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National Agency relationship guide

Agency and non-agency relationships

Agency questions become manageable when you stop following the property and start mapping the people. Name the principal, the agent, the represented client, the unrepresented customer, and the source of authority. Then apply the relationship allowed by the jurisdiction in the question.

Last updated: August 1, 2026

What does this exam area cover?

Short answer: Agency is a consensual relationship in which an agent acts on a principal's behalf within granted authority. Seller, landlord, buyer, and tenant agency identify the represented side. Designated agency identifies the particular licensee assigned to a client. Dual agency places one agent with opposing clients and requires the consent and safeguards imposed by state law. A customer or consumer in a permitted non-agency relationship receives no client advocacy, though legal duties still apply. Illinois prohibits transaction brokers and facilitators, uses designated agency as its statutory starting model, and does not let compensation decide agency.

Official section
National VI.A.1, VI.A.4, and VI.A.5
Broker weight
Part of 13% of the national portion
Expected scored items
The current PSI broker outline assigns about 13 of 100 scored national items to Agency

This guide follows the national PSI outline effective June 24, 2026 and adds the Illinois rule set candidates need on the state portion. National relationship labels can vary by jurisdiction. The Illinois comparisons reflect Article 15 and Part 1450 through August 1, 2026. This is exam preparation, not a substitute for a managing broker's direction or legal advice in a transaction.

What is on the official outline?

Topic
The agency relationship
What to know
Principal, agent, client, consent, control, authorized action, fiduciary relationship, third party, transaction, brokerage service, purpose, scope, and legal duties
Best exam move
Identify who granted authority and who accepted it before deciding whose interests the licensee must promote.
Topic
How agency is established
What to know
Express agreement, written agreement, oral agreement where permitted, implied conduct, ratification, estoppel, actual authority, apparent authority, informed consent, statutory formality, and documentation
Best exam move
Use the jurisdiction's required creation method, then separate genuine authority from a third party's reasonable belief about authority.
Topic
Seller and landlord agency
What to know
Owner principal, listing brokerage, designated agent, marketing, showing, buyer qualification, offer presentation, negotiation, confidential price, lawful instruction, accounting, and property management
Best exam move
Treat the owner as client only when the relationship says so; listing activity does not make every cooperating licensee the seller's agent.
Topic
Buyer and tenant agency
What to know
Buyer client, tenant client, property search, showing, market analysis, offer preparation, lease negotiation, financing, inspection, confidential maximum, written representation agreement, and loyalty
Best exam move
Do not assume the person receiving property help is represented until the relationship has been established as the law requires.
Topic
Designated agency
What to know
Sponsoring broker, affiliated licensee, named agent, one or more designated agents, exclusion of other firm licensees, same-firm transaction, seller side, buyer side, confidentiality, supervision, and no automatic firmwide dual agency
Best exam move
Ask whether the same individual represents both parties or whether different licensees in the firm are separately designated.
Topic
Dual agency
What to know
One agent, opposing clients, informed consent, written consent, conflict, limited advocacy, neutral information, confidential negotiating position, transaction confirmation, withdrawal, and state prohibition or permission
Best exam move
Apply dual agency only when the jurisdiction allows it and every required consent and confirmation step appears in the facts.
Topic
Subagency and cooperating brokers
What to know
Listing broker, cooperating broker, subagent, principal, buyer customer, MLS cooperation, compensation offer, authority, duties, vicarious exposure, and state-specific practice
Best exam move
Never turn cooperation or payment into subagency automatically; find an accepted agency relationship.
Topic
Customers and other non-clients
What to know
Customer, consumer, unrepresented party, no advocacy, honesty, good faith, accurate information, material fact, ministerial act, form completion, showing access, disclosure, and no-agency notice
Best exam move
Withhold client advocacy, not basic honesty or information the law requires the licensee to disclose.
Topic
Transaction broker and facilitator models
What to know
Non-agent, neutral assistance, transaction broker, facilitator, limited duties, no fiduciary advocacy, state authorization, disclosure, compensation, contract terms, Illinois prohibition, and exam jurisdiction
Best exam move
Recognize the national label, then check whether the state in the scenario permits the relationship before assigning duties.
Topic
Actual authority
What to know
Express authority, implied authority, principal instruction, necessary and incidental acts, agreement scope, special agent, general agent, limits, lawful objective, revocation, and documentation
Best exam move
Ask what the principal communicated to the agent and whether the disputed act reasonably fits that grant.
Topic
Apparent authority and ratification
What to know
Principal manifestation, third-party belief, reasonable reliance, agent representation, unauthorized act, knowledge, acceptance of benefit, affirmance, rejection, and estoppel
Best exam move
For apparent authority, look from principal to third party. For ratification, look for later approval of an act done without prior authority.
Topic
Special, general, and universal agents
What to know
Limited transaction, brokerage listing, continuing operations, property manager, broad authority, attorney-in-fact, power of attorney, scope, duration, and legal effect
Best exam move
Match the agent category to the breadth of authorized acts, not the agent's job title alone.
Topic
Powers of attorney
What to know
Principal, agent, attorney-in-fact, property power, statutory form, specific authority, general authority, effective date, durability, incapacity, revocation, signature capacity, and reliance
Best exam move
Read the instrument for the exact power granted and do not infer authority to sign from a brokerage relationship.
Topic
Compensation and agency
What to know
Commission, fee, payment source, cooperative compensation, client obligation, third-party payment, written disclosure, informed consent, representation, sponsoring broker, and no automatic relationship
Best exam move
Trace agency from agreement and consent, then analyze compensation as a separate contract and disclosure issue.
Topic
Illinois relationship overlay
What to know
Designated agent, written brokerage agreement, client, customer, no-agency notice, dual agency, consent, transaction-specific confirmation, transaction broker prohibition, facilitator prohibition, actual knowledge, confidentiality, and Article 15
Best exam move
When the question says Illinois, replace generic relationship habits with the exact Article 15 model.

