Sub Agent Sales Agreement
QUESTION: What is a “sub-agent” in terms of brokers who issue commissions? Is a sub-agent a licensed agent? If not, is it better NOT to agree to pay a sub-agent and leave the payment only to a licensed agent? In the sub-agency, the agent who brings the buyer actually works for the seller as a sub-agent of the listing broker. This is important because the agent who works with the buyer actually has fiduciary duties to the seller, not to the buyer. Some obvious disadvantages exist for the buyer under sub-agency. There is no obligation to get the best price or conditions for the buyer, since the broker as a sub-agent was obliged to get the best conditions for the seller, usually someone he had never met and with whom there was no direct business relationship. Many states, including Florida and Colorado, have abolished the sub-agency in favor of written buyers` brokerage contracts or the creation of transactional brokerage contracts. When lawyers are buyers in the market, they NEVER want you to act as an agent. You see, the agent and the client are considered one in some ways. It`s a superior relationship, and the client may actually get into legal trouble with the wrong agent. In the beginning, everyone was an “agent” for the seller.
The external corporate agent who found a buyer for the listing simply worked as a sub-agent for the listing broker and seller. Thus, all the real estate professionals involved in the transaction worked for the seller. You might suspect that other options have evolved to provide a level playing field for the buyer. Study the law in your state regarding real estate representation. Next, study the options that your broker offers to his clients. Not all brokers have to offer all types of representation. The remedies available to the client in the event of a breach of fiduciary duties can be painful for both the agent and the broker. The sub-agency simply doesn`t do much anymore. The listing broker does not act as the seller`s agent and the buyer is not represented by anyone who has obligations to the seller.
Here are some of the variants of representation. The broker, which lasted until the early 1990s, offered a full-service, commission-based conventional brokerage relationship under a signed registration agreement with a single seller, creating an agency relationship with common law fiduciary duties in most parts of the United States and Canada. The seller was then a client of the broker.  In the Philippines, a sub-agent is a person who is under the supervision and operational control of a real estate agent. The sub-agent is not an agent of the buyer or seller. It is the broker who is the agent of the buyer or seller. The sub-agent is an agent of the broker, works for the broker and represents the interests of the broker. The formal position of a sub-agent in the hierarchy of real estate practitioners in the Philippines corresponds to the rank of a seller. A seller is described in sections 3 and 31 of the Real Estate Services Act of the Philippines (Republic Act 9646).  “Real Estate Agent” is an umbrella term that refers to our profession, but does not always define our position and obligations in a transaction. “Agency”, the highest level of representation, requires certain fiduciary duties, including client confidentiality and full disclosure.
The confidentiality requirement remains in place even after the transaction is completed. You work in the best interest of the customer, i.e. the most money for your seller`s offer or the lowest price for your buyer. The sub-agency has existed since the beginning of the organized practice of real estate. It describes an agent who brings a buyer to another company`s list, and the buyer`s representative works on behalf of the listing agent and the seller and owes them fiduciary duties. It is now dead almost everywhere because it was not good for buyers and made brokers and sellers liable on behalf of the actions or mistakes of the buyer`s representative. Since agency relationships are rare these days, most brokers and agents act as transaction brokers or transactional intermediaries. You are not acting as an agent and fiduciary duties are not required. In reality, you will offer the same loyalty, reasonable care, disclosure and accounting anyway.
You simply won`t be bound to as high standards as when you`re an agent. However, there was no such agency relationship with the buyer, and the broker`s agents assisted the buyer (who was generally known as his “client”). In this situation, that broker/agent acted exclusively as a sub-agent of the seller`s broker throughout the period during which the buyer examined real estate, entered into a real estate contract and ultimately entered into one. [Citation needed] Sub-agent (sub-agency) is a real estate term in the United States and Canada that describes the relationship that a real estate agent and his agents have with a buyer of a business, house or property.   Answer: The sub-agency refers to the relationship between the broker/listing agent and another broker/agent that causes the buyer to purchase the property. In the sub-agency, the agent who brings the buyer actually works for the seller as a sub-agent of the listing broker. This is important because the agent who works with the buyer actually has fiduciary duties to the seller, not to the buyer. The sub-agency occurs when the agent does not have a buyer-broker agreement with the buyer. The responsibility of the executing agent is that the client is held responsible for the actions of the contractor.
Assuming nothing is fraudulent, but if the agent makes a major mistake, the customer will also be held liable. You can see why every lawyer doesn`t want to be responsible for any mistakes a real estate agent might make. Sub-agency refers to a specific customer representation relationship between a real estate agent or real estate agent and another real estate agent or real estate agent that involves a buyer to purchase the property. The designated agency allows a broker to offer an alternative to a dual agency when the buyer and seller are represented internally and both have agency contracts. The broker designates one agent as the seller`s “agent” and another agent as the buyer`s representative. Both retain the status of “agency” with the necessary fiduciary duties. It requires certain procedures to keep respective customer information separately in-house, with limited access to the appropriate agent. This practice is almost dead in most states as the buyer`s agency becomes more common and because buyers need a lawyer to represent their interests in the transaction. Since listing brokers and their seller-clients are held responsible for the actions, errors and omissions of the sub-agent, this is not the desired situation in most current real estate markets. Buyer Agency, the practice of providing agency representation at the highest level and fiduciary duties for buyers, has become very popular in most areas. Now you can have a written agency contract with a buyer who promises him all the fiduciary duties of the agency and your best efforts on his behalf.
In most states, unless you have explicitly consented to an agency relationship with your client, you are not their “agent” in terms of fiduciary requirements. You would still be required to treat all parties fairly and honestly, but you do not necessarily owe confidentiality or full disclosure to your client. This status has expanded further with the expansion of the Buyer Agency, which represents buyers as agents. This important status is explained below in Dual Agency. All this is wonderful until you sign a purchasing agency contract and, in the end, you write a purchase contract for that buyer by yourself or the list of your company in which you have also signed an agency representation contract. Now, suddenly, your company is an “agent” for both customers in the transaction. Obviously, this is a problem because you can no longer meet the requirements to keep all your information private and disclose everything you know at the same time. An example would be a situation of divorce of the seller(s). If you`re their agent, you won`t disclose this, but if you were the buyer`s agent and didn`t have a relationship with the seller, you`d be sharing this information with your buyers to potentially help them get a better deal. If you`re a double agent, you can`t do both. So you need to let both parties know that your new status has changed your ability to serve them. Almost all states require some form of disclosure to the client or potential client, as you, as an agent, will represent them in your real estate transaction.
Make sure you understand your state`s rules and the different ways you can be the client`s representative. Your duties and obligations to the client vary considerably depending on the type of representation you have contractually agreed. So, while a sub-agent is licensed, the question of whether to pay a sub-agent is a good question. .