Real Estate Commission in Quebec: How It Is Set, Split and Taxed

In Quebec, real estate broker commission has no official rate: it is negotiated between the client and the agency, then written into the brokerage contract. This guide explains how it is calculated, who pays it, how it is split between the seller’s broker and the buyer’s broker, which taxes are added, and what the exclusive contract provides when it ends.

Every rule cited comes from the Real Estate Brokerage Act, the OACIQ’s mandatory forms or Revenu Québec. The sources are listed at the bottom of the page.

No set rate: what the law and the OACIQ say

Remuneration is a matter of free competition. According to the OACIQ, this remuneration, often called commission, “is not regulated by the Real Estate Brokerage Act or the OACIQ, or by any other law, but rather is determined by free competition.” The Act governs brokers’ activities, but it does not deal with the amount they can charge, and that amount varies from one banner to another and from one broker to another.

No official average rate. None of the official sources consulted for this guide (OACIQ, LegisQuébec, Revenu Québec, Competition Bureau) publishes an average rate for Quebec. The ranges that circulate online come from private websites, not from these bodies. A rate presented as “standard” is a proposal, not a rule.

Four possible forms. The OACIQ lists four:

• a percentage of the sale price, the most common form according to the OACIQ;
• a lump sum, set in advance, which does not change with the price;
• an hourly rate, which requires the DR schedule (Disbursements and remuneration);
• a combination of these options.

A written contract, on a mandatory form. For a mainly residential property with fewer than five dwellings, land intended for residential construction or a condominium, sections 23 and 24 of the Real Estate Brokerage Act require a contract “evidenced in writing on the mandatory form prepared by the Organization.” Section 26 adds that any verbal contract is null. In the exclusive brokerage contract to sell a house, remuneration goes in clause 7.1, followed by the words “plus applicable taxes.”

The math in dollars: a $630,000 sale

The percentage applies to the accepted price, not the asking price. The OACIQ gives the example of a property listed at $500,000 and sold for $495,000: the commission is calculated on $495,000. A lump sum stays the same whatever the price.

Take $630,000, the median single-family price in Laval in Q3 2026 according to the APCIQ barometer. One percentage point is worth:

A full example, with made-up rates. The rates below only illustrate the mechanics. They are neither usual rates nor recommendations: replace them with the ones in your contract.

Assume a listing contract at 4% (clause 7.1), a 2% share offered to the collaborating broker (clause 7.3) and, on the buyer’s side, a buyer brokerage contract at 2.5%.

The seller therefore receives $601,026.30 before paying off the mortgage and other costs. Had the buyer’s contract provided for 2% or less, the share offered would have covered everything and the buyer would have paid nothing directly.

For other prices, the medians of every Laval neighbourhood are worked out in the article on commission in Laval, and the closing costs calculator places this amount beside the other costs of the transaction.

Taxes: GST and QST on the commission

“Compensation is taxable, regardless of the form chosen,” writes the OACIQ. Revenu Québec explains the calculation: GST at 5% applies to the price, then QST at 9.975% applies to the same price. QST is therefore not calculated on the GST, and the two together add 14.975%.

In practice, multiply the commission by 1.14975. A 4% rate actually costs just under 4.6% of the price once taxes are added. That is the figure to use when estimating the net proceeds of a sale. The OACIQ notes that the broker must explain to the client that taxes are calculated on the remuneration in clause 7.1 and added to it.

Who pays: the seller, the buyer and the split between agencies

The seller pays the agency. If the broker acts for an agency, the remuneration is paid to the agency once the services are rendered. What the agency then pays its broker is an internal arrangement that does not appear in the client’s contract.

The seller’s agency shares with the buyer’s agency. Under clause 7.2, the seller recognizes the agency’s right to share its remuneration with an agency that collaborates in the sale. Under clause 7.3, the agency undertakes to collaborate with any agency that asks and writes in the percentage or amount it will pay, out of the sum owed to it. The form warns that a share on unreasonable terms could reduce other brokers’ interest in proposing the property to their clients.

The broker must disclose everything in writing. According to the OACIQ, the seller’s broker must disclose in writing the conditions of their remuneration, including the share offered to collaborating brokers, and the consequences of those conditions.

What the buyer pays. Clause 6.2 of the exclusive brokerage contract to purchase provides that the share received from the seller’s agency is deducted from the remuneration agreed with the buyer. The broker must tell the buyer the amount they expect to receive before the buyer makes an offer. According to the OACIQ, “the buyer may not have any remuneration to pay directly to his own broker.” If the share received is lower, or if the seller has no broker, the buyer pays the difference. Clause R2.5 of Schedule R then allows it to be included in the purchase price so it can be financed, subject to what the lender accepts.

Two details on the buyer’s side. The buyer brokerage contract can include standard clause 1.12, under which the broker claims nothing from the buyer if they receive a share. And according to the OACIQ, a buyer brokerage contract at 0% would not bind the parties: the broker could not then represent the buyer.

A dispute to avoid. The OACIQ points out that visiting a house with the seller’s broker without saying you intend to be represented by your own broker can lead to a dispute between brokers over remuneration. The criterion, called the efficient cause of the sale, is governed by APCIQ rules. Each side’s obligations are detailed in the guide to the buyer brokerage contract.

