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Types of Client Representation in Real Estate Transactions

Agency, subagency, and other roles you might assume

another name for agency representation

Agency and Buyer Agency

Dual agency, designated agency, roles without fiduciary responsibility, dealing with agency conflicts of interest, frequently asked questions (faqs).

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Most states require some form of disclosure to the client or prospective client as to how you will be representing them in their real estate transaction. Your duties and obligations to the client will vary significantly based on the type of representation to which you've contractually agreed. Learn more about what these various duties are.

Key Takeaways

  • Agency is a top-level form of representation in which the agent is bound to fiduciary duties like confidentiality and full disclosure.
  • Buyer agency requires the buyer agent to exercise fiduciary duty on behalf of the buyer.
  • Dual agency and designated agency are viewed as precarious agencies because it's virtually impossible to exercise fiduciary duties.
  • Generally speaking, choosing the honest and transparent move when conflicts of interest arise is the best way to go.

"Real estate agent" is a generic term referring to our occupation, but does not always define an agent's position and duties in a transaction. "Agency," the highest level of representation—it requires certain fiduciary duties, including client confidentiality and full disclosure. The confidentiality requirement continues after the transaction is completed. You are working in the client's best interests, meaning trying to get the most money for your seller's listing or the lowest price for your buyer.

In most states, if you have not specifically agreed to an agency relationship with your client, you are not their agent with respect to fiduciary requirements. You would still be required to treat all parties fairly and honestly, but would not necessarily owe confidentiality or full disclosure to your customer. This status has become more widely utilized with the expansion of buyer agency, representing buyers as their agent.

Dual agency—representing the buyer and seller—is a tricky designation that's used in most states. Why? It's virtually impossible to provide confidentiality and full disclosure to two clients at the same time. It requires careful disclosure to both clients that your ability to represent them aggressively has changed. It is considered by many to be a risky practice, with possible conflicts of interest.

In some states—Florida, for example—dual agency is banned.

Subagency describes an agent who brings a buyer for another company's listing. The subagent is working on behalf of the seller, owing them fiduciary duties. It's rare now because it's bad for buyers and makes brokers and sellers vicariously liable for the actions or errors of the buyer's representative.

Designated agency allows a brokerage to offer an alternative to a dual agency. Basically, in designated agency, the broker assigns one agent to be the agent of the seller, and another agent to represent the buyer. They both retain agency status with the required fiduciary obligations. It necessitates certain procedures to keep the respective clients' information separated in-house, with access limited to the appropriate agent.

Designated agency is viewed by some experts as being no different than dual agency, in that it's virtually impossible for buying and selling agents from the same broker to act in the best interest of the buyer and seller.

Under various names, "transaction brokerage," "facilitator," and "non-agency" are all roles without agency fiduciary duties. They are fair to all concerned but facilitate without agency. However, in some cases, unethical agents may take advantage of their lack of fiduciary duty.

Study the law in your state as it regards real estate representation. Then study the options that your broker chooses to offer their customers. All brokers do not have to offer all types of representation. The remedies to the client for breach of fiduciary duties can be painful for the agent and broker.

Buyer agency, the practice of providing top-level agency representation and fiduciary duties to buyers, has become quite popular in most areas. Now you can have a written agency agreement with a buyer that promises them all the fiduciary obligations of the agency and your very best efforts on their behalf.

But that can cause issues when you're writing a purchase contract for a buyer on your or your company's listing where you've also signed an agency representation agreement. Now your company is an agent for both the principals in the transaction. Obviously, that's a problem, as you can no longer fulfill the requirements to keep all their information private and to disclose all you know at the same time.

An example would be a seller(s) divorce situation. If you're their agent, you will not disclose that, but if you were the buyer's agent and had no relationship with the seller, you would give this information to your buyers to possibly help them make a better deal. If you're a dual agent, you cannot do either. So you have to let both parties know that your new status has changed your ability to serve them.

From a purely customer-focused and ethical perspective, no matter what your role or representation status, be honest, fair and transparent in your dealings.

What is the difference between subagency and dual agency?

Subagents typically work for the seller's agent by finding buyers for a listing. Their fiduciary duty lies with the seller. Dual agents, on the other hand, work on behalf of the buyer and seller at the same time and have a fiduciary duty to both.