Which distinctions produce the most mistakes?

Terms
Principal vs. client
Difference
Principal is the broader agency-law term for the person who authorizes the agent. Client is the common brokerage term for the consumer represented by the licensee.
Question cue
Authority-giver in agency vocabulary versus represented consumer in brokerage vocabulary.
Terms
Client vs. customer
Difference
A client receives representation and the duties attached to it. A customer is unrepresented by that licensee but remains protected by duties imposed toward non-clients.
Question cue
Best-interest advocacy versus honest assistance without advocacy.
Terms
Seller's agent vs. buyer's agent
Difference
A seller's agent promotes the seller client's lawful interests. A buyer's agent promotes the buyer client's lawful interests, regardless of which side supplies compensation.
Question cue
Whose bargaining position is protected, not who writes the check.
Terms
Designated agency vs. dual agency
Difference
Designated agency assigns a particular licensee to one client. Dual agency occurs when one licensee represents opposing clients in the same transaction.
Question cue
Different same-firm agents on opposite sides versus one agent on both sides.
Terms
Customer vs. transaction broker
Difference
Customer describes the consumer's unrepresented status relative to a licensee. Transaction broker is a specific non-agency brokerage role created by the law of jurisdictions that allow it.
Question cue
Person's status versus licensee's statutory service model.
Terms
Cooperating broker vs. subagent
Difference
A cooperating broker participates in the transaction. A subagent owes agency duties to another agent's principal through a valid subagency relationship.
Question cue
Participation alone versus accepted derivative agency.
Terms
Express agency vs. implied agency
Difference
Express agency follows stated consent. Implied agency is inferred from conduct. Written brokerage requirements can prevent conduct alone from creating a compliant relationship in a particular state.
Question cue
Words or writing versus behavior, followed by a state-formality check.
Terms
Actual authority vs. apparent authority
Difference
Actual authority comes from principal to agent. Apparent authority comes from the principal's manifestations that reasonably influence a third party.
Question cue
What the agent was told versus what the outsider was led to believe.
Terms
Implied authority vs. implied agency
Difference
Implied authority concerns acts reasonably incidental to an existing agency. Implied agency concerns whether an agency relationship arose from conduct in the first place.
Question cue
Scope of an established relationship versus creation of a relationship.
Terms
Special agent vs. general agent
Difference
A special agent has authority for a limited matter or transaction. A general agent has authority over a continuing range of matters for the principal.
Question cue
Broker hired for one sale versus manager running recurring property operations.
Terms
Brokerage agreement vs. power of attorney
Difference
A brokerage agreement authorizes licensed services within its scope. A power of attorney gives an attorney-in-fact the legal authority stated in that instrument, which may include signing for the principal.
Question cue
Market and negotiate versus execute a document in the principal's name.
Terms
Compensation source vs. representation
Difference
Compensation identifies who funds or owes a fee. Representation identifies the client to whom agency duties are owed. One does not automatically establish the other.
Question cue
Money path versus duty path.

