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National Agent Duties guide

Agent duties to clients and customers

Identify the relationship from each licensee's point of view. A buyer can be a client of the buyer's agent and a customer of the seller's agent. Then identify the act and the knowledge standard. Illinois gives clients a detailed statutory duty list and separately protects customers from dishonesty and specified nondisclosure.

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The short answer

An Illinois client receives the duties in Section 15-15, including performance of the agreement, promotion of the client's lawful best interests, reasonable skill and care, confidentiality and legal compliance. Section 15-25 requires honest treatment of customers and prohibits negligent or knowing false information. Its physical-fact disclosure rule specifically addresses a seller's licensee and prospective-buyer customers. Customer means not represented by that licensee, rather than necessarily unrepresented by everyone.

Reviewed October 25, 2026. PSI National VI.B.1 covers agent duties to clients, and VI.B.2 covers duties to customers or nonclients. The whole Agency domain has 13 of 100 scored national questions, with no separate quota for this page. National fiduciary vocabulary is useful for the national portion; Illinois Article 15 governs the state brokerage duties. The client and customer provisions should not be merged into one identical list.

Match the person, the act and the legal standard

  1. Identify whom this licensee represents. The same consumer may be another licensee's client. Do not decide agency from payment alone or assume that missing paperwork automatically makes someone a customer. Illinois's designated-agency default, required writings and notice rules must be read together.
  2. Apply the client duty list when the licensee represents that person. Section 15-15 requires performance of the agreement, promotion of the client's best interests, reasonable skill and care, confidentiality and legal compliance. Its specific duties include timely offer presentation unless waived, known material transaction information subject to confidentiality, timely accounting and lawful directions.
  3. Apply the customer provision precisely. Section 15-25 requires honesty and bars negligent or knowing false information. A licensee engaged by a seller client must timely disclose to prospective-buyer customers the actually known, latent, material adverse physical facts that the customer could not discover through a reasonably diligent inspection.
  4. Identify the source of a false statement. When customer-provided information is passed to a client, Section 15-15(d) uses knew or should have known. The specific protection for passing client-provided information to a customer in Section 15-25 uses actual knowledge of falsity. These are not interchangeable standards or a general license to make unsupported claims.
  5. Separate confidentiality from mandatory disclosure. A private negotiating limit can be confidential. Material information about the property's physical condition is excluded from the statutory confidential-information definition. Protect files and communications from unauthorized disclosure while following applicable disclosure duties.
  6. Finish with the lawful action. Present the offer, account for the item, disclose the required known fact or refuse an unlawful instruction as the facts require. A duty of care is not a guarantee of a loan, inspection result or closing. Termination also leaves the Section 15-30 accounting and confidentiality duties, its written-agreement qualification and separate legal obligations to consider.
Illinois duties depend on the relationship and the specific act
IssueClientCustomer relative to this licensee
RepresentationLicensee represents this personLicensee does not represent this person; another licensee may
Lawful advocacyPromote the client's best interests within the Act and agreementNo client advocacy from this licensee
Skill and careExpress duty under Section 15-15(a)(3)Section 15-25 expressly requires honesty and bars negligent or knowing false information
Known factsKnown material transaction facts, subject to the statutory qualificationsSpecified seller-to-buyer-customer latent material adverse physical facts
Customer supplies a false statementSection 15-15(d): knew or should have known it was falseIdentify the actual source and recipient before choosing a standard
Client supplies a false statementDo not confuse this with the customer-to-client provisionSection 15-25 protection depends on lack of actual knowledge of falsity
Negotiating informationProtect confidential information and authorized disclosure limitsDo not invite negotiation secrets or promise client advocacy
Money and propertyTimely accounting for money and property received in which the client has or may have an interestSeparate escrow and transaction-property requirements still apply
After terminationSection 15-30 accounting and confidentiality, with its written-agreement qualificationEnding representation does not erase an earlier false statement or other applicable obligation