What is agent representation?

Typically, buyers and sellers in a real estate transaction have agent representation. The buyer works with a buyer's agent and the seller works with a seller's agent. An agent may represent both the buyer and seller, although this practice is outlawed in multiple states.

Feldman & Feldman. " Breach of Fiduciary Duty in Real Estate Transactions ."

Adam Law Group. " A Quick Guide to Florida Agency Law ."

CA Realty Training. " What Is Dual Agency in Real Estate? "

Florida Legislature Online Sunshine. " 475.278 Authorized Brokerage Relationships; Presumption of Transaction Brokerage; Required Disclosures ."

Clever. " 5 Things to Know About Subagents in Real Estate ."

Maryland Realtors. " What Is a Subagent ."

Connected Risk Solutions. " How Vicarious Liability Functions in Real Estate ."

Consumer Advocates in American Real Estate. " Designated Agency—Is It Fraud? "

IFREC Real Estate Schools. " Florida Agency Law: Single Agent, No Agency, and Transaction Broker ."

Consumer Federation of America. " New Report Shows that Most Florida Real Estate Agents Work as Facilitators, Providing Their Customers No Loyal Representation and Overcharging Them for Their Services ."

PropertyClub. " What Is a Transaction Broker and When Should You Hire One? "

Castle Realty. " What Is Buyer's Agency? "

Real Estate Representation: What Are the Different Types, and What Do They Mean?

Real Estate Representation: What Are the Different Types, and What Do They Mean?

When you work with an agent in a real estate transaction, you’re either a client or a customer of that agent. There is a difference, and it’s important.

A client has a brokerage relationship with a Realtor®: The client has signed a contract and is legally represented by that Realtor® and the Realtor®’s brokerage. Every other person who’s party to that transaction is considered a customer of that Realtor®. The Realtor®’s primary fiduciary responsibility is to the client .

In real estate transactions, there are two main types of representation:

  • Seller representation:  If you are selling a property and enter a brokerage agreement with a Realtor®, that Realtor® and their firm become your representative during that specific transaction. They are legally obligated to represent you and your financial interests as a seller.
  • Buyer representation: If you are buying a property and enter a brokerage agreement with a Realtor®, that Realtor® and their firm become your representative during that specific transaction. They are legally obligated to represent you and your financial interests as a buyer.

Representation is straightforward if the buyer and seller agents are affiliated with different companies. However, when the agents on opposite sides of the transaction work for the same brokerage, representation and agency become more nuanced and complex.

These are the four most common types of agency and what they mean:

  • Seller agency: A Realtor® from Brokerage A represents the seller in a transaction. This Realtor® looks out for the best interest of the seller in the transaction, and owes the buyer honesty and any material facts about the listed property that are needed to make an educated decision.
  • Buyer agency: A Realtor® from Brokerage B represents the buyer in a transaction. This Realtor® looks out for the best interest of the buyer in the transaction, and owes the seller honesty and any material facts that are needed to make an educated decision.
  • Dual agency: One Realtor® from Brokerage A represents both the buyer and the seller in a transaction. This Realtor® represents the buyer and seller equally and owes confidentiality to both parties. Realtors® in a dual-agency relationship facilitate the entire transaction and may not provide full advice to either party due to confidentiality.
  • Designated agency: Real estate Brokerage A represents both the buyer and seller, with one Realtor® from Brokerage A representing the seller and a separate Realtor® from Brokerage A representing the buyer. The brokerage represents the buyer and seller equally, owes confidentiality to all parties and may do nothing to the detriment of either the buyer or the seller.

That’s a high-level overview of representation and agency. But it’s important to note that agency law varies from state to state, and not all agency types are covered in this article. To see what applies in your state, please consult a licensed local real estate broker in your market.

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What is another word for REPRESENTATION ?

Synonyms for representation ˌrɛp rɪ zɛnˈteɪ ʃən, -zən- rep·re·sen·ta·tion, this thesaurus page includes all potential synonyms, words with the same meaning and similar terms for the word representation ., english synonyms and antonyms rate these synonyms: 3.0 / 2 votes.

representation

A pattern is always, in modern use, that which is to be copied; a model may be either the thing to be copied or the copy that has been made from it; as, the models in the Patent Office. A pattern is commonly superficial; a model is usually in relief. A pattern must be closely followed in its minutest particulars by a faithful copyist; a model may allow a great degree of freedom. A sculptor may idealize his living model ; his workmen must exactly copy in marble or metal the model he has made in clay. Compare EXAMPLE; IDEA; IDEAL.