How do you classify an agency question?

  1. Write down every person and brokerage before evaluating conduct.
  2. Mark each consumer as client, customer, or not yet classified.
  3. Find the agreement, conduct, statute, or instrument offered as the source of authority.
  4. Identify the principal's objective and the exact scope of the agent's authority.
  5. Separate the represented side from the source of compensation.
  6. Check whether one agent, different designated agents, or a permitted non-agent is involved.
  7. Apply the jurisdiction's relationship rules, especially any Illinois prohibition or writing requirement.
  8. Choose the answer that preserves required loyalty and confidentiality without withholding a legally required disclosure.
Fact in the question
Owner signs with a listing brokerage
Relationship clue
Seller or landlord agency
Best exam move
Treat the owner as client within the agreement's scope
Fact in the question
Buyer signs for advocacy
Relationship clue
Buyer agency
Best exam move
Protect the buyer's lawful negotiating interests
Fact in the question
Two same-firm licensees represent opposite sides
Relationship clue
Possible designated agency
Best exam move
Ask who was individually designated to each client
Fact in the question
One licensee represents both sides
Relationship clue
Possible dual agency
Best exam move
Check state permission, disclosure, consent, and limits
Fact in the question
Licensee gives forms to an unrepresented party
Relationship clue
Customer assistance
Best exam move
Do not infer client advocacy from a ministerial act alone
Fact in the question
Cooperating broker is paid from listing side
Relationship clue
Compensation fact only
Best exam move
Find the accepted representation agreement separately
Fact in the question
Principal tells agent to market but not sign
Relationship clue
Limited actual authority
Best exam move
Do not let the agent bind the principal by signature
Fact in the question
Principal tells a buyer that agent may accept
Relationship clue
Possible apparent authority
Best exam move
Test reasonable third-party reliance on the principal's statement
Fact in the question
Principal accepts an unauthorized deal with full knowledge
Relationship clue
Possible ratification
Best exam move
Ask whether the principal affirmed the entire material act
Fact in the question
Question calls Illinois broker a facilitator
Relationship clue
Prohibited Illinois label
Best exam move
Reject facilitator status and apply Article 15
Fact in the question
Brokerage agreement authorizes sale services
Relationship clue
Brokerage authority
Best exam move
Do not infer authority to sign the owner's deed
Fact in the question
Valid property power authorizes conveyance
Relationship clue
Attorney-in-fact authority
Best exam move
Confirm scope, effectiveness, and signature capacity

How do the rules work in scenarios?

The listing-side commission does not identify the buyer's agent

Scenario: A buyer signs a representation agreement with Broker B. The seller's listing agreement provides the funds from which Broker B will be paid. A question asks whom Broker B represents.

