Article · Real Estate

Whose Agent Is That, Exactly: How Real Estate Brokerage Law Actually Works

15 U.S.C. § 1

Type
Article
Jurisdiction
National
Date
2026-03-17
Topic
Real Estate

Almost everyone who buys or sells a home works with a licensed agent, and almost nobody understands who that agent legally works for. This article explains the agency structures that determine whose interests an agent must protect, why the answer used to be counterintuitive enough that legislatures wrote disclosure statutes to fix it, and what dual agency and transaction brokerage actually mean. It traces where the commission comes from, how the cooperative compensation model worked for decades, and why the antitrust litigation that unwound it changed the conversation buyers and sellers now have. It covers the duties agents owe and the ones they do not, the disclosure obligations that fall on sellers and the ones that fall on agents, and the referral and kickback rules that quietly govern the settlement services around every transaction. It closes with how commission disputes actually get resolved, what a licensee risks in front of a board, and the practical advice that follows from all of it.

Whose Agent Is That, Exactly: How Real Estate Brokerage Law Actually Works

Real Estate > Real Estate Brokerage, Agency, and Commissions | Published 17 March 2026 - Updated 2 August 2026 | UpLaw - uplaw.us

The question nobody asks at the open house

A buyer walks into an open house. An agent greets them, asks what they are looking for, learns their budget, hears that they are pre-approved for more than they plan to spend, and finds out they need to move before the school year starts.

The full text of this document is available to Executive subscribers and above. See plans.