What is the key obligation of a sub-agent in a real estate transaction?

The key obligation of a sub-agent in a real estate transaction is to provide full disclosure to the seller. This duty is rooted in the principle of agency where the sub-agent, while representing the interests of the buyer, also has fiduciary responsibilities to the seller since the seller is the principal in the original agency relationship created by the listing agreement.

A sub-agent must disclose all pertinent information affecting the transaction to the seller, ensuring that the seller is fully informed about offers, potential buyers, and any issues with the property. This obligation helps maintain transparency and trust in the real estate process.

While maintaining confidentiality is important, the obligation to disclose relevant information to the seller takes precedence in a typical agency relationship. In this context, the interests of the buyer and the listing agent must be balanced, but the fundamental duty to disclose to the seller remains central to the sub-agent's role. Prioritizing the interests of the listing agent could lead to conflicts if it comes at the expense of obligations to the seller or buyer.