The distinctions that matter

agent duties to clients and customers: key distinctions
DistinctionHow it worksWhat to notice
Client vs. customerClient and customer are relative to this licensee. A consumer may be this licensee's customer while another licensee represents that consumer.Promote interests versus assist honestly without advocacy.
Loyalty vs. obedienceLoyalty directs the agent toward the client's lawful best interests. Obedience requires following the client's lawful instructions within authority.Whose interests guide conduct versus whose lawful directions control the act.
Disclosure vs. confidentialityDisclosure gives the client material information needed for decisions. Confidentiality protects the client's private information from unauthorized release.Tell the client versus protect information about the client.
Confidential fact vs. material physical factA negotiating position may be confidential. A known property-condition fact required by law is not hidden through client confidentiality.Bottom line versus latent defect.
Accounting vs. recordkeepingAccounting concerns custody, tracking, and proper delivery of money or property. Recordkeeping concerns preserving the transaction file for the required period.Handle entrusted item correctly versus retain evidence of the transaction.
Actual knowledge vs. duty to discoverActually known disclosure facts are different from a general search for unknown defects. Read the statutory care and false-information duties too; an actual-knowledge provision is not permission to make an unsupported assurance.Known fact versus hidden condition not yet found.
Latent defect vs. patent conditionA latent defect is not readily observable through reasonably diligent inspection. A patent condition is apparent or discoverable through such inspection.Hidden condition versus visible or readily discoverable condition.
Customer assistance vs. customer advocacyRule 1450.770(i)(1) permits the seller's licensee to assist an unrepresented buyer on the seller's behalf after written no-agency disclosure. It does not authorize acting as the buyer's advocate or supply an automatic ministerial-act exception to the agency default.Help complete the process versus advise how to win the negotiation.
Lawful instruction vs. illegal instructionAn agent follows a lawful instruction within the relationship. An instruction to discriminate, misrepresent, conceal, or forge must be refused.Obedience applies only inside the law.
Reasonable care vs. professional guaranteeThe client's statutory skill-and-care duty concerns competent performance. It is not a guarantee of condition, price, financing or closing; the customer provision uses its own wording.Competent process versus promised outcome.
Knew or should have known vs. actual knowledgeSection 15-15(d) addresses customer-provided false information passed to a client. Section 15-25 separately addresses client-provided false information passed to a customer. Identify that direction before selecting the standard.Track source, recipient and knowledge.

Work through the facts

The seller asks the agent to hide the leak

A seller tells the listing agent not to reveal a recurring concealed roof leak that the agent actually knows about because the buyer should have an inspection.

  1. Obedience applies only to lawful instructions.
  2. For the seller's licensee and prospective-buyer customer, all the Section 15-25 conditions must be tested: actual knowledge, latency, material adversity, physical condition and nondiscoverability through reasonably diligent customer inspection.
  3. Confidentiality does not transform a property-condition fact into protected negotiating strategy.

Answer: The agent must refuse concealment and follow the governing disclosure law and brokerage procedures.

The listing agent helps an unrepresented buyer

After giving the unrepresented buyer the required written no-agency disclosure before the assistance, a seller's agent supplies a blank offer form and points to public tax information on the seller's behalf. The buyer asks which price will beat another offer.

  1. The buyer is a customer, not the seller's agent's client.
  2. Rule 1450.770(i)(1) provides a specified seller-side assistance path after written disclosure. Calling an act ministerial does not automatically override the agency default.
  3. Recommending the buyer's competitive price would cross toward negotiating advice against the seller client.

Answer: Keep the assistance within the seller-side authority. Do not become the buyer's negotiating advocate without the required relationship and legal steps.

The buyer's maximum remains confidential

A buyer tells the buyer's agent that the buyer can pay $40,000 above the current offer. The seller's agent asks whether there is room to increase.

  1. The maximum price is negotiating information received from the client.
  2. Loyalty and confidentiality protect it from unauthorized disclosure.
  3. The buyer's agent can convey an authorized offer or counteroffer without revealing the undisclosed ceiling.

Answer: Do not disclose the maximum unless the buyer authorizes it or law requires disclosure.

A discriminatory instruction must be refused

A landlord offers an ordinary rental covered by familial-status protections, with no applicable exemption. The landlord tells the listing agent to reject families with children and invent an income reason for every refusal.

  1. Familial status discrimination is not a lawful client objective under applicable fair housing law.
  2. Obedience never requires unlawful conduct.
  3. Inventing reasons would also violate honesty and accurate-information duties.

Answer: Refuse the instruction, explain the legal boundary, document the issue, and follow supervising-broker procedures.

