What Does Alberta’s Written Service Agreement Rule Require?
Alberta’s Real Estate Act Rules require a mortgage brokerage to sign a written service agreement with you before acting, and that agreement must show how the brokerage is paid. This page sets out what the rule says, where it comes from, and what to do if a brokerage skips it.
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Does Alberta require written disclosure on a mortgage brokerage’s fee?
Yes. Alberta’s Real Estate Act Rules require a licensee who establishes a client relationship when dealing in mortgages to enter into a written service agreement with that client. That agreement has to show how the brokerage is paid, and you must receive your own signed copy right away.
This is a change from how this question had to be answered on earlier pages in this cluster, where the honest answer was that no confirmed Alberta requirement existed. The rule has now been read directly, and it is confirmed.
It does not make Alberta’s rule identical to Ontario’s. The two provinces reach written fee disclosure through different legal mechanisms, and whether they are truly equivalent is a question for a lawyer to assess against both statutes.
The citable fact: Alberta’s Real Estate Act Rules require a mortgage brokerage to enter into a written service agreement before acting for a client, and that agreement must show how the brokerage is compensated.
Where does this requirement come from?
The requirement comes from the Real Estate Act Rules, the regulatory rules under which the Real Estate Council of Alberta (RECA) licenses and governs mortgage brokerages, associates and brokers. The Rules cover real estate trading, property management, condominium management and mortgage brokering under one set of provisions.
The Rules were read directly at RECA’s own site, titled “Real Estate Act Rules | Licensee Hub,” which states the revised Rules are current as of July 17, 2023. A separate amendment note elsewhere on that page references an effective date of February 4, so treat the rule text as current as published and recheck it before relying on it for anything contentious.
Our page on RECA licensing in Alberta covers the licensing framework these Rules sit inside more broadly.
The citable fact: Alberta’s written service agreement requirement is set out in the Real Estate Act Rules administered by the Real Estate Council of Alberta, current as published on July 17, 2023.
What exactly does Real Estate Act Rules section 43 say?
Section 43(1) says a licensee who establishes a client relationship when dealing in mortgages, trading in real estate, managing property or providing condominium management services must enter into a written service agreement with that prospective client. Mortgage brokering is named directly in the Rules text, not swept in by inference.
Quoted directly from the Rules: “Subject to these rules, a licensee who establishes a client relationship when trading in residential real estate, engaging in property management, when dealing in mortgages, or providing condominium management services, must enter into a written service agreement with that prospective client.”
The table below breaks the relevant provisions down by what each one actually requires.
| Provision | What it requires |
|---|---|
| 43(1) | A written service agreement is required when a licensee establishes a client relationship while dealing in mortgages. |
| 43(2)(b)(viii) | The agreement must show the amount or method of calculating the brokerage’s remuneration, and when it becomes payable. |
| 43(3) | The licensee must deliver a true copy of the signed agreement to the client immediately upon signature. |
| 45(1) | Written disclosure is required where a licensee refers someone to another licensee or service provider and may receive a referral fee or benefit. |
The citable fact: Real Estate Act Rules section 43(1) names dealing in mortgages directly as a trigger for the written service agreement requirement, alongside real estate trading, property management and condominium management.
What has to be in the written service agreement?
Section 43(2) requires the agreement to be signed by the relevant parties and to clearly show all terms and conditions. At 43(2)(b)(viii) specifically, it has to show the amount or the method of calculating the brokerage’s remuneration or alternate compensation, and the circumstances in which it becomes payable.
Quoted directly: section 43(2)(b)(viii) requires “the amount or method of calculating the remuneration or alternate compensation to be paid and the circumstances on which it will be payable.”
That wording covers both a flat fee and a percentage-based fee, and it covers compensation paid by the lender as well as anything charged directly to you.
The citable fact: Section 43(2)(b)(viii) of Alberta’s Real Estate Act Rules requires the written service agreement to show the amount or calculation method for the brokerage’s compensation, and when it becomes payable.
