29/12/2025
βWhen does a salesperson cross the line and illegally practice as a broker?β
This concern is valid, and the answer is found in RA 9646 (RESA Law) and its IRR, as well as PRBRES resolutions.
1οΈβ£ 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.
2οΈβ£ PRC accreditation β 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.
3οΈβ£ 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.
4οΈβ£ On commission sharing:
There is NO law that fixes a mandatory percentage to be shared with the broker.
π 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
β οΈ That is not professional practice β that is misrepresentation and unethical conduct.
5οΈβ£ Practicing βas if brokerβ 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.
π Bottom line:
If there is no trust, no accountability, and no respect for the brokerβsalesperson relationship, then yes β
π 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.
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β€οΈYour Helpmate In Finding Your Home!!β€οΈ
JILL VILLAREY VILLACARLOS, REB, RFC, REP, MMEP
Member 2025-REBAP CEBU CHAPTER
PRC Reg #0030413 - Feb9,2028
DHSUD # CVRFO-B-12/18-2654 until Dec 31, 2025
Contact number: 09274771543
email: [email protected]