property information, seller declarations, comparables, costs and questions to refer to specialists.
- Offer: strategy, applicable OACIQ forms, clauses, dates, conditions and careful explanations.
- Negotiation: presentation and negotiation on behalf of the represented buyer.
- Conditions: follow-up of inspection, financing, documents, deadlines and professional appointments.
- Closing: coordination with the notary and transaction professionals through the agreed brokerage follow-up.
The BCP does not make Kathleen a lawyer, notary or inspector. It defines the buyer-broker relationship; each specialist remains responsible for their professional advice.
Compensation and the BCP
Read the retribution clause and the official explanation together.
The exact amount and conditions are contractual. Do not rely on a general rule or on a verbal assumption.
Sharing may apply
When the seller has a brokerage contract, part of the seller-side compensation may be shared with the buyer’s broker and offset the amount provided in the buyer’s BCP, depending on the terms.
The BCP still matters
When the seller is not represented, the buyer may owe the full compensation described in the BCP directly or may include it in the purchase financing structure where permitted and agreed.
Ask the practical questions
What is the amount? When is it payable? How does sharing affect it? What if the property is found independently? What happens after expiry? Review the contract and OACIQ’s current retribution resource.
Official reference
Read OACIQ · Rétribution payable par l’acheteur and discuss the exact wording of your contract with the broker before you sign.
BCP FAQ
Questions buyers should ask before signing.
Am I obliged to sign a BCP?
The OACIQ presents different ways for a buyer to proceed. You are not represented by a broker without a written purchase brokerage contract, and the broker cannot promote your interests in that context. Ask the broker to explain the options, scope and compensation before deciding.
What is the difference between representation and equitable treatment?
With a BCP, the broker represents the buyer and can defend the buyer’s interests, advise according to the buyer’s criteria and negotiate on the buyer’s behalf. Without a BCP, the buyer is not represented and receives objective equitable treatment within the limits described by the OACIQ.
Who pays the buyer broker?
The contract states the amount and conditions. Seller-side sharing may offset the buyer’s obligation when the seller is represented and the terms are sufficient. If the seller is not represented or the sharing is lower, the buyer may owe the difference or the amount set out in the BCP. Read the official OACIQ retribution page.
Can I buy a property from an unrepresented seller with my broker?
Yes, a represented buyer can consider such a purchase. The buyer’s broker continues to represent the buyer, gives the seller equitable treatment and completes the additional verification and communication steps described by the OACIQ. See the official unrepresented seller resource.
Does the BCP limit the sectors or property types?
The scope is written in the contract. Discuss sectors, property types, price and essential characteristics before signing so the mandate reflects the project. The OACIQ form is used for the residential property categories described in its guidance.
How long does a BCP last?
The duration is stated in the contract. Read the start and end dates, expiry provisions and any post-expiry clause carefully, and ask the broker to explain what happens if you buy a property after the contract ends.
What if I find a property myself?
Tell your broker before contacting or committing with the seller. The BCP may address properties found independently and the broker’s entitlement where the purchase occurs within the contract or applicable post-expiry period. Read your signed contract rather than relying on a general assumption.
Does a BCP guarantee an accepted offer?
No. It defines representation and the broker’s obligations; it does not guarantee an accepted offer, a price, a property or the closing of a transaction.
Official resources
Start with the primary sources.
Want to read the BCP with your project in mind?
Discuss the sectors, property types, service expectations and compensation questions that matter before you decide.
