It is important to understand what legal responsibilities your real estate salesperson has to you and to other parties in the transactions. Here is a definition of the most common types of agency:

1. Seller’s representative (Also known as a listing agent or seller’s
Agent.) A seller’s agent is hired by and represents the seller.
All fiduciary duties are owed to the seller. The agency relationship
is created by a listing contract.

2. Subagent. A subagent owes the same fiduciary duties to the
agent’s principal as the agent does. Subagency usually arises
when a cooperating sales associate from another brokerage who is
not representing the buyer as a buyer’s representative or operating in a nonagency relationship, shows property to a buyer. In such a case, the subagent works with the buyer as a customer but owes fiduciary duties to the listing broker and the seller. Although a subagent cannot assist the buyer in any way that would be detrimental to the seller, a buyer-customer can expect to be treated honestly by the subagent. It is important that subagents fully explain their duties to buyers.

3. Buyer’s representative. (Also known as a buyer’s agent) A real
estate licensee who is hired by prospective buyers to represent them in a real estate transaction. The buyer’s rep works in the buyer’s best interest throughout the transaction and owes fiduciary duties to the buyer. The buyer can pay the licensee directly through a negotiated fee, or the buyer’s rep may be paid by the seller or by a commission split with the listing broker.