  1. The buyer entered a representation relationship with Broker B.
  2. The listing side's contribution to compensation is a separate money fact.
  3. Payment does not convert Broker B into the seller's agent or subagent.

Answer: Broker B represents the buyer. Always trace the duty path before the money path.

Same company does not always mean one dual agent

Scenario: An Illinois seller is represented by Licensee S and the buyer is represented by Licensee B. Both licensees work for the same sponsoring broker and each was designated to a separate client.

  1. Illinois designation identifies the individual legal agent or agents for each client.
  2. Other affiliated licensees are excluded from that designation.
  3. Neither Licensee S nor Licensee B represents both opposing clients on these facts.

Answer: This is designated agency within one firm, not automatic dual agency by each licensee.

Friendly help does not automatically make the customer a client

Scenario: A listing agent gives an unrepresented buyer a blank offer form, explains where factual property information appears, and reminds the buyer that the agent represents the seller.

  1. The buyer has not been described as represented by the listing agent.
  2. Providing neutral or ministerial help may be permitted without client advocacy.
  3. The agent must maintain the seller agency and comply with the jurisdiction's no-agency disclosure rules.

Answer: The buyer remains a customer on these facts. Helpful service and agency representation are not synonyms.

The agent cannot manufacture apparent authority

Scenario: A listing agreement permits a broker to advertise and present offers. The broker tells a buyer, without the owner's involvement, that the broker can accept any full-price offer for the owner.

  1. Actual authority does not include acceptance on the stated facts.
  2. Apparent authority must arise from the principal's manifestations to the third party.
  3. The broker's unsupported claim cannot enlarge the broker's own authority.

Answer: The broker lacks actual authority to accept and has not established apparent authority from the owner.

A national relationship label fails the Illinois overlay

Scenario: An Illinois licensee proposes to help a seller and buyer as a neutral facilitator, without representing either party and without using Illinois dual-agency procedures.

  1. Facilitator is a relationship category included in the national outline because some jurisdictions use it.
  2. Illinois expressly prohibits a licensee from acting as a facilitator or transaction broker.
  3. Calling the service neutral does not remove the statutory prohibition.

Answer: The proposed Illinois facilitator relationship is not permitted. The licensee must use a lawful Illinois relationship and its required disclosures.

Marketing authority is not deed-signing authority

Scenario: A seller gives a broker an exclusive listing agreement. The seller leaves the country before closing, and the buyer asks the broker to sign the deed for the seller.

  1. The listing agreement authorizes brokerage services, not every legal act related to the sale.
  2. A deed signature transfers the principal's property interest and requires authority adequate for that act.
  3. A power of attorney, if offered, must be valid, effective, and broad enough to cover the conveyance.

Answer: The broker cannot sign merely because the broker holds the listing. Confirm separate signing authority and obtain legal guidance.

What are the common exam traps?

Trap
The seller pays, so every broker represents the seller.
Correction
Payment does not determine agency. A buyer's broker may be paid through transaction funds while continuing to represent the buyer.
Trap
Anyone who receives help from a licensee becomes a client.
Correction
A licensee can provide permitted factual or ministerial assistance to a customer without undertaking client advocacy.
Trap
A cooperating broker is automatically the listing broker's subagent.
Correction
Cooperation and subagency are different. Find an accepted subagency relationship rather than assuming one from MLS participation or compensation.
Trap
All licensees in one brokerage represent every company client.
Correction
Under Illinois designated agency, named licensees represent the client to the exclusion of other affiliated licensees, subject to the statutory framework.
Trap
Two agents from one firm on opposite sides must each be dual agents.
Correction
Separately designated agents may represent opposing clients. Dual agency focuses on one licensee representing both sides.
Trap
A transaction broker is just another word for customer.
Correction
Customer describes an unrepresented consumer. Transaction broker describes a jurisdiction-specific non-agency role for a licensee.
Trap
Because PSI lists facilitators, an Illinois licensee may act as one.
Correction
The national outline covers models used across jurisdictions. Illinois prohibits transaction brokers and facilitators.
Trap
An agent can create apparent authority by announcing it.
Correction
Apparent authority rests on the principal's manifestations and the third party's reasonable belief, not the agent's claim alone.
Trap
Implied agency and implied authority mean the same thing.
Correction
Implied agency concerns creation of the relationship. Implied authority concerns incidental powers within an already existing relationship.
Trap
A listing agreement gives the broker power to sign for the seller.
Correction
Ordinary brokerage authority does not itself grant attorney-in-fact power to execute a deed or contract in the principal's name.
Trap
A power of attorney always grants unlimited authority.
Correction
The instrument's language, effective status, statutory requirements, and any express limits control the agent's power.
Trap
A customer is owed no duties because the customer has no agent.
Correction
Non-clients remain protected by duties such as honesty and required material-fact disclosure. They simply do not receive the full advocacy owed to a client.

