July 2025 Forms Updates

May 2, 2025

The Commission Board of Directors has approved forms changes as recommended by the Forms Committee, effective July 1, 2025. The majority of these changes are being made to coincide with the By-law revisions, which also takes effect on July 1, 2025.

The forms being updated include: 

• Form 100: Working with the Real Estate Industry
• Form 110: Buyer Customer Acknowledgement (will be renamed Buyer Unrepresented Party Acknowledgement)
• Form 112: Seller Customer Acknowledgement and Fee Agreement (will be renamed Seller Unrepresented Party Acknowledgement and Fee Agreement)
• Form 200: Seller Brokerage Agreement
• Form 201: Seller Designated Brokerage Agreement
• Form 203: Mere Posting Service Agreement
• Form 211: Property Disclosure Statement
• Form 212: Property Disclosure Statement for Vacant Land
• Form 222: Amendment to the Service Agreement
• Form 224: Temporary Withdrawal or Termination of Service Agreement
• Form 300: Buyer Brokerage Agreement
• Form 301: Buyer Designated Brokerage Agreement
• Form 407: Multi-Unit Residential Income Property Schedule
• Form 411: Transaction Brokerage Agreement for Common Law
• Form 412: Transaction Brokerage for Designated Agency

To view the changes by form, click HERE.

To review the new forms coming into effect in July, click HERE. These watermarked versions are only for education of licensees and consumers before they are implemented.

Licensees are to continue using the current versions of the forms up to and including June 30, 2025 and are to be immediately discontinued on July 1 when the new forms come into effect. It is essential that all licensees review and understand these new forms prior to their implementation.

On July 1, 2025, the revised forms go into effect and their use will be mandatory.

Reminder about Property Disclosure Statement (PDS)Forms:

Form 211: Property Disclosure Statement and Form 212: Property Disclosure Statement for Vacant Land are seller-driven forms meant to give primary information to buyers about the seller’s knowledge of a property’s condition. When a buyer’s agent receives a PDS from a seller for their buyer client, this should be the beginning of a conversation. If a buyer has follow up questions or other questions not covered in the standard wording of the PDSs, the buyer’s licensee is responsible for contacting the seller/seller’s agent to ask those important questions. This also goes for when a PDS has not been provided. The buyer’s licensee is required to protect the interest of their client and follow their lawful instruction, which includes asking questions to finding information they need to make an informed decision.

Communicate With Your Clients

Licensees must protect their client’s interests by having conversations with their clients about these upcoming changes. Depending on the sophistication and previous experience a consumer has, whether the consumer is buying or selling, what stage they are at in the process, and/or the type of property, the conversations may include, but are not limited to:

• Explaining that “customers” will be renamed “unrepresented parties.”
• The new and improved definition of material latent defect.
• Conflicts of interest: what requires disclosure and how they would be resolved.
• Improvements to the competing offers clauses, including clarity on what can be disclosed and the importance of the seller’s lawful instruction.
• Updates to Form 407: Multi-Unit Residential Income Property Schedule
• Disclosures
• Property Disclosure Statements

The Commission’s website pages with password protected non-member versions and watermarked versions for consumer information will be updated for July.

Agency Agreements That Overlap July 1

If a client signs an agency or service agreement form before the forms changed, with an expiry date after July 1, they do not need to re-sign new agreements. The existing contracts are still valid. But if licensees need to use any subsequent forms after July 1 with the client (such as Form 224: Temporary Withdrawal or Termination of Service Agreement), licensees must use the new, updated version of that form.

Multi-Unit Property Clients That Overlap July 1

Licensees must advise their clients of the new version of the form coming into effect, the differences between the current and new version, and how they might affect their transaction if it is near or overlapping July 1.

For licensees representing buyer clients: If a buyer client wants to submit an offer on a property where the APS would require an attached Form 407: Multi-Unit Residential Income Property Schedule, they must decide if they want to proceed before July 1 using the old Form 407 or wait until the new version comes into effect to submit their offer. The licensee must follow the lawful instructions of their client.

For licensees representing seller clients: If your client receives the wrong version of the form, advise them immediately of the issue, and request/counter than the correct version be re-submitted.

Transactions and/or Properties that Involve Property Disclosure Statements

Licensees must advise their clients of the new version(s) of the form coming into effect, the differences between the current and new version, and how they might affect their transaction if it is near or overlapping July 1.

