19/12/2025
“When does a salesperson cross the line and illegally practice as a broker?”
This concern is valid, and the answer is found in RA 9646 (RESA Law) and its IRR, as well as PRBRES resolutions.
1️⃣ Salespersons are NOT independent practitioners.
Under RA 9646, a real estate salesperson can only practice under the direct supervision and responsibility of a licensed real estate broker. They are not allowed to act as brokers, market independently, or present themselves as such.
2️⃣ PRC accreditation ≠ independence.
PRC registration only recognizes them as a salesperson, not as a broker. Their authority to sell comes from broker affiliation, not from having their own BIR OR.
3️⃣ DHSUD accreditation is also tied to broker affiliation.
DHSUD accreditation for salespersons is issued under a broker, reinforcing that they are not stand-alone professionals.
4️⃣ On commission sharing:
There is NO law that fixes a mandatory percentage to be shared with the broker.
👉 Commission sharing is contractual, not statutory.
However, brokers are legally entitled to compensation because:
They carry professional liability
They are accountable to PRC, DHSUD, clients, and courts
They provide supervision, compliance, and cover
If a salesperson:
Uses broker accreditation
Uses broker name
Uses broker license for transactions
But refuses accountability, reporting, or sharing
⚠️ That is not professional practice — that is misrepresentation and unethical conduct.
5️⃣ Practicing “as if broker” is a violation.
A salesperson who:
Negotiates independently
Signs as broker
Collects commissions directly from clients without broker consent may be liable for illegal practice and administrative sanctions under PRBRES.
🔚 Bottom line:
If there is no trust, no accountability, and no respect for the broker–salesperson relationship, then yes —
👉 Not carrying agents is a valid business decision.
Peace of mind is also a form of professional value.
The law is clear:
Salespersons assist. Brokers practice.
