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HomeAgents and BrokeragesRECO Bulletins and ResourcesRECO Guidance – Use of Artificial Intelligence

Artificial intelligence (“AI”) tools are increasingly being used by brokerages and agents to support a wide range of business activities, including drafting communications, preparing documents, conducting research, and creating their advertising and marketing materials.

The purpose of this guidance is to support registrants in understanding the potential risks and considerations associated with the use of artificial intelligence (AI) in the delivery of regulated services. The use of AI does not diminish or replace a registrant’s legal, regulatory, professional, or ethical obligations. Registrants remain fully accountable for all decisions, actions, and information provided in the course of their practice and must continue to comply with all other applicable legislation. This guidance highlights key areas of risk and consideration that should be carefully assessed before implementing or relying on AI-enabled tools.

Regulatory Obligations

The use of AI does not transfer professional responsibility to a technology provider, nor does it change your obligations under the Trust in Real Estate Services Act, 2002 (TRESA) and its regulations.

Brokerages and agents remain accountable for all data, representations, and communications generated or assisted by AI tools.

When using AI, pay strict attention to:

  • Conscientious & Competent Service: AI outputs may look polished but can contain content errors, outdated market information, or false data. You must exercise professional judgment and independently verify all content before relying on or sharing it.
  • Confidentiality & Data Privacy: Do not enter personal, financial, or confidential client/transaction data into public AI platforms. Most tools store and reuse input data, which can lead to severe privacy breaches.
  • Clear & Truthful Advertising: AI-generated social media posts, descriptions, and enhanced visuals must comply with all TRESA advertising obligations including the mandatory placement of brokerage identification.

AI should be used by real estate registrants for support only and never a replacement for professional judgment. Before relying on or sharing AI-generated content, you must carefully review and verify that it is accurate, complete, and compliant with TRESA, its regulations, and all applicable RECO guidance. You remain responsible for ensuring that any information provided to clients or the public is truthful, accurate, and not misleading.

Choosing AI Platforms or Tools

Protecting your clients means vetting the AI tools you use. Before using any AI platform, it is recommended that you check these five essential factors:

  • Data privacy: Find out where data is stored, if it trains the AI, and how to opt out.
  • Security measures: Confirm the tool uses encryption, limits data access, and has a breach notification policy.
  • Real estate fit: Use tools built specifically for real estate, as general AI carries higher risks.
  • Vendor accountability: Ensure the company is transparent about its sources and stands behind its accuracy.
  • Brokerage approval: Check that the tool aligns with company policy and has Broker of Record approval.

Review these criteria regularly, as terms change. This also applies to new AI features added to your existing board or CRM systems. Ask your vendors directly if AI has been integrated.

Brokerages should establish clear internal policies, training, and an approved tool list to ensure agents use AI safely.

AI in Practice

While the list below is not exhaustive, to ensure compliance with TRESA and its related regulations, brokerages and agents must do the following:

  • Verify property listing details: Cross-check all AI-generated descriptions against verifiable property documents and physical facts before publishing.
  • Maintain visual transparency: Ensure virtual staging or AI modifications accurately reflect permanent features and clearly label any digitally altered images.
  • Protect client data: Obtain explicit, written consent from clients before entering any personal details or contract terms into AI platforms.
  • Uphold professional boundaries: Rely strictly on your personal expertise for guidance instead of delegating advice to AI.
  • Respect intellectual property: Create original marketing content or secure explicit permission before adapting material from other brokerages

Legislation and Related Resources

Trust in Real Estate Services Act, 2002
Sections 26 Duty Of Brokerage, 34 Falsifying Information, 35 Furnishing False Information, And 37 False Advertising.

Code of Ethics regulation (O. Reg. 365/22)
Sections 5 Misrepresentation, etc., 8 Best interests, and 12 Confidentiality