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

After-tax cash flow is a calculation method for companies’ financial performance to show their ability to generate cash flow through their operations. The after-tax cash flow formula ...

A binding arbitration is a way to solve disputes without going to court. An alternative to the more expensive and lengthy legal procedures, a binding arbitration is basically the process ...

One to whom a gift or bequest is made. ...

Legal contract in which the lender controls the pledged property being financed. The agreement describes the property and its location. Of default occurs, the lender may sell the ...

In general terms, a licensee means a person or legal entity who has received authorization or permission to perform a particular activity through another party (the licensor in our case.) ...

Refinancing seems easy to understand but is it really? Here’s a lengthy refinancing definition so you can make up your mind once and for all regarding the exquisiteness of the ...

Under law, a warranty in effect even if not expressly stated. It provides that real property sold is warranted to be appropriate for sale and is in proper condition even if not stated, ...

A closed-end mortgage is a mortgage in which the collateralized property cannot be used as security for another loan. See also open-end mortgage for a better understanding of the ...

English architecture. This style has two levels with the second level typically overlaying the first story. The roof is high and the chimney is sculptured. ...