Definition of "What is a general agent?"

When you hear someone referring to a real estate agent type as a “general agent”, it might seem that someone is calling that agent “basic”, common. Right? But the truth is that general agent is a term that can refer to two other different situations and classifications an agent finds himself into.

The first general agent definition basically deals with liability.

But to understand what is a general agent in the liability sphere, one must understand its counterpart: the special agent.

Here’s the thing: don’t real estate agent have a number of listing agreements they can celebrate with home sellers? An exclusive agency, exclusive rights to sell, open listing… Well,  those real estate agents also have to deal with two types of relationships with the principal broker she will go about things freely, with the principal broker having almost no authority to bind the real estate agent; that agent is referred to as a special agent. What does that mean in practical terms is that – should anything go sour – the real estate agent takes the blame and not the principal broker. The broker’s responsibility is limited to whatever it is in their contract that he or she is responsible for – like listing the home on the Multiple Listing Service (MLS), marketing the property etc. But, concerning the rest, the special agent is the one who replies to.

Which leads us to the question of what is a general agent in the realm of liability and misrepresentation with a client.

A general agent is the opposite of everything we’ve talked about so far. With a general agent, the broker is always responsible for anything that happens. It’s very much like the general agent is sponsored by the broker and works on his behalf: the person with not only the fiduciary responsibility but all responsibilities in connection with the client is the principal broker and not the agent.

Alright, now let’s answerwhat is a general agent under another lens.

One referring to a general agent might also be commenting on the area of work and power of attorney of that real estate agent concerning his client. To this classification of general agent, its counterpart is the universal agent, a “unicorn” who has the rare power of attorney to act on behalf of the client with full power on just about every aspect of the game. He can sign legal documents, purchase and sell land for them.

Meanwhile, the general agent is the most common type, a real estate agent that has limitations to the areas where he has freedom. The general agent must have written or clear verbal confirmation of the home seller (or home buyer) to do things like make or accept an offer on a house etc.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Questions

Popular Real Estate Glossary Terms

The most common definition of economies of scale refers to the decrease in production costs of a single item due to a business enterprise’s expansion. In short, mass production can ...

Also called a rollover mortgage. Provides a borrower with a fixed-rate mortgage that expires at a preestablished time, such as in four years. This permits the lender and borrower to ...

A business in which one or more person, with unlimited liability, called general partners, manage the partnership. There are also limited partners who contribute capital, but do not manage ...

One who agrees to pay the debts of another in the event that the debtor does not pay. The creditor can demand payment from the surety as soon as the debt becomes due. Although a surety ...

An agreement occurring from actions of those impacted, but not communicated in writing or orally. For example, it is presumed that a real estate agent will perform his or her obligations ...

Economic policies designed to reduce the fluctuation in the business cycle. An example is Federal reserve monetary policies. An attempt by an underwriter to prevent a market price of a ...

Individual making the payments in a mortgage or pledging a mortgage or property. ...

An adversary hearing allows both parties to an issue to present their views. A public procedure performed by an administrative or legislative body to investigate certain matters and ...

Process of conferring and consulting with clients concerning real estate investments and developmental projects. See also American Society of Real Estate Counselors (ASREC). ...