It is common for various figures and roles played by professionals in the sector to be presented. These roles can often be misunderstood or interpreted differently depending on the context, especially when it comes to the relationship between a real estate agent and their supervising broker.

Differentiating Roles and Responsibilities

We can consider two possible ways to characterize a real estate agent:

• 1. As an independent contractor of the real estate company.
• 2. As a supervising broker agent.

Although in tax terms there may be a difference between being considered an independent contractor or an employee, there is one fact that prevails in any circumstance: a real estate agent is always a supervising broker agent.

Understanding the True Nature of the Relationship

According to the Civil Code (CC 2079.13 (b)), the real estate agent always acts as an agent for the broker. This means that, regardless of how it is categorized for tax purposes, the agent operates under the supervision and authority of the broker.

This agency relationship is special and not general. In other words, the agent is empowered only to perform certain functions specifically designated by the broker. This clarity in roles and responsibilities ensures the integrity and professionalism of real estate transactions.

Conclusion

It is essential to understand the true nature of relationships within the sector to ensure that operations are carried out transparently and ethically. Let us always remember that, beyond tax considerations, a real estate agent has a primary duty towards his supervising broker. This relationship of trust is the foundation on which a strong and reliable real estate sector is built.