For licensees representing buyer clients:

• If the seller already provided a PDS prior to July 1, it would be completed on the current version. After July 1, that version still remains valid. If your buyer client has concerns or questions, the licensee can contact the seller’s licensee for clarification or to ask if the seller can provide an updated PDS using the new version of the form.
• If the PDS is to be completed as a condition of an offer and the buyer prefers to receive the new version, they will have to wait to include a buyer’s condition deadline after July 1 to allow the new form to come into effect. If the buyer’s conditions dates overlap (for example: offer accepted June 27, buyer’s conditions deadline July 11) and the buyer wants to receive the new version, this direction must be included in writing in the offer.
• If your client receives the wrong version of the form, advise them immediately of the issue, and request/counter than the correct version be re-submitted.

For licensees representing seller clients:

• Ensure the seller completes the correct version of the PDS in place at the time.
• If the seller completed a PDS prior to July 1 that version is still valid after July 1. Therefore, they can decide to complete a new PDS on the new version after July 1, but they are not required to do so. Whether a seller decides to continue using their original PDS, or to complete an updated one on the new form, the licensee must follow the lawful instructions of their client.

MORE DETAILS ON THE CHANGES

Miscellaneous Formatting Changes
As a result of the forms revisions, new versions will be dated 07/01/2025 and when necessary, the numbering/lettering of clauses are adjusted accordingly. “By-law” has been hyphenated whenever mentioned in the forms.

Terminology Update: Replacing “Customer” with “Unrepresented Party”
The term "customer" is replaced by "unrepresented party" to better clarify and reflect the relationship between the brokerage/designated agent and a person not in an agency relationship. This also resulted in the title of two forms changing. The Buyer/Seller Customer Acknowledgements are renamed as the Buyer Unrepresented Party Acknowledgement and the Seller Unrepresented Party Acknowledgement and Fee Agreement.

Terminology Update: Replacing “Real Estate Representative” with “Agent/Licensee/Brokerage/Designated Agent(s)/Impartial Facilitator”
The term “real estate representative” which was primary used in Form 100: WWREI has been replaced with either “agent,” “licensee,” “brokerage,” “designated agent” or “impartial facilitator” depending on the context used in the clause, to be consistent with other forms and the By-law.

Providing and Explaining Disclosures to Consumers
Licensees must ensure that they provide and explain disclosures in accordance with the By-law, and in accordance with any agreement/acknowledgement with a client or an unrepresented party. This requirement is now outlined in Form 100: WWREI and in the unrepresented party acknowledgements and service agreements under the applicable sections that outline the obligations to the consumer.

Licensee Disclosure of Availability
By-law 709 in the new Part 7 (effective July 2025) covers a licensee’s duty to be available and disclosure their availability. The pink box in Form 100 reminds consumers to have conversations with licensees about their availability and expectations before entering into a service agreement. Further, two new clauses have been added to the brokerage agreements (including service agreements) and unrepresented party acknowledgements to disclose that a licensee will be regularly available, unless otherwise disclosed. The new clauses provide space for licensees to disclose their unavailability, if applicable.

Availability expectations are subjective, and can differ depending on the licensee or the consumer, so it’s important to have these conversations. This disclosure space is intended for licensees to disclose times when they can foresee being regularly unavailable, especially for extended periods of time. Examples include vacations, unavailability because the licensee works another job throughout the week, if a licensee does not respond to calls/emails after 5pm or on weekends, etc.

Designated Agent(s) Updates
To account for both singular and plural use, “designated agent” is updated to “designated agent(s).”

Form 100: WWREI Definitions Updates
“Designated agent(s)” has been added to the definition of “client” to accurately reflect who the agency relationship is with, depending on a brokerage’s agency model.

The definition of “material latent defect” has been updated to reflect the improved definition in the By-law, and references to this definition has been added to other forms.

“Buyer” has been updated to “buyer(s)” in the definition of “facilitation services” to account for facilitation services as an option between multiple buyers.

Form 100: WWREI “Client Relationship” and “Unrepresented Party Relationship” Updates
These sections have been updated to include a more complete list of a licensee’s role and responsibilities depending on the agency relationship and revised for more consistent reader-friendly language.

Conflicts of Interest/Change in Representative Capacity Revisions
Conflicts of interest, including their disclosure and resolution, have been expanded and clarified under the new Part 7 (effective July 2025) in by-laws 733 and 734. Forms have been updated as a result to include a new “conflicts of interest” section in Form 100: WWREI and revisions to existing sections within the SBA, SDBA, BBA and BDBA. The revisions present the three options for conflict resolution in the preferred order, ensuring clarity and alignment with the client’s best interests.

