What should a seller do to protect against vicarious liability of another licensee?

To mitigate the risk of vicarious liability concerning actions taken by another licensee, it is advisable for a seller to give listings to brokers' agents. By doing so, the seller establishes a direct, professional relationship with a licensed agent who is formally designated to represent their interests. This helps in creating a clear line of responsibility; any actions or decisions made by the broker’s agents are typically within the scope of the authority granted by the listing agreement. This reduces the seller's exposure to liability that could arise from the misdeeds or negligence of sub-agents or other licensees they may not have direct oversight or control over.

In contrast, sharing listings with sub-agents does not provide the same level of protection, as the seller may not have direct control over those agents' actions. Engaging in dual agency could potentially complicate matters further, as the agent would have to balance the interests of both the seller and the buyer, which may lead to conflicts and liability issues. Hiring a general agency would not directly relate to the transaction style employed in real estate listings and may not adequately address specific liabilities linked to the actions of various agents involved in the transaction. Thus, the most appropriate approach to safeguard oneself from vicarious liability is to utilize brokers