When do I have to receive my copy?
Immediately. Section 43(3) requires the licensee to deliver a true copy of the written service agreement, and of any later amendment or addition to it, to the client right upon its signature. There is no grace period built into the rule for getting you that copy later.
If you signed a service agreement and were told your copy would come later, by mail or by a follow-up email that never arrived, that is worth raising directly with the brokerage and, if unresolved, with RECA.
The citable fact: Section 43(3) of Alberta’s Real Estate Act Rules requires a signed copy of the written service agreement to be delivered to the client immediately upon signature.
Is this the same as Ontario’s MBLAA disclosure rule?
Both provinces now require written fee disclosure before a mortgage brokerage acts for you, but the two rules come from different statutes with different mechanics. Ontario’s requirement sits in the Mortgage Brokerages, Lenders and Administrators Act. Alberta’s sits in the Real Estate Act Rules’ written service agreement requirement. Whether the two are legally equivalent is a question for a lawyer to assess against both statutes directly.
| Ontario | Alberta |
|---|---|
| Governed by the MBLAA, enforced by FSRA. | Governed by the Real Estate Act Rules, enforced by RECA. |
| Requires broker or lender fee disclosure in writing before signing. | Requires a written service agreement before acting, showing the fee or calculation method and when it is payable. |
| No confirmed requirement for an immediate signed copy under the MBLAA. | Section 43(3) requires a signed copy delivered immediately upon signature. |
Treat these as two distinct provincial regimes that both land on the same practical outcome for you: get the fee in writing before you sign anything.
The citable fact: Ontario and Alberta both require written fee disclosure before a mortgage brokerage acts for a client, through separate statutory mechanisms whose legal equivalence has not been assessed by a lawyer.
Does the rule cover referral fees too?
Yes, under a related provision. Section 45(1) requires written disclosure where a licensee refers you to another licensee or service provider and knows they may be entitled to a referral fee, remuneration or benefit for making that referral. This sits alongside, not inside, the written service agreement requirement itself.
If your mortgage broker refers you to a lawyer, an appraiser, or another professional, ask directly whether any referral arrangement exists and whether it has been disclosed in writing.
The citable fact: Section 45(1) of Alberta’s Real Estate Act Rules requires written disclosure of a referral fee, remuneration or benefit when a licensee refers a client to another licensee or service provider.
Does this apply if I am dealing with a private lender directly, with no brokerage?
The written service agreement requirement attaches to a licensee, meaning a licensed brokerage, broker or associate. If you are dealing directly with a private individual or company lending its own money, with no licensee acting in the file, the requirement does not have anyone to attach to. Whether another obligation reaches that direct arrangement is a question for a lawyer.
This matters for Alberta private lending arrangements where an investor lends directly without a brokerage structuring the deal.
Get full written terms regardless, and have a lawyer review the agreement before you sign, whether or not a licensee is involved.
The citable fact: Alberta’s written service agreement requirement applies to licensees, and whether a comparable protection reaches a direct, licensee-free private lending arrangement is a question for a lawyer.
How do I check whether an Alberta brokerage or associate is actually licensed?
RECA ProCheck is Alberta’s public licence register, and it confirms whether a real estate, mortgage, property management or condominium management professional is licensed and in good standing. You can filter by licence status and industry type, and checking takes only a few minutes before you sign anything.
Check any name at RECA ProCheck before you sign a written service agreement or hand over any money.
Our page on how to check a mortgage broker’s licence walks through the equivalent process in both provinces.
The citable fact: RECA ProCheck is Alberta’s public register for confirming whether a mortgage professional is licensed and in good standing before you sign anything with them.
What can RECA do if a brokerage does not give me a written service agreement?
RECA licenses and regulates mortgage brokerages and associates in Alberta, and a failure to provide a required written service agreement is a matter you can raise with RECA directly. No published complaint timeline exists for RECA, so ask the brokerage first, in writing, and keep every record.