No Agency Representation Sections
To coincide with the new “unrepresented party” terminology, more content has been added to the existing “no agency representation” sections to add further clarity to the risks and implications of a consumer not receiving representation via an agency relationship.

Payment of Remuneration Clauses
The Seller Unrepresented Party Acknowledgement and Fee Agreement’s clause on payment of remuneration was revised to have consistent wording with the remuneration clauses in the SBA, SDBA, BBA and BDBA, all of which had minor revisions.

Additions to the “Brokerage’s Obligations” and “Designated Agent’s Obligations”
The “brokerage’s obligations” and “designated agent’s obligations” sections in the SBA, SDBA, BBA, and BDBA are revised to include, as applicable by the agency model:

• The Brokerage must also hold any property received in trust in accordance with the provisions of the Act.
• The Brokerage/Designated Agent will act in the best interests of their client.
• The Brokerage/Designated Agent will explain all forms and documents to their client prior to execution.

Competing Offers Revisions
The “competing offers” section in the SBA/SDBA includes 3 revised checkboxes. Sellers will select one to direct the Brokerage, when in situations where competing offers are received, to either:

• Inform the competing buyers that they are competing and how many buyers they are competing with;
• Inform the competing buyers that they are competing but not how many buyers they are competing with; or
• Not inform the competing buyers that they are competing.

Two additional clauses are added to clarify that the brokerage/designated agent(s) will not disclose the contents of any offer to the competing buyers, and that should a seller change their instruction regarding disclosure of competing offers, the SBA/SDBA must be amended accordingly.

PDS – New Disclosure Application Checkboxes
New checkboxes were added to the beginning of the PDS for the seller to clearly confirm which elements of a property the disclosures apply to. The checkboxes include the main house, guest house, detached garage, barn, shed, land, and other (with a blank space to add other structures.) This addition will address the confusion as consumers may believe the disclosures on a PDS only apply to the main house or residence on a property, whereas others believe the disclosures include any other buildings on the property including the land itself. Disclosure responses can differ depending on the condition of each building or the knowledge of a seller. If a seller wants to disclose information about multiple parts of a property, they should complete separate PDSs for the different components of a property to ensure accurate disclosure. However, if the answers are the same for all components of buildings, on the property, the Seller may complete one form, identifying all components included. If additional space is required for responses, attach a schedule.

PDS – When Property Conditions Change Prior to Closing
The current version of the PDS states “this PDS must be updated should any property conditions change prior to closing.” The new wording states “if changes to the property conditions occur prior to closing, the Buyer will be notified in writing.”

The new wording better protects the public by ensuring the buyer is directly informed in writing about any changes and gives more clear and enforceable instructions on what to do if the seller has an accepted offer in place.

PDS – Rearrangement of Clauses and Renaming of Sections
The PDSs were rearranged to improve clarity and ease of use by grouping similar clauses together and/or placing them in a more logical order. In some cases, clauses were moved to entirely different sections of the form to better align with similar topics. This helps both buyers and sellers better understand the information and find relevant details more easily. A new “Warranties and Financial Obligations” section was added to the form, and several section names were revised to better reflect their content, including:

• “Sewage Disposal” to “Sewage Disposal (Municipal and Septic).”
• “Environmental” to “Environmental and Land.”
• “Zoning and Permits” to “Use Restrictions, Zoning and Permits.”

PDS – New Roof Clause
A new roof clause was added to identify the age, type and any known repairs or upgrades made. The roof is a critical part of a property's structure and can involve significant repair or replacement costs. Including specific questions about the roof in the PDS improves public protection by ensuring buyers receive key information about its age, type, and condition, helping them make more informed and financially sound decisions.

What constitutes as the roof can be subjective, as some may refer only to the shingles while others may consider the full roofing system. Sellers completing a PDS must answer to the best of their knowledge and include clear details to avoid confusion. For example, under the repairs or upgrades section, a seller might include:

• The entire roof was removed and redone during major renovations two years ago;
• All shingles were replaced five years ago; or
• The roof was repaired and re-shingled over the kitchen to resolve a leak last fall.

Providing this context helps ensure buyers have an accurate understanding of the roof’s condition. If the buyer is unsure about the condition of the roof or wants more details, their licensee needs to follow up with the seller’s licensee or an inspector.

