Sub-agent (Sub-agency) is a
real estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more genera ...
term in the United States and Canada describing the relationship which a
real estate broker
A real estate agent or real estate broker is a person who represents sellers or buyers of real estate or real property. While a broker may work independently, an agent usually works under a licensed broker to represent clients. Brokers and age ...
and his/her agents have with a buyer of a business, home, or property.
About sub-agents
Lasting until the early 1990s, the broker provided a conventional full-service, commission-based brokerage relationship under a signed listing agreement only with a seller, thus creating an agency relationship with fiduciary obligations under
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
in most of the US and Canada. The seller was then a client of the broker.
However, no such agency relationship existed with the buyer, and the broker's agents helped the buyer (who was typically known as his or her "customer"). In this situation, during the entire period in which the buyer looked at properties, entered into a
real estate contract
A real estate contract is a contract between parties for the purchase and sale, exchange, or other conveyance of real estate. The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Real estate ca ...
, and finally
closed on one, that broker/agent functioned solely as the sub-agent of the seller’s broker.{{Citation needed, date=October 2017
Some clear disadvantages exist for the buyer under sub-agency. There is no obligation to obtain the best price or terms for the buyer, since the broker, as sub-agent, was obligated to obtain the best terms for the seller, generally someone who he/she had never met and with whom no direct business relationship existed. Many states, notably
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and ...
and
Colorado
Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, have abolished sub-agency in favor of written
Buyer Brokerage Agreements or the creation of
Transaction Brokerage.
It was only with the advent of
Buyer brokerage in the 1990s - the legal representation of a buyer by a broker - that a buyer became a client of the broker and entered into the same fiduciary relationship enjoyed by the seller.
In the Philippines, a Sub-Agent is someone who is under the supervision and operational control of a Real Estate Broker. 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 interest of the Broker. The formal position of a Sub-Agent in the hierarchy of real estate practitioners in the Philippines is equivalent to the rank of Salesperson. A Salesperson is described in Section 3 and Section 31 of the Real Estate Service Act of the Philippines (Republic Act 9646).
Republic Act 9646
/ref>
See also
* List of real estate topics
References
Further reading
Legal
Subagency in Real Estate
Immobilienmakler
(in German)
Achat ou vente d'un logement
(in French)
Real estate industry