Special offer
Home > Blogs > Ron Trzcinski, 410-935-5844 > Ron Trzcinski's Blog
bookmark_border

Can An Agent Represent Himself?

By
Real Estate Agent with 410-935-5844 Office 634480

Can An Agent Represent Himself?

I would think that an individual could represent himself or herself.

However, an agent, by definition, is one who represents someone else.

So, in a real estate transaction, where an agent wants to sell his or her own house or wants to buy a house for himself or herself, can that person perform that transaction as an agent?

This has been done by some agents and it has been supported by their brokers.

Would it be more appropriate to have another agent, whether from the same brokerage or not, act as the agent for this particular type of seller or buyer?

To complicate the matter, let's assume that a buyer, who is a licensed real estate agent, contracts to purchase a house and that this buyer acts like an agent by using the brokers name and forms.

Since this agent can not, by definition, represent himself or herself, and since, at least, in the State of Maryland must represent one or the other, the buyer or the seller, then by default does this buyer actually represent the seller?

This would mean that the buyer rather than working in his or her best interests would be working in the best interests of the seller.

 

Show All Comments
Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros

In the law it is said someone who represents himself has a fool for a client. But I think and have seen it happen a lot on Georgia that agents disclose and represent themselves. If the transaction gets complicated as you note then it would be better to have someone designated for one side or the other

Jun 11, 2012 06:09 AM
Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News
We are required to disclose we are an agent if we list our own property or for anyone we are related to. Same if we are a buyer. I'd ask why shouldn't we represent ourselves? Isn't buying or selling homes what we are trained to do? If we don't have confidence in our ability to work in our own best interest then why should a client trust us ?
Jun 11, 2012 06:14 AM
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

Charlie,

I don't know about the fool part, but disclosing that one is an agent does not resolve the concern with the definition of agency.  Many agents will get another agent to represent them.

Jun 11, 2012 06:24 AM
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

Cindy,

We are trained to work for others as agents.  I have no problem with representing ourselves, but the question is whether we are also allowed to be an agent at the same time.  The definition would suggest that we can not do both in the same transaction.  Even if we do not act as an agent, when we are the buyer or seller, I believe that we are required to disclose that we are licensed real estate agents.

Jun 11, 2012 06:29 AM
Chris Smith
Re/Max Chay Realty Inc., Brokerage - New Tecumseth, ON
South Simcoe, Caledon, King, Orangeville Real Esta

In Ontario, with disclosures, this practice is not uncommon Ron.  Is it by your law, or Board regulation that a licensed salsperson or broker, working for a brokerage, cannot use that brokerage to represent them in a transaction?

Even with disclosure, I can see the contradiction in the days before buyer and seller representation, or if the listing salesperson, selling his/her own home tries to also represent a buyer through multiple representation.

I could see the same conflict in wanting to purchase a home that I have listed...

Jun 11, 2012 06:41 AM
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

Chris,

Prior to about six months ago, I thought that the practice of an agent representing himself was okay, but after taking a course on agency given by a lawyer who represents the Maryland Association of Realtors, I found, at least, per his view that this was not acceptable.

The most logical way of explaining his position was through the definition of agency, whereby an agent is one who represents someone else, a fact, which would preclude an agent from representing himself.

In Maryland, an agent can not represent both the buyer and the seller.  The agent can represent the seller or the agent can represent the buyer, but not both.  If a buyer wants to use the listing agent for buying the agent's listing, then that buyer would not be represented by an agent.  The agent would only be assisting the buyer in the transaction.  In order to have dual agency, there would be three people required, the broker, who would actually represent both buyer and seller, an intra-company agent, who would represent the seller, and another intra-company agent, who would represent the buyer.

There definitely could be conflicts in trying to buy one's own listing.

 

Jun 11, 2012 07:27 AM
James A. Browning
Browning Real Estate School/REO Institute - International, IT
MRE REOCertified(R) SSCertified

Thanks for the connection! Please join our group on LinkedIn, ‘REO Institute’. We share information on market conditions, posts, ideas, and comments. Please share your opinions and comments on the Real Estate industry. Thanks, James A. Browning MRE

Jul 10, 2012 05:37 PM
Anonymous
Jim

An "agent" is someone having authority to represent someone's interest. It is possible to represent one's own interest. A real estate agent represents the interests of a buyer and/or seller. If a person happens to be an agent while purchasing or selling his/her own real estate, is s/he not merely shortcutting the process? I believe in most (all?) states, a buyer or seller is permitted to represent themselves in a real estate transaction. If that buyer/seller happens to have real estate training and a license, that does not disqualify them from such practice. That the agent can "earn" a commission by doing so is simply a perk of having a license, some would argue.

May 11, 2017 06:30 PM
#8
Ron Trzcinski, 410-935-5844
410-935-5844 Office - Cockeysville, MD

An agent is someone having authority to represent someone else's interest.  There would be no need to call them agents if they represented themselves.

May 13, 2017 11:55 AM
Back to Top

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?