Agency
What does 'sub-agency' mean in Idaho real estate and why has it largely been replaced?
AA type of disclosed limited agency
BWhen a cooperating broker works as the seller's agent (not the buyer's agent), creating potential confusion because the buyer thinks the agent represents them✓ Correct
CWhen a licensee works under a broker
DA referral arrangement between brokers
Explanation
Historically, all cooperating agents in a transaction were sub-agents of the listing broker and represented only the seller. Sub-agency has largely been replaced by buyer representation (buyer's agency) in modern Idaho practice because sub-agency created confusion — buyers thought agents represented their interests when they actually represented sellers.
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Key Terms to Know
Agency
A legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
Buyer's AgentA real estate licensee who represents the buyer's interests in a transaction, owing fiduciary duties to the buyer.
Seller's Agent (Listing Agent)A real estate licensee who represents the seller's interests, markets the property, and owes fiduciary duties to the seller.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
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