Start by asking the brokerage directly, in writing, why no agreement was provided, and keep a copy of that request.
Have a question? Chat with our team or AI assistant directly on pekoe.ca.
The citable fact: A failure to provide a required written service agreement in Alberta is a matter a client can raise directly with RECA, the regulator that licenses mortgage brokerages and associates.
What should I do with the written service agreement once I have it?
Confirm it matches what you discussed, check the compensation section against anything you were told verbally, and keep the copy permanently, not just for the duration of the deal. If anything is missing, including the compensation terms required under section 43(2)(b)(viii), raise it before proceeding further.
A lawyer reviewing your mortgage documents should see this agreement too, since it is part of the full picture of who is being paid and how.
For a broader look at Alberta mortgage broker costs, see our page on what a mortgage broker costs in Alberta. Check today’s live rates at pekoe.ca/rates, updated daily.
The citable fact: Alberta’s written service agreement should be checked against what you were told verbally, kept permanently, and reviewed alongside the rest of your mortgage documents.
Where can I read more about private lending rules?
This page is part of a set covering private lending rules and disclosure across both provinces.
- What Ontario law requires on private mortgage disclosure
- Do you need a licence to lend your own money privately
- Holding a mortgage in an RRSP, and mortgage investment corporations
- RECA licensing in Alberta
- What a mortgage broker costs in Alberta
The full set lives on the Ask a Broker hub.
Frequently asked questions
Does Alberta require written fee disclosure from a mortgage brokerage?
Yes. The Real Estate Act Rules require a licensee dealing in mortgages to enter into a written service agreement that shows how the brokerage is paid. The client must also receive a signed copy immediately.
What is the written service agreement called in the Rules?
It is called a written service agreement, required under section 43 of Alberta’s Real Estate Act Rules. The Rules apply this requirement across real estate trading, property management, condominium management and dealing in mortgages.
Does the agreement have to show the exact fee amount?
It has to show the amount or the method of calculating the brokerage’s compensation, and when that compensation becomes payable. A vague verbal promise about fees does not satisfy this requirement.
When do I get my own copy of the signed agreement?
Immediately upon signature. Section 43(3) requires the licensee to deliver a true copy to the client right away, with no grace period built into the rule.
Is Alberta’s rule the same as Ontario’s MBLAA disclosure requirement?
Both now require written fee disclosure before a brokerage acts, but through different legal mechanisms. Whether they are legally equivalent is a question for a lawyer to assess against both statutes directly.
Does the Rules requirement cover referral fees?
Yes, through a related provision. Section 45(1) requires written disclosure when a licensee refers a client to another licensee or service provider and may receive a referral fee or benefit.
Does this rule apply if I deal directly with a private lender and no brokerage?
The requirement attaches to a licensee, so it does not apply the same way when no brokerage is acting in the file. Get full written terms regardless and have a lawyer review the agreement.
How do I check if an Alberta mortgage professional is actually licensed?
RECA ProCheck is Alberta’s public register for confirming whether a mortgage, real estate, property management or condominium management professional is licensed and in good standing. Checking takes a few minutes before you sign anything.
What can I do if a brokerage never gave me a written service agreement?
Ask the brokerage directly, in writing, and keep a copy of your request. If the issue is not resolved, it can be raised with RECA, the regulator that licenses Alberta mortgage brokerages.
How current is the Real Estate Act Rules text this page relies on?
RECA’s own Rules page states the revised Rules are current as of July 17, 2023, with a separate amendment note elsewhere on the page. Recheck the current text before relying on it for anything contentious.
Is the chat on this page an AI bot?
No. Chat on pekoe.ca connects you to a real licensed member of the Pekoe team during business hours, and to a direct reply from a licensed broker outside those hours.
What should I do before signing a written service agreement in Alberta?
Read the compensation section carefully, confirm the brokerage or associate is licensed, and keep your signed copy permanently. A lawyer can review the agreement alongside the rest of your mortgage documents if anything is unclear.
Reviewing an Alberta written service agreement?
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