Actual knowledge is not a license to ignore a red flag

An Illinois broker notices fresh paint over a large recurring water stain and receives conflicting statements from the seller. The broker tells the buyer that no water problem exists without checking the file.

  1. An actual-knowledge disclosure provision does not make the broker a technical inspector or eliminate other applicable duties.
  2. The question concerns the broker's own unsupported assurance. Determine the actual source of the information before applying either source-specific statutory protection; merely attributing a statement does not prove every condition is met.
  3. The paint and conflicting stories alone do not conclusively establish actual knowledge of a particular defect. Separate the known facts, the assurance and the applicable false-information rule.

Answer: Do not make the assurance. Clarify known information, follow disclosure duties, and recommend the appropriate inspection or expert review.

Termination does not free confidential information

After an Illinois listing expires, the former agent reveals the seller's privately supplied divorce motivation and undisclosed price limit. No authorization, public-source exception or required disclosure is supplied.

  1. The information concerns the former client's motivation and negotiating position.
  2. Illinois Section 15-30 preserves confidentiality after expiration unless an applicable exception exists.
  3. The end of marketing authority does not make the information public.

Answer: The former agent must continue protecting the confidential information.

A represented buyer is still the seller agent's customer

Buyer Dana has a separate buyer's agent. Lee represents only the seller. Dana asks whether Lee therefore owes Dana no statutory customer protections.

  1. The definition is relative to Lee.
  2. Dana is Lee's customer even though Dana is another licensee's client.
  3. Section 15-25 protections do not depend on every other person leaving Dana unrepresented.

Answer: Lee owes the applicable customer protections while the buyer's agent provides Dana's representation.

False information travels from customer to client

A customer gives a buyer's agent material false information, which the agent passes to the buyer client. The question asks for the knowledge standard in Section 15-15(d).

  1. The source is a customer and the recipient is the licensee's client.
  2. That subsection uses knew or should have known that the information was false.

Answer: Use the knew-or-should-have-known standard for that provision.

False information travels from client to customer

A seller client gives the licensee false information, and the licensee provides that information to a buyer customer. For the specific Section 15-25 protection, the facts establish that the licensee lacked actual knowledge of falsity.

  1. The source is the licensee's client and the recipient is a customer.
  2. The particular statutory protection uses actual knowledge, not the separate knew-or-should-have-known wording.
  3. That limited analysis does not adjudicate every other statement, disclosure failure or cause of action.

Answer: Apply the specified client-information protection on its conditions; do not swap in Section 15-15(d)'s different standard.

The client decides whether an offer is acceptable

A listing agent receives an offer the agent thinks the seller will reject. No applicable waiver is supplied. The agent considers suppressing it because the commission would be lower.

  1. Section 15-15(a)(2)(B) requires timely presentation of offers to and from the client unless the client has waived that duty.
  2. A prediction about the client's reaction or a preferred commission does not supply that waiver.

Answer: Present the offer timely and let the client make the decision.

Mistakes to avoid

  • A customer is owed no duties. A customer is protected by Section 15-25 and other applicable law. Customer is relative to this licensee, not proof that the person has no agent elsewhere.
  • Loyalty lets an agent mislead the other party. Client advocacy stays inside the law. It never excuses false statements, unlawful concealment, or bad-faith conduct.
  • Obedience means follow every client demand. Only lawful instructions within authority are obeyed. Discriminatory or deceptive directions must be refused.
  • Disclosure requires sharing the client's bottom line. A client's confidential maximum or minimum is ordinarily protected. Convey authorized terms without volunteering the private limit.
  • Confidentiality can hide a known material physical defect. Property facts subject to mandatory disclosure cannot be concealed as client confidences.
  • Reasonable care guarantees a successful closing. It requires competent practice, not a guaranteed appraisal, inspection, loan, price, or closing outcome.
  • Accounting applies only to cash. Accounting reaches money and other property, including keys, documents, checks, and items entrusted through the transaction.
  • A broker must personally answer every legal, tax, and structural question. Reasonable care includes recognizing scope limits and referring the consumer to the proper attorney, tax professional, inspector, engineer, or other expert.
  • Repeating the seller's statement can never create liability. Identify who supplied the information and who received it. The specific client-to-customer protection uses actual knowledge; customer-to-client information uses knew or should have known. Neither is a blanket license for unsupported assurances.
  • A latent-fact disclosure duty automatically requires destructive investigation. Use the actual statutory disclosure conditions and read separate care and false-information duties. Do not turn one provision into a universal inspection duty or universal immunity.
  • Giving a customer a form creates full agency. Use the designated-agency default and the specific written-disclosure assistance rule. A ministerial label does not automatically decide the relationship either way.
  • Every client duty ends at expiration. Illinois preserves accounting and confidentiality by default after termination, expiration, or completed performance.

