Effective Date: June 1, 2026 · Last Updated: June 1, 2026
These Terms of Use and Disclosure Statement (“Terms”) govern your access to and use of the NotOnMarket.ca platform, available at NotOnMarket.ca and any associated applications, services, and features (collectively, the “Platform”). The Platform is operated by NotOnMarket.ca (“NotOnMarket.ca,” “we,” “us,” or “our”).
By creating an account, checking the acceptance box during sign-up, or otherwise accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not access or use the Platform.
PLEASE READ SECTIONS 8 (DISCLOSURE STATEMENT), 9 (NO PROFESSIONAL ADVICE), 12 (DISCLAIMERS), 13 (LIMITATION OF LIABILITY), AND 14 (INDEMNIFICATION) CAREFULLY. THEY LIMIT OUR LIABILITY, DEFINE THE NATURE OF THE PLATFORM AND OUR RELATIONSHIP WITH YOU, AND ALLOCATE RESPONSIBILITY BETWEEN YOU AND US.
This summary is provided for clarity and convenience. It does not replace the full Terms below, which govern.
1.1 What NotOnMarket.ca Is.NotOnMarket.ca is a private, invitation-controlled online platform that allows approved users across Canada to post, search for, and communicate about off-market real estate opportunities — that is, properties that are not listed on any Multiple Listing Service (“MLS”) or REALTOR.ca. The Platform organizes these opportunities into categories including Multifamily, Commercial, Land, Development Sites, Assignments, Lease Opportunities, For Sale by Owner, and Buyer Searches.
1.2 What NotOnMarket.ca Is Not. NotOnMarket.ca is a neutral technology platform. We are not a real estate brokerage, brokerage firm, real estate board, association, or MLS. We are not a party to any transaction, listing agreement, representation agreement, or communication between users. We do not list, market, sell, buy, appraise, or broker any property. We do not represent any buyer, seller, or other party, and no agency, fiduciary, employment, partnership, or joint-venture relationship is created between you and us by your use of the Platform.
1.3 No Affiliation.NotOnMarket.ca is independent. We are not affiliated with, sponsored by, endorsed by, or certified by the Canadian Real Estate Association (“CREA”), REALTOR.ca, any provincial or local real estate board or association, any MLS system, or any government or regulatory body.
2.1 You must be at least 18 years of age and able to form a legally binding contract to use the Platform.
2.2 Access to the Platform is gated. The primary access method is through invitation by an existing member. A limited number of non-invited applicants may be approved each month through the access request process. Every new account must be reviewed and approved by us before private marketplace content can be accessed. We may approve, decline, suspend, or revoke access at our sole discretion, with or without reason.
2.3 You agree to provide true, accurate, current, and complete information during sign-up and to keep it up to date.
2.4 Agent Accounts. If you indicate that you are a licensed real estate professional, you must provide your board and brokerage information, and you represent and warrant that you hold a valid, current real estate licence or registration in the relevant Canadian jurisdiction. We do not independently verify any user's licensed status.
3.1 You are responsible for all activity that occurs under your account and for keeping your login credentials confidential.
3.2 Sharing your account, login credentials, or access with any other person is prohibited.
3.3 Notify us immediately of any unauthorized use of your account or any other breach of security.
4.1 “User Content” means any listing, property information, photograph, description, search criteria, buyer search, message, or other material you submit to the Platform.
4.2 Your Responsibility. You are solely responsible for your User Content and for ensuring it is accurate, lawful, and not misleading.
4.3 Listing Warranties. By posting any listing or property information, you represent and warrant that: (a) you own the property or are duly authorized by the owner to market it; (b) you have all necessary rights and authority to post the information; (c) the information is accurate and not deceptive; (d) the posting does not breach any agreement or law applicable to you; (e) you own or have licensed all rights to any media you upload; and (f) the property is NOT currently listed on any MLS or REALTOR.ca.
4.4 Licence to Us. You retain ownership of your User Content. You grant NotOnMarket.ca a non-exclusive, royalty-free licence to host, store, reproduce, display, and distribute your User Content solely as necessary to operate and provide the Platform.
