Key Takeaways

  • Illinois recognizes seller agency, buyer agency, disclosed dual agency, and designated agency
  • Agency disclosure is required at the first substantive contact with a consumer
  • Designated agency allows two licensees from the same brokerage to represent buyer and seller separately
  • Disclosed dual agency requires written informed consent from both parties
  • Ministerial acts can be performed without creating agency relationship
Last updated: January 2026

Agency Relationships in Illinois

Understanding Illinois agency law is essential for the state exam.

Important: This section covers Illinois-specific content only. For national agency concepts, see our Real Estate Salesperson exam prep.

Types of Agency Relationships

Seller's Agent (Listing Agent)

DutyDescription
Fiduciary toSeller only
LoyaltyPut seller's interests first
DisclosureMaterial facts to seller
ConfidentialityProtect seller's information
ObedienceFollow lawful instructions

Buyer's Agent

DutyDescription
Fiduciary toBuyer only
LoyaltyPut buyer's interests first
DisclosureMaterial facts to buyer
ConfidentialityProtect buyer's information
NegotiationAdvocate for buyer

Disclosed Dual Agency

RequirementDetails
Both parties consentWritten informed consent
LimitationsCannot advocate for either
ConfidentialityCannot share secrets
NeutralityMust treat both fairly

Designated Agency

Illinois alternative to dual agency:

FeatureDescription
Same brokerageTwo transactions in one firm
Separate agentsOne for buyer, one for seller
Full advocacyEach agent advocates fully
No dual agencyNot dual for individual agents

Agency Disclosure Requirements

When to Disclose

TimingRequirement
First substantive contactMust provide disclosure
Before showingBuyer must know
Before listingSeller must know

What is "Substantive Contact"?

SubstantiveNot Substantive
Discussing specific propertyProviding general market info
Showing propertyGiving directions
Discussing price/termsAnswering basic questions
Taking listingWebsite inquiries

Disclosure Form

RequirementDetails
Written formStandard disclosure
SignatureConsumer acknowledgment
CopyProvide to consumer
RetainKeep in file

Ministerial Acts

Actions that do NOT create agency:

Ministerial ActDescription
Providing informationGeneral market data
Showing propertyWithout advice
Writing offerAt buyer's direction
Conveying offersWithout recommendation
SchedulingAppointments, inspections

Note: Ministerial acts can be performed for any party without creating agency.

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Illinois Agency Types
Test Your Knowledge

What is designated agency in Illinois?

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Test Your Knowledge

When must agency disclosure be provided in Illinois?

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