Agency & Representation

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.

Full Definition

A seller's agent, also called a listing agent, is a licensed real estate broker or salesperson who has entered into a listing agreement with a property owner to market and sell their property. The seller's agent owes full fiduciary duties to the seller, including the duty to obtain the highest possible price and best terms. The seller's agent must disclose to the seller all material information received, including facts about buyer motivation or financial capacity that could aid the seller in negotiations. The seller's agent must disclose their agency relationship to all buyers they interact with.

Real-World Example

A listing agent learns that the prospective buyer has already sold their house and must close within 30 days. This information must be disclosed to the seller because it signals urgency and potential negotiating leverage.

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How Seller's Agent (Listing Agent) Appears on the Real Estate Exam

Common question types, tested concepts, and what to watch out for

The seller's agent must disclose material facts to the seller. However, they still owe honesty and fair dealing to buyers. They cannot actively misrepresent the property's condition to buyers.

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