4.5 Review and Removal. All listings are subject to administrative review before publication. We may remove, restrict, or refuse any User Content at any time, with or without notice.
You agree not to: (a) post false, fraudulent, or unauthorized listings; (b) post any property you do not have the right to market; (c) post any property listed on any MLS or REALTOR.ca; (d) use the Platform to harass, spam, or harm any person; (e) scrape, harvest, or extract data from the Platform; (f) circumvent any security feature; (g) use the Platform for any unlawful purpose; or (h) resell or commercially exploit the Platform.
6.1 Contact requests and inquiries are managed through the Platform. The listing owner controls who receives their contact information.
6.2 Anti-Spam. You are responsible for ensuring that any communications comply with Canada's Anti-Spam Legislation (CASL) and all other applicable laws.
7.1 Access to the Platform may require a paid subscription in the future. The current access structure and any applicable fees will be communicated at the point of registration or through your account settings.
7.2 Unless required by law, fees are non-refundable. We may change fees on reasonable notice.
THIS SECTION IS A KEY PART OF THESE TERMS. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
8.1 Off-Market and User-Submitted. All listings and information on the Platform are off-market and are submitted by users. NotOnMarket.ca does not verify, inspect, appraise, or independently confirm any property, address, price, photograph, ownership, availability, condition, zoning, permit status, or any other detail. We make no representation that any listing is genuine, available, accurately described, or lawful to market.
8.2 No Brokerage Relationship. NotOnMarket.ca does not act as a brokerage or representative. Using the Platform does not create any agency or fiduciary relationship with us.
8.3 Your Own Due Diligence. You are solely responsible for conducting your own due diligence on any property, person, or opportunity, and for retaining your own qualified professionals before entering into any transaction. Any decision you make in connection with the Platform is made at your own risk.
8.4 Regulatory Compliance Is Yours. If you are a licensed real estate professional, YOU — not NotOnMarket.ca — are solely responsible for ensuring that your use of the Platform complies with all applicable rules, regulations, and policies of your regulator, board, association, and brokerage.
8.5 No Outcome Guaranteed. We do not guarantee that any listing will sell, that any search will produce matches, or that any transaction will close.
8.6 Listing and Discovery Only. The Platform is a venue for listing and discovery only. Its sole function is to let approved members publish and find off-market opportunities. No brokerage, advisory, transactional, escrow, or settlement service of any kind is provided.
8.7 Users Negotiate Directly. All negotiations, offers, counter-offers, agreements, deposits, and closings occur directly between users and their own professionals. NotOnMarket.ca does not participate in, facilitate, supervise, or advise on any negotiation or transaction, and is not a party to any resulting agreement.
8.8 What Membership Provides. Membership — whether free or paid — provides access to the private network and its off-market inventory, and nothing more. Fees, where charged, are for platform access only and are never a commission, referral fee, finder's fee, or compensation contingent on any transaction. We neither earn nor share any commission on any deal between users.
Nothing on the Platform constitutes legal, financial, tax, investment, appraisal, or real estate advice. Content is provided for general informational purposes only.
The Platform relies on third-party services and may contain links to third-party sites. We are not responsible for third-party services or content.
The Platform, including its software, design, and all related intellectual property (excluding User Content), is owned by or licensed to NotOnMarket.ca. You may not copy, modify, distribute, or reverse-engineer the Platform.
THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NOTONMARKET.CA AND ITS OWNERS, OPERATORS, DIRECTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
You agree to indemnify and hold harmless NotOnMarket.ca from any claims arising out of your User Content, your use of the Platform, your violation of these Terms, or any transaction with another user.
We reserve the right to suspend, restrict, or terminate your access at any time, with or without notice, including for failure to follow these Terms.
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction of the courts located in Alberta.
17.1 If any provision is unenforceable, the remaining provisions remain in effect.
17.2 These Terms and the Privacy Policy constitute the entire agreement.
17.3 Our failure to enforce any provision is not a waiver.
We may update these Terms from time to time. We will revise the “Last Updated” date and may require renewed acceptance.
Questions about these Terms may be directed to:
NotOnMarket.ca
Email: legal@notonmarket.ca