PDS – New Water Heater Clause
A new water heater clause was added to enhance public protection by ensuring buyers are informed about the presence, age, and energy source of the water heater—an essential system that can affect utility costs and future replacement needs.

PDS – Revisions to Heat Sources, Woodstoves/Fireplace and Chimney Clauses
The heat source clause was revised to form a clearer, more structured format with dedicated spaces for each heat source and unit age, while accommodating space for seller’s to now identify up to four different heat sources. The revisions reduce confusion, encourages more complete responses, and ensures buyers receive consistent, easily readable information about all heating systems in the property.

The revised clauses related to woodstoves/fireplaces, and chimneys more clearly reflects that not all properties include these features, which reduced confusion compared to the current version. Additionally, the new clause asks sellers to now disclose whether the woodstove/fireplace is WETT certified, which buyers need to know.

PDS – Revisions to Well Clauses
The revised well clauses improve clarity by recognizing that some properties may not have a water supply, and by specifying that certain questions only apply if a well exists. They also provide more detailed questions about the well’s location, whether it is shared, and if there is deeded access or documented agreements. Follow-up questions now more clearly request supporting details or documents, helping buyers better understand water access and associated rights.

PDS – Revisions to Sewage Disposal Clauses
The revised sewage disposal clauses now include an option to identify if a property does not have any form of sewage disposal and clearly indicates that certain questions apply only to municipal sewage. They also ask for more specific information, such as the age and location of the system and/or clean-out. Additionally, the term “septic certificate” was updated to “septic disposal documentation.”

A new clause was also added for a seller to disclose if there is an approved on-site sewage system design.

PDS – New Flooding and Erosion Clauses
New clauses were added to allow sellers to disclose if the property has been affected by coastal flooding or erosion, or if any measures have been taken to address these issues. These additions reflect recommendations from the provincial government and aim to improve public protection in coastal areas.

For more resources on coastal climate change, including tools for licensees and consumers interested in purchasing a coastal property, click here. [link to: https://novascotia.ca/coastal-climate-change/

Another clause was introduced to capture broader flooding concerns, such as pooling or drainage issues on the property, even if water has not entered the home, providing buyers with a clearer picture of potential water-related risks or issues.

PDS – Initial Lines Reversed
The initial lines on the bottom of the pages of the PDSs were reversed to reflect that since the form is completed by the seller, the seller’s initial lines should be the first ones (on the left) and the buyer’s initials would be second (on the right.)

PDS – Access to Municipal Water Supply or Sewage Disposal
Two new separate clauses were added for a seller to disclose, in the case that the property does not have a current water supply or current sewage disposal, whether the property is able to access these through the municipal services.

PDS – Revisions to list of Environmental Problems or Hazards
The list of items that could be identified as environmental problems or sewage contamination has been revised to include fuel leaks, the existence of mining operations, buried garbage/debris, or decommissioned sewage disposals.

The list of items that can be identified as damage or hazards now includes sinkholes and natural disasters. The full clause was also added to Form 212 whereas it previously only existed as part of the standard PDS on Form 211.

PDS – Soil Assessments (Percolation Test) Revisions
The percolation test clause has been revised to use the term “soil assessment” and the details section has been revised to state whether the seller will provide documentation to the buyer, whereas the current version just asked when the test was performed, without actually detailing the results or if a buyer can access those details.

PDS – Additional Conditions Section Removed
The “Additional Conditions” section on the PDSs were removed to accommodate the other significant additions and improvements to the forms. If additional space is needed for a PDS, licensees can attach a schedule.

Form 222: Amendment to the Service Agreement & Form 224: Temporary Withdrawal or Termination of Service Agreement
Form 222 and Form 224 both reference Form 112: Seller Unrepresented Party Acknowledgement and Fee Agreement form. The only change to these 2 forms was to reflect the new name of Form 112.

Form 407: Multi-Unit Residential Income Property Schedule Revisions
Two “other” lines are added to the “seller’s obligations” section to allow buyers to request conditions other than the ones listed in the standard wording. To ensure clear understanding of the mechanics of satisfying buyer’s conditions, the “buyer’s obligations” section has been revised to reflect the list of items in the “seller’s obligations” section and wording more consistent with similar clauses in other forms.

Clause 3.1 has been revised for clarity. The last line has been moved to the beginning of the clause and the word “number” has also been added.