Synonyms: archetype , copy , design , example , facsimile , image , imitation , model , mold , original , pattern , prototype , standard , type

Princeton's WordNet Rate these synonyms: 0.0 / 0 votes

representation, mental representation, internal representation noun

a presentation to the mind in the form of an idea or image

Synonyms: theatrical , mental representation , representation , theatrical performance , agency , delegacy , histrionics , internal representation

representation noun

a creation that is a visual or tangible rendering of someone or something

Synonyms: internal representation , delegacy , theatrical , histrionics , theatrical performance , agency , mental representation

the act of representing; standing in for someone or some group and speaking with authority in their behalf

representation, delegacy, agency noun

the state of serving as an official and authorized delegate or agent

Synonyms: delegacy , government agency , histrionics , federal agency , theatrical performance , commission , deputation , way , mental representation , delegation , theatrical , agency , internal representation , bureau , office , means , representation , mission , authority

a body of legislators that serve in behalf of some constituency

"a Congressional vacancy occurred in the representation from California"

a factual statement made by one party in order to induce another party to enter into a contract

"the sales contract contains several representations by the vendor"

theatrical performance, theatrical, representation, histrionics noun

a performance of a play

a statement of facts and reasons made in appealing or protesting

"certain representations were made concerning police brutality"

the right of being represented by delegates who have a voice in some legislative body

an activity that stands as an equivalent of something or results in an equivalent

Matched Categories

  • Cooperation

Dictionary of English Synonymes Rate these synonyms: 0.0 / 0 votes

Synonyms: exhibition , delineation , show

Synonyms: personation , simulation

Synonyms: description , account , narration , relation , narrative

Synonyms: likeness , semblance , image , portraiture , model

Synonyms: acting for others , supplying another's place

Synonyms: body of delegates or deputies

PPDB, the paraphrase database Rate these paraphrases: 3.0 / 3 votes

List of paraphrases for "representation":

representativeness , portrayal , depiction , représentation , representational , representative , represented , imaged , representativity , representing , representations , rappresentanza , representatives , hospitality , represent , behalf , display , distribution , advocacy , presence

How to pronounce REPRESENTATION?

How to say representation in sign language, words popularity by usage frequency, how to use representation in a sentence.

Rich Clark :

A high turnout for us has been about 25 %, so we're not talking about a real representation of the Democratic party in Vermont, it'll be the most engaged( voters deciding the winner) and they'll tend to be on the progressive side.

Neil Collins :

You are more than a number, a like or a vote. You are a voice. You are part of an authentic collective that is heard, honored and amplified to artists, their representation, managers, investors and record label,

Eddie Nam -LRB- @ednam10 -RRB- :

Bing Chen, Bing Chen, really championed this movement, when Bing Chen presented the idea to The Nam brothers, Eric told me,' Time to put The Nam brothers money where The Nam brothers mouths are' as The Nam brothers often talk about the importance of representation.

Selahattin Demirtas :

A lack of representation in the legislature ... would create a crisis of legitimacy, it would weaken the belief that Turkey’s parliament represents all of Turkey.

Merav Michaeli :

There was a strong protest on behalf of ultra-Orthodox women who demanded from their own parties and said, 'We will not vote for you if you do not let us represent ourselves and give us our own representation,'.

Visual Synonyms of REPRESENTATION

Translations for representation, from our multilingual translation dictionary.

  • التمثيل Arabic
  • representació Catalan, Valencian
  • vyobrazení, představení, reprezentace Czech
  • Darstellung, Repräsentation German
  • παράσταση, αναπαράσταση Greek
  • representación Spanish
  • esitus Estonian
  • نمایش Persian
  • représentation French
  • representación Galician
  • प्रतिनिधित्व Hindi
  • ייצוג Hebrew
  • vertegenwoordiging, weergave Dutch
  • przedstawienie Polish
  • representação Portuguese
  • înfățișare, închipuire, reprezentare Romanian
  • பிரதிநிதித்துவம் Tamil
  • sự đại diện Vietnamese

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Are we missing a good synonym for REPRESENTATION ?

