Privacy and the Real Estate Transaction

Heather Skuce, Ottawa Real Estate Board President, the now EMC, Homes & Real Estate This Week, March 13, 2008

These days, the security of personal information is big news.  Nearly every week there’s another story in the media about protecting our identification and making sure not to give out too much personal data.

So when you enter into a relationship with a REALTOR®, and he or she requests personal information from you – name, address, banking information, e-mail addresses and phone number, and so fourth – you should know that your information  is being handled with the utmost care. 

It’s taken so seriously, in fact, that the Canadian Real Estate Association (CREA)  has its own privacy code, in addition to adhering to the federal Personal Information Protection and Electronic Documents Act (PIPEDA). 

CREA’s Privacy Code states that a REALTOR® will:

The personal information that your REALTOR® collects from you is used to facilitate the real estate transaction, particularly in marketing your house when you are selling.  In order to effectively advertise your house in various media, including newspapers and websites, and in providing other salespersons and their prospective buyers with information about your hoe, some disclosure of personal information is necessary.  This does not generally include your e-mail address or phone number, though your name and the name of any co-owners of your home will appear on your MLS® listing, viewable by other REALTORS® and anyone authorized to use the MLS® system, such as appraisers, but not the general public.

Once your home is sold, the sellers’ names are removed from the listing though the listing itself will remain in the data-base as historical data, which is essential to the operation of the MLS® system.  The purchase price will be recorded on the listing file.  The real estate firm that you worked with will keep your name and other information in their company’s files.  By agreeing to list your home on the MLS® system, you are agreeing to allow the ongoing use of listing and sales information about your home.  If you purchase a home listed on the MLS® system, your name will not appear on the listing; only the name of the REALTOR® you worked with and their firm’s identification code appears.

Generally speaking, most of the personal information that your REALTOR® collects about you will be obtained directly from you; however they may also obtain information from other sources such as credit bureaus and government agencies as necessary.  You will always be informed that information is being collected and what purpose it will be used for; your REALTOR® must obtain your consent to do so.

In any event , you can rest assured that your REALTOR® will never ask you for information that is not essential to the marketing, sale or purchase of your home, and that he or she will not share that information with anyone who doesn’t have a direct interest in helping to accomplish those goals.