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Agency; Listing Agreements

Subagency

A subagent is a broker or salesperson who works for the listing broker, not directly for the seller. Because the listing broker is the seller's agent, the subagent inherits the same side of the deal and owes the seller the fiduciary duties of loyalty and confidentiality. The buyer stays a customer, owed honesty and disclosure, not loyalty.

Subagency is tested in the Agency section, often by asking who a subagent represents or which duty an agent does not owe to a third party. The point turns on the chain of representation, from seller to listing broker to subagent.

All Agency and Listing Agreements practice questions

Who a subagent works for

A subagent is the agent of the listing broker. The listing broker is the agent of the seller, so the subagent is one step removed in a chain that starts with the seller and runs down through the broker. Common examples are a cooperating broker who brings a buyer to another broker's listing, that broker's salespeople, and the listing broker's own salespeople when they act under the listing. In each case the subagent is working for the listing broker, on behalf of the seller.

Fiduciary duties flow down the chain

Because the subagent stands on the seller's side, the subagent owes the seller the same core fiduciary duties the listing broker owes: loyalty, confidentiality, and the rest. Working through another broker does not dilute those obligations. The subagent's job is to advance the seller's interest in the transaction, which is why a subagent cannot secretly negotiate against the seller's position.

The buyer stays a customer

The buyer in a subagency transaction is a customer, not a client. A customer is owed honesty and fair dealing, disclosure of known facts that affect the transaction, and freedom from misrepresentation. A customer is not owed loyalty, and not owed confidentiality. This split between client and customer is where many exam questions live, because it explains why a subagent can be paid by the seller while dealing fairly with the buyer.

A concrete example

Imagine a seller lists a condo with a broker. A broker from a different firm, acting as a subagent under a cooperating arrangement, finds a buyer and negotiates the sale. That cooperating broker owes the seller loyalty and confidentiality and must disclose known facts to the buyer, but does not owe the buyer loyalty. If the buyer later asks the cooperating broker for advice that conflicts with the seller's interest, the subagent cannot simply switch sides.

Where subagency has gone

Traditional subagency has faded in much of the country. Many states and multiple listing services now default to buyer agency, where the broker who works with the buyer represents the buyer, or to transaction broker or facilitator relationships, where the licensee helps both parties without representing either. Because the rules differ by state and by service, the relationship a broker actually has is what matters, not the historical label attached to it.

How the exam tests subagency

Expect questions that ask who a subagent represents, or ask which duty is not owed to a third party. Place the subagent correctly in the chain, seller to listing broker to subagent, and the representation answer follows. For the duty question, remember that loyalty and confidentiality attach to clients, not to customers, so they are the duties not owed to a third party. Read the scenario carefully when a state has moved past subagency, and answer based on the relationship the question describes.

Memory trick

SUBS

Use S-U-B-S to place a subagent correctly in the deal.

  • S

    Same side as the seller: the subagent represents the seller's interests, working through the listing broker

  • U

    Undivided loyalty: the subagent owes the seller full fiduciary duties, not neutrality between the parties

  • B

    Buyer is a customer: the buyer receives honesty and disclosure but no loyalty or confidentiality from the subagent

  • S

    Shares the commission: a cooperating subagent is usually paid out of the listing broker's commission

Screenshot this: SUBS is how you'll remember subagency on exam day.

How the exam tricks you on this

The classic trap is assuming the cooperating broker who brings the buyer is the buyer's agent. In a traditional subagency, the broker who finds the buyer still works for the seller through the listing broker, so the buyer remains a customer of that broker, not a client. A question will hand you a selling agent from another brokerage and expect you to place that agent on the seller's side of the deal.

Two more patterns to watch:

  • Customer duties are limited. A subagent owes a third-party customer honesty, fair dealing, disclosure of known facts, and no misrepresentation, but not loyalty or confidentiality. A question asking which duty is not owed to a third party is pointing at loyalty and confidentiality.
  • Practice has moved past subagency. Many states and multiple listing services have replaced traditional subagency with buyer agency or transaction broker relationships. Read the scenario's description of the working relationship instead of relying on the old label.

Try real exam questions on subagency

These come straight from our question bank: answer to see the explanation instantly.

Question 1 of 3

A subagent is the agent of

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Written by ApexAgent Team

Reviewed against 2026 exam outlines · Updated October 4, 2026