What the decision says
Kerkhoff failed to take reasonable steps to determine whether the Non-Resident Speculation Tax applied to his clients, and did not refer them to anyone who could advise on it. That left them unaware of a material fact.
He also failed to make reasonable efforts to ensure the clients understood the total amount they would have to pay to complete the purchase. The decision is careful on this point: the purchase price he gave was accurate, but leaving out the tax misrepresented the total payable.
The findings cover the duty to identify and disclose material facts under the General Regulation, and the duties of accuracy, best interests and competent service under the Code.
- Registrant
- Marius Kerkhoff
- Regulator
- Real Estate Council of Ontario (RECO)
- Decision released
- 16 January 2026
- Legislation
- TRESA 2002
- Findings
- Code of Ethics ss. 5, 8, 9 and 11, and General Regulation s. 22.1
- Fine
- $12,000
- Also ordered
- Fine payable by 15 May 2026, and completion of RECO's Introduction to TRESA course.
- Type of finding
- Regulatory Professional conduct. Not a criminal or civil finding.
The penalty
The order was a fine of $12,000. Fine payable by 15 May 2026, and completion of RECO's Introduction to TRESA course.
Why this record matters
Ontario's Non-Resident Speculation Tax can add a quarter of the purchase price for a non-resident buyer. An agent does not have to be a tax adviser, but they must find out whether it applies and send the client to someone who can answer. “The price I quoted was correct” was not a defence here.
Related reading: our guide on this, or the full index of records.
This is a professional-conduct decision by a regulator, not a criminal or civil finding, and it concerns the specific events described in the document. It says nothing about conduct before or after them. Parties the regulator anonymised stay anonymous here. If you are Marius Kerkhoff, or represent them, we will publish your response in full and unedited: see corrections and right of reply.
Source. Discipline decision of the Real Estate Council of Ontario, released 16 January 2026. Retrieved from the Internet Archive's capture of RECO's published decisions list on 6 September 2026 and republished here unaltered. RECO's own copy is at registrantsearch.reco.on.ca.