agency

seller agency

Seller agency is a relationship in which a licensee represents the seller in selling a property and owes the seller fiduciary duties, such as loyalty, confidentiality, and obeying lawful instructions. It is usually created by a written listing agreement. The seller's agent must still treat buyers honestly and disclose known material defects, but works to obtain the best price and terms for the seller.

Exam tip
Seller agency creates fiduciary duties to the seller; the buyer is a customer unless separately represented. Do not confuse it with subagency, which extends seller representation to cooperating brokers.
Example
A listing agent negotiates a buyer's offer from $400,000 up to $415,000 for her seller client while answering the buyer's questions truthfully.

Related terms & state variants

Sources

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Last verified: 2026-10-23