Check your understanding

These are original teaching questions, not recalled or predicted PSI questions. Answer first, then explain why the other choices fail.

1. A seller asks the listing licensee to hide an actually known latent material adverse roof condition that a reasonably diligent buyer inspection would not discover. Which response follows Illinois duties?

  1. Refuse the unlawful instruction and comply with the applicable disclosure duty
  2. Disclose only the seller's private minimum price instead
  3. Conceal it because loyalty overrides every other duty
  4. Assume confidentiality protects every physical-condition fact
Show answer and explanation

Answer: A. Refuse the unlawful instruction and comply with the applicable disclosure duty

Lawful directions and legal compliance do not authorize concealment. The question supplies the seller-to-prospective-buyer-customer physical-fact conditions.

2. After timely written no-agency disclosure, a seller's licensee helps an unrepresented buyer on the seller's behalf. Which action fits that limited role?

  1. Reveal the seller's undisclosed minimum
  2. Supply permitted factual assistance without acting as the buyer's negotiating advocate
  3. Assume every task called ministerial overrides the agency default
  4. Promise to advocate the buyer's interests against the seller
Show answer and explanation

Answer: B. Supply permitted factual assistance without acting as the buyer's negotiating advocate

Rule 1450.770(i)(1) supplies a specific assistance path. It does not itself create permission to provide conflicting buyer advocacy or ignore relationship requirements.

3. Which item is ordinarily confidential client information on the stated facts?

  1. A buyer's privately supplied, undisclosed maximum offer with no disclosure authorization
  2. The public street address alone
  3. Material information about the property's physical condition merely labeled secret
  4. A recorded tax amount obtained from public records
Show answer and explanation

Answer: A. A buyer's privately supplied, undisclosed maximum offer with no disclosure authorization

The private negotiating limit can be confidential. Material physical-condition information is excluded from the statutory definition; other permissions and legal exceptions still matter.

4. Which fact matches the specific Section 15-25 seller-to-buyer-customer disclosure rule?

  1. An unknown hidden condition the licensee has not discovered
  2. Every off-property rumor regardless of relevance
  3. An actually known latent material adverse physical fact not discoverable by reasonably diligent customer inspection
  4. The seller's undisclosed bargaining limit
Show answer and explanation

Answer: C. An actually known latent material adverse physical fact not discoverable by reasonably diligent customer inspection

Apply the full statutory relationship and fact conditions, rather than replacing them with a universal duty to disclose every fact to every customer.

5. The brokerage agreement expires. Which statement best reflects Section 15-30?

  1. All possible obligations vanish
  2. Every old fee claim is automatically void
  3. Accounting and confidentiality remain under the statutory provision, with its written-agreement qualification
  4. The licensee must continue all marketing indefinitely
Show answer and explanation

Answer: C. Accounting and confidentiality remain under the statutory provision, with its written-agreement qualification

The statute preserves these duties. Additional written promises, independent legal obligations and past conduct require separate analysis.

6. Dana has a separate buyer's agent. Lee represents only the seller. Is Dana necessarily excluded from customer status relative to Lee?

  1. No, because payment alone makes Lee Dana's agent
  2. Yes; a consumer with any agent cannot be a customer of another licensee
  3. No; the definition concerns whether Lee represents Dana
  4. Yes; customer always means unrepresented by everyone
Show answer and explanation

Answer: C. No; the definition concerns whether Lee represents Dana

Client and customer classifications are licensee-relative. Dana can be the buyer agent's client and Lee's customer.

7. Customer-provided false information is passed by a licensee to the licensee's client. Which standard appears in Section 15-15(d)?