When commission becomes payable

Clause 7.1 of the listing contract sets out four cases:

1. an agreement to sell the property is made during the contract, with or without the agency’s involvement, and all its conditions are fulfilled, except the signing of the deed of sale and payment of the price;
2. the seller refuses a promise to purchase that meets the conditions of sale in the contract;
3. a sale takes place within 180 days after the end or termination of the contract with a person who was interested in the property during the contract, unless a new exclusive contract was signed in good faith with another agency;
4. a voluntary act by the seller prevents performance of the contract.

The OACIQ sums it up: the deed of sale does not have to be signed for the remuneration to be earned. In practice, the remuneration is paid after the deed is signed, out of the sale proceeds, under clause 11.4 of the promise to purchase. The notary distributes the sums, as explained in the guide to the notary in Quebec.

Conversely, clause 7.4 rules out any remuneration if the deed is not signed through the buyer’s fault, or if the broker, their spouse or a company they control acquires an interest in the property.

Outside cases 2 and 4, it is simple: no sale, no commission. I lived it in 2026. A seller took her house off the market a few weeks after listing it, for personal plans, and I was not paid for that file. A broker is not a salaried employee: without a sale, a broker is generally not paid. What a file without a sale can leave behind is the client’s trust and referrals, and in this business they count as much as the commission.

The exclusive contract: term, termination and 180 days

The term. The contract ends at 11:59 p.m. on the date written in clause 2.1. With no date, it ends 30 days after it is made. The form does not set the date itself: it is negotiated.

Three days to change your mind. Section 28 of the Act lets the client terminate the contract at their discretion within three days after receiving a copy signed by both parties, despite any stipulation to the contrary, by simple written notice. Section 29 then bars any remuneration, unless a sale meeting the conditions of section 27 takes place.

After that period. Clause 2.1 lets the seller terminate at any time, without cause, unless clause 11.1 states otherwise. The seller may then have to pay the costs and expenses incurred by the agency or compensate it for the damage suffered, as article 2129 of the Civil Code provides, the OACIQ notes. A contract can be stipulated as non-terminable, but the three-day right remains. The agency, for its part, can terminate only for a serious reason, and not at an inopportune time.

The 180-day protection. Section 27 of the Act makes a clause requiring the client to pay after the contract expires valid only if three conditions are met: the contract is exclusive, the buyer was interested in the property during the contract, and the sale occurs no more than 180 days after expiry, without the client having signed an exclusive contract with another broker in the meantime. According to the OACIQ, a person who visited the property or made a promise to purchase during the contract is generally considered interested. The period runs from the scheduled end date, or from the termination date. Section 30 bars waiving these rights by agreement.

The rest of the form is reviewed clause by clause in the guide to the listing brokerage contract.

What is negotiable, and what to get in writing

Before signing, these points are open for discussion:

1. The rate or lump sum in clause 7.1, and the price it applies to.
2. The form of remuneration: percentage, lump sum, hourly rate with the DR schedule, or a combination.
3. The share offered to the buyer’s broker, in clause 7.3.
4. The end date of the contract, in clause 2.1, and whether it can be terminated.
5. Any agreed reduction, for example for designated persons, in the “Other declarations and conditions” section or in a schedule.
6. The services included: photography, floor plan, virtual tour, advertising. The form does not list them; ask for them in writing.

For buyers, the same questions apply to the buyer brokerage contract, plus clause 1.12 on non-claiming of remuneration.

If you disagree about remuneration, the OACIQ says it does not usually intervene in such disputes and refers clients to the agency’s executive officer, who must ensure that ethical obligations are respected.

Selling without a broker or for a flat fee: what changes

Selling without a broker avoids the commission on the seller’s side. It does not remove the buyer’s broker’s commission: a represented buyer has signed a buyer brokerage contract, and if nobody pays a share, the buyer pays their broker, sometimes by adjusting their offer. The seller also takes on the marketing, the visits, the negotiation and the documents.

A flat fee and limited service are other permitted options: a fixed amount, or lower remuneration in exchange for fewer services. Check what is included, what becomes a paid extra and what remains your responsibility. The full comparison is in the article on selling with or without a broker.

What has changed in Canada since 2024

On October 3, 2024, the Competition Bureau announced it was advancing its investigation into the commission rules of the Canadian Real Estate Association (CREA). Those rules require the seller’s agent to offer compensation to the buyer’s agent for a property listed on an MLS system. The Bureau is examining whether they discourage buyers’ agents from competing with lower rates. On February 20, 2026, it extended the investigation to Greater Vancouver REALTORS, stating that no conclusion of wrongdoing had been reached. Its releases do not single out Quebec.

In Quebec, the share is still set by clause 7.3 of the mandatory form. On October 15, 2026, the Bureau also reached an agreement with the Quebec Professional Association of Real Estate Brokers (QPAREB) requiring it to provide its members with a real estate data feed for ten years. That agreement concerns access to data, not the amount of commissions.

Want the calculation for your property rather than for a median? Write to me with the address and your target price: you will get the remuneration converted into dollars, taxes included, and the share offered to the buyer’s broker, before anything is signed.

Georges Matar

Residential Real Estate Broker · RE/MAX DU CARTIER INC.

Contact Georges Leave a Google review

Like these articles? Add georgesmatar.ca to your preferred sources on Google to see them more often in your results.