Can you answer these original practice questions?

These questions are original study items aligned to the published outline. They are not copied, recalled, or predicted PSI questions.

1. A seller's listing broker offers compensation to a buyer's broker. The buyer and buyer's broker have a valid representation agreement. Whom does the buyer's broker represent?

  1. A. The buyer
  2. B. The seller, because the listing side funds compensation
  3. C. Both parties automatically
  4. D. Neither party
Show answer and explanation

Answer: A

The representation agreement establishes the buyer as client. Compensation source does not by itself determine agency.

2. Which fact is most important when deciding whether a cooperating broker is a subagent of the seller?

  1. A. The broker accessed the property through the MLS
  2. B. The broker accepted a subagency relationship permitted by law
  3. C. The broker attended the inspection
  4. D. The listing brokerage offered compensation
Show answer and explanation

Answer: B

Subagency depends on a valid agency relationship. Cooperation, access, attendance, and compensation do not create it automatically.

3. An Illinois licensee offers to act as a neutral transaction broker for both sides without representing either. What is the best response?

  1. A. Accept because neutrality eliminates all conflicts
  2. B. Accept only if the seller pays no commission
  3. C. Decline because Illinois prohibits transaction brokers and facilitators
  4. D. Accept if the offer is below list price
Show answer and explanation

Answer: C

The Illinois state outline specifically tests the prohibition. National familiarity with transaction-broker models does not make the role lawful in Illinois.

4. A principal privately tells an agent not to accept offers. The principal then tells a buyer in the agent's presence that the agent has full authority to accept. Which doctrine is most relevant to the buyer's reasonable belief?

  1. A. Apparent authority
  2. B. Subagency
  3. C. Universal agency
  4. D. Customer status
Show answer and explanation

Answer: A

The principal's statement to the third party may create apparent authority even though the private instruction limits the agent's actual authority.

5. A property manager has continuing authority to collect rent, arrange routine maintenance, and negotiate renewals within stated limits. Which category best fits?

  1. A. Special agent for one isolated act
  2. B. General agent for a continuing range of matters
  3. C. Customer
  4. D. Subagent solely because rent is collected
Show answer and explanation

Answer: B

A property manager commonly illustrates general agency because the authority covers recurring matters in an ongoing operation. The written scope still controls the exact powers.

How should you study this area?

Session
Session 1
Focus
Build the people map
Proof you are ready
Classify principal, agent, client, customer, and third party correctly in 12 short scenarios.
Session
Session 2
Focus
Sort representation models
Proof you are ready
Explain seller, landlord, buyer, tenant, designated, dual, and subagency without using compensation as the deciding fact.
Session
Session 3
Focus
Master authority
Proof you are ready
Separate express actual, implied actual, apparent authority, and ratification in eight examples.
Session
Session 4
Focus
Compare non-agency roles
Proof you are ready
Distinguish customer, non-agent, transaction broker, facilitator, and ministerial assistance, including the Illinois prohibition.
Session
Session 5
Focus
Control brokerage and signing authority
Proof you are ready
Explain why a listing, representation agreement, and property power of attorney grant different kinds of authority.
Session
Session 6
Focus
Run mixed national and Illinois questions
Proof you are ready
Score at least 90% on a fresh agency set and justify each answer with relationship, authority, duty, and jurisdiction.