  1. Liability automatically follows every inaccurate statement without any statutory protection
  2. Only actual knowledge, regardless of what the licensee should have known
  3. No information-source or knowledge condition at all
  4. The licensee knew or should have known it was false
Show answer and explanation

Answer: D. The licensee knew or should have known it was false

That provision addresses information supplied by a customer to the licensee and then given to a client. Do not substitute Section 15-25's different wording.

8. For the specific Section 15-25 protection, false information came from the licensee's client and was provided to a customer. What knowledge condition does that protection use?

  1. The licensee never opened a transaction file
  2. The licensee lacked actual knowledge that the client-provided information was false
  3. The client signed a blanket waiver of every law
  4. The customer had no other agent
Show answer and explanation

Answer: B. The licensee lacked actual knowledge that the client-provided information was false

This source-specific protection uses actual knowledge. It does not eliminate the section's honesty duty, justify every assurance or decide all other claims.

9. A client argues that reasonable skill and care guarantees financing and closing. Which is best?

  1. A higher commission replaces the care obligation
  2. The licensee guarantees both outcomes in every transaction
  3. No duty of care applies to the licensee's own client
  4. Skill and care concerns competent performance; it is not an automatic outcome guarantee
Show answer and explanation

Answer: D. Skill and care concerns competent performance; it is not an automatic outcome guarantee

Section 15-15(a)(3) supplies the client care duty. A failed outcome alone does not define every act as compliant or noncompliant.

10. The agent predicts the seller will reject an offer and prefers the fee from another offer. No applicable waiver is supplied. What should the agent do?

  1. Delay it until the higher-fee transaction closes
  2. Present it timely and allow the client to decide
  3. Suppress the offer to save the seller time
  4. Treat the prediction as the client's waiver
Show answer and explanation

Answer: B. Present it timely and allow the client to decide

Section 15-15(a)(2)(B) requires timely presentation to and from the client unless the client waived that duty. The agent's prediction and fee preference do not supply a waiver.

11. Can a designated agent disclose confidential information to the sponsoring broker to seek help for the client?

  1. Section 15-50(c) allows the specified advice-or-assistance disclosure, with further-disclosure restrictions
  2. No client information may ever reach the sponsor for any purpose
  3. Yes, so every other agent may freely use it against the client
  4. Yes, and confidentiality always ends afterward
Show answer and explanation

Answer: A. Section 15-50(c) allows the specified advice-or-assistance disclosure, with further-disclosure restrictions

The permitted purpose and recipients are limited. The sponsor's protection duty and Rule 1450.800 safeguards still matter.

12. A licensee concludes that missing written paperwork automatically proves the consumer is only a customer. What is the problem?

  1. A greeting always forms a binding representation agreement
  2. Writing requirements never apply in Illinois
  3. The agency default and Section 15-50(a-5) cannot be replaced by an automatic no-writing/no-agency shortcut
  4. Missing writing always ends every statutory duty
Show answer and explanation

Answer: C. The agency default and Section 15-50(a-5) cannot be replaced by an automatic no-writing/no-agency shortcut

Required writing remains important. The statute also prevents the absence of writing from serving as the described general affirmative defense to an agreement or licensed activity.

Common questions

What duties does a real estate agent owe a client?

For the Illinois state analysis, use Section 15-15: perform the agreement, promote the client's best interests, exercise reasonable skill and care, protect confidentiality and comply with applicable law. The best-interest list includes acceptable price and terms, timely offers unless waived, specified known material facts, accounting and lawful directions. National fiduciary vocabulary is a foundation, not a replacement for Illinois's statutory wording.

What duties does a licensee owe a customer?

A customer is not represented by this licensee, but may have another licensee as an agent. Section 15-25 requires honest treatment and prohibits negligent or knowing false information. It also gives a specified physical-fact disclosure duty for a seller's licensee dealing with prospective-buyer customers. Do not copy every Section 15-15 client duty into Section 15-25 as if the lists were identical.

What is the difference between loyalty and honesty?

Loyalty requires an agent to promote the client's lawful interests above competing interests within the relationship. Honesty requires truthful dealing and applies beyond clients. A seller's agent can be honest with a buyer customer without advocating the buyer's price or strategy.

Must an agent obey every client instruction?

