- 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
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.
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?
- Write down every person and brokerage before evaluating conduct.
- Mark each consumer as client, customer, or not yet classified.
- Find the agreement, conduct, statute, or instrument offered as the source of authority.
- Identify the principal's objective and the exact scope of the agent's authority.
- Separate the represented side from the source of compensation.
- Check whether one agent, different designated agents, or a permitted non-agent is involved.
- Apply the jurisdiction's relationship rules, especially any Illinois prohibition or writing requirement.
- 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.
- The buyer entered a representation relationship with Broker B.
- The listing side's contribution to compensation is a separate money fact.
- 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.
- Illinois designation identifies the individual legal agent or agents for each client.
- Other affiliated licensees are excluded from that designation.
- 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.
- The buyer has not been described as represented by the listing agent.
- Providing neutral or ministerial help may be permitted without client advocacy.
- 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.
- Actual authority does not include acceptance on the stated facts.
- Apparent authority must arise from the principal's manifestations to the third party.
- 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.
- Facilitator is a relationship category included in the national outline because some jurisdictions use it.
- Illinois expressly prohibits a licensee from acting as a facilitator or transaction broker.
- 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.
- The listing agreement authorizes brokerage services, not every legal act related to the sale.
- A deed signature transfers the principal's property interest and requires authority adequate for that act.
- 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?
- A. The buyer
- B. The seller, because the listing side funds compensation
- C. Both parties automatically
- 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?
- A. The broker accessed the property through the MLS
- B. The broker accepted a subagency relationship permitted by law
- C. The broker attended the inspection
- 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?
- A. Accept because neutrality eliminates all conflicts
- B. Accept only if the seller pays no commission
- C. Decline because Illinois prohibits transaction brokers and facilitators
- 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?
- A. Apparent authority
- B. Subagency
- C. Universal agency
- 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?
- A. Special agent for one isolated act
- B. General agent for a continuing range of matters
- C. Customer
- 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
- PSI Illinois Candidate Information Booklet dated June 24, 2026
- 225 ILCS 454 Article 15, current Illinois agency relationship law
- 225 ILCS 454/1-10, current Illinois definitions
- 68 Illinois Administrative Code Part 1450, current real estate rules
- 755 ILCS 45, current Illinois Power of Attorney Act
- IDFPR 6-hour Core Curriculum, agency and brokerage relationships
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.