Do not count recognition as mastery. Close the notes and explain the rule, apply it to a new fact pattern, and identify why each distractor fails.

Practice the topic in Pass Illinois

From concept to decision

Drill this topic, then review the explanation

Pass Illinois gives you original national and Illinois questions, topic-by-topic study, clear explanations, timed practice, flashcards, progress tracking, and Math Coach. Start free, find the weak distinction, and focus the next session there.

Questions students ask about Agency and Non-Agency Relationships

What is an agency relationship in real estate?

An agency relationship exists when a principal authorizes an agent to act on the principal's behalf and the agent consents to do so. In a brokerage transaction, the represented principal is usually called the client. The agreement and governing law define the agent's authority and duties.

What is a non-agency relationship?

A non-agency relationship is one in which the licensee provides only the services the jurisdiction permits without representing the consumer as an agent. Common national-outline labels include transaction broker, facilitator, and non-agent. Availability and duties vary by state. Illinois prohibits licensees from acting as transaction brokers or facilitators.

What is the difference between a client and a customer?

A client is represented by the licensee and receives the duties attached to that agency relationship. A customer is not represented by that licensee. An Illinois customer is still owed honesty and good faith, protection from negligent or knowing false information, and disclosure of certain actually known latent material adverse physical facts.

Does the person who pays the commission determine agency?

No. Compensation and representation are separate questions. Illinois Section 15-40 expressly says payment or a promise of payment does not determine whether an agency relationship exists. Read the brokerage relationship and disclosures before following the money.

What is designated agency in Illinois?

Designated agency means one or more licensees sponsored by a broker are named as the client's legal agents to the exclusion of the sponsoring broker and other affiliated licensees. Illinois uses this as its statutory starting model unless a written agreement with the sponsoring broker provides for a different relationship.

Is a cooperating broker automatically a subagent of the seller?

No. Cooperation, MLS participation, access to a listing, or an offer of compensation does not by itself establish whom a broker represents. A cooperating broker may represent the buyer, serve in another relationship allowed by local law, or in some jurisdictions accept subagency. The agreement and law control.

What is the difference between actual and apparent authority?

Actual authority comes from the principal's communication to the agent. Apparent authority comes from the principal's words or conduct that reasonably cause a third party to believe the agent has authority. The agent cannot create apparent authority merely by claiming to have it.

Can an Illinois broker act as a transaction broker or facilitator?

No. The current Illinois Act prohibits a licensee from serving as a transaction broker or facilitator. On a national question, apply the relationship described by that question's jurisdiction. On an Illinois question, reject those labels and use the relationships Illinois permits.

Does a brokerage agreement let a broker sign a deed for the client?

Not by itself. A brokerage agreement authorizes brokerage services within its terms. Authority to sign a principal's deed or other legal instrument requires separate authority, often a valid power of attorney with adequate scope and execution. Never treat marketing authority as signing authority.

Are these official PSI Illinois broker exam questions?

No. The questions are original and aligned to the national Agency outline effective June 24, 2026. The Illinois comparisons were checked against current Illinois primary sources through August 1, 2026.

Primary sources

The current official outline controls the tested scope. Statutes, regulations, and official agency materials control when a general study rule and a jurisdiction-specific rule differ.

Editorial status

Checked against primary sources

The Pass Illinois editorial team last checked this guide on August 1, 2026. Every practice question is an original study item, and the source links above let you verify the rules that support the lesson.

Read our editorial and corrections process

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