No. Obedience is limited to lawful instructions within the agency and agreement. An agent must refuse directions involving discrimination, concealment of a fact that law requires disclosed, false advertising, forged signatures, or other unlawful conduct.

Can a seller's agent tell a buyer the seller's lowest price?

Not without the seller client's permission or another legal basis. A seller's bottom line is ordinarily confidential negotiating information. The agent may present the seller's stated counteroffer, but cannot volunteer the client's undisclosed minimum.

Can confidentiality hide a property defect?

No when the law requires disclosure. Client confidentiality does not authorize misrepresentation or concealment of a material physical fact that must be disclosed. Illinois also excludes material information about a property's physical condition from its statutory definition of confidential information.

What material facts must an Illinois client representative disclose?

Section 15-15(a)(2)(C) addresses material transaction facts the licensee actually knows, unless confidential, with stated qualifications for off-property matters. Read that provision with the separate client skill-and-care duty and the applicable false-information standard. It does not by itself impose a general technical inspection of every unknown condition.

What physical facts must an Illinois licensee disclose to a customer?

The specific Section 15-25 duty applies to a licensee engaged by a seller client and customers who are prospective buyers. The fact must concern physical condition, be latent and materially adverse, be actually known to the licensee, and not be discoverable by a reasonably diligent inspection by the customer. The statute requires timely disclosure. A general promise of honesty is broader than just that one latent-fact category.

Which Illinois duties survive termination?

Section 15-30 identifies accounting for transaction money and property and confidentiality after termination, expiration or completed performance, with its written-agreement qualification. Read additional written promises and independent escrow or recordkeeping duties separately. Ending representation does not erase past conduct.

Are these official PSI broker exam questions?

No. These are original questions supporting the June 24, 2026 PSI client-and-customer duty outline. The current Illinois provisions and the particular primary readings identified in the source notes were used. This is exam education, not an approval of a live disclosure decision, immunity claim, legal document or dispute.

Does customer mean the person has no agent at all?

No. The Illinois definition concerns whether this licensee represents the consumer. A buyer can be one licensee's client and another licensee's customer in the same transaction. Classify the relationship separately for each licensee.

Can a designated agent ask the sponsoring broker for confidential help?

Section 15-50(c) permits disclosure to the sponsoring broker or specified people to seek advice or assistance for the client's benefit, with restrictions on further disclosure. Section 15-50(b) and Rule 1450.800 also require protection against unauthorized disclosure. That is different from letting every opposing agent in the firm freely read the client's negotiating strategy.

Which false-information standard applies when a customer is the source?

Under Section 15-15(d), a licensee providing customer-supplied false information to a client is not protected if the licensee knew or should have known it was false. Track the direction of the information. Do not substitute the separate actual-knowledge protection in Section 15-25.

Which false-information standard applies when the client is the source?

Section 15-25 provides a specific protection when false information supplied by the licensee's client is given to a customer and the licensee lacked actual knowledge of falsity. The same section still requires honesty and prohibits negligent or knowing false information. Do not expand that source-specific protection into immunity for all statements or nondisclosures.

Does a visible condition remove every duty of honesty?

No. A visible or readily discoverable condition may fail the specific latent-fact test, but that does not authorize a false statement about it. Distinguish that disclosure test from the customer honesty and false-information duties.

Can a missing signature automatically prove there is no client relationship?

No. Illinois's default relationship provision and Section 15-50(a-5) must be considered along with required writing and disclosure rules. The absence of writing is not a general affirmative defense to an agreement's existence or licensed activity, and it is not permission to ignore the writing requirements.

Does loyalty prohibit showing the property to other buyers?

Not automatically. Section 15-15(b) identifies activities such as showing alternatives and working on contemporaneous offers that do not themselves establish a breach. Rule 1450.830 separately addresses the same designated agent's competing clients for the same parcel or unit when the agent knows or has reason to know their offers will be considered at the same time. It requires written disclosure and referral to another designated agent on a client's request. Protect each client's confidential information.

Does a fee that rises with price automatically prove a loyalty breach?

Section 15-15(c) says a buyer's or tenant's representative is not presumed to have breached a duty merely because compensation is based on a higher selling price or lease cost. That limited rule is not approval of every bonus, undisclosed conflict, recommendation or action against the client's lawful interests.

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