Residential Real Estate Legal Services Fees Schedule

In January 2006, the Working Group on Lawyers and Real Estate from Ontario sought a written opinion on whether a plan to develop and institute a suggested fee schedule for real estate transaction legal fees would raise concerns under the Competition Act.

The Bureau examined the proposed fee schedule under the conspiracy (section 45) and price maintenance (section 61) provisions of the Act and determined that it would not have sufficient grounds to launch an inquiry because:

• the fee schedule explicitly stated that participation was voluntary and that no person would be sanctioned, policed, punished or in any way disadvantaged for not following it;
• and adherence to or departure from the fee schedule was at the option of the parties involved and subject to no adverse consequences.