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  • represent verb
  • représentant
  • representante
  • representantes
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  • REPRESENTATION noun
  • representational adj
  • representational process noun
  • representations
  • representative noun
  • representative sample noun

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another name for agency representation

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  • representation

noun as in description

Strongest matches

depiction , image , portrayal

Strong matches

adumbration , copy , delegation , delineation , design , duplicate , enactment , exhibition , illustration , imitation , impersonation , impression , likeness , narration , personification , reproduction

noun as in likeness

image , portrayal

account , chart , delegation , diagram , effigy , embodiment , graph , icon , illustration , map , model , picture , protest , sample , sketch , statement , symbol

Discover More

Example sentences.

It was a metaphorical statement of giving and withdrawing consent for a show rooted in a literal representation of Coel being assaulted.

The mathematically manipulated results are passed on and augmented through the stages, finally producing an integrated representation of a face.

I hope this list—a representation of the most consequential changes taking places in our world—is similarly useful for you.

“Given the moment we are in, I can only hope our institutions really understand what this failure of representation means to our city,” he said.

The voters don’t want to have an elected city attorney on the, and representation said, that’s fine.

With all that said, representation of each of these respective communities has increased in the new Congress.

As this excellent piece in Mother Jones describes, however, Holsey had outrageously poor representation during his trial.

During that time days, Livvix went through court hearings without legal representation.

What do you think prompted the change in comic book representation of LGBTQ characters?

Barbie is an unrealistic, unhealthy, insulting representation of female appearance.

With less intelligent children traces of this tendency to take pictorial representation for reality may appear as late as four.

As observation widens and grows finer, the first bald representation becomes fuller and more life-like.

The child now aims at constructing a particular linear representation, that of a man, a horse, or what not.

He had heard it hinted that allowing the colonies representation in Parliament would be a simple plan for making taxes legal.

But sufficient can be discerned for the grasping of the idea, which seems to be a representation of the Nativity.

Related Words

Words related to representation are not direct synonyms, but are associated with the word representation . Browse related words to learn more about word associations.

noun as in coming into sight

  • actualization
  • introduction
  • manifestation
  • materialization
  • presentation

noun as in creation meant to communicate or appeal to senses or mind

  • abstraction
  • description
  • illustration
  • pictorialization
  • symbolization

noun as in personal interest

  • countenance
  • encouragement
  • furtherance
  • recommendation

noun as in funny drawing, often with dialogue or caption

  • comic strip

noun as in statement of disagreement, discontent

  • dissatisfaction
  • expostulation
  • fault-finding
  • protestation
  • remonstrance
  • remonstration

Viewing 5 / 84 related words

On this page you'll find 123 synonyms, antonyms, and words related to representation, such as: depiction, image, portrayal, adumbration, copy, and delegation.

From Roget's 21st Century Thesaurus, Third Edition Copyright © 2013 by the Philip Lief Group.

Synonyms of representation

  • as in depiction
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Thesaurus Definition of representation

Synonyms & Similar Words

  • illustration
  • resemblance
  • delineation
  • finger painting
  • hieroglyphic

Thesaurus Entries Near representation

representation

representational

Cite this Entry

“Representation.” Merriam-Webster.com Thesaurus , Merriam-Webster, https://www.merriam-webster.com/thesaurus/representation. Accessed 19 May. 2024.

More from Merriam-Webster on representation

Nglish: Translation of representation for Spanish Speakers

Britannica English: Translation of representation for Arabic Speakers

Britannica.com: Encyclopedia article about representation

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Synonyms for agency

  • organization
  • establishment
  • intervention
  • intercession
  • instrumentality

that by which something is accomplished or some end achieved

  • instrumentation
  • intermediary

a component of government that performs a given function

An administrative unit of government.

  • federal agency
  • government agency

Related Words

  • administrative body
  • administrative unit
  • executive agency
  • Food and Drug Administration
  • Center for Disease Control and Prevention
  • Counterterrorist Center
  • Nonproliferation Center
  • Bureau of the Census
  • Census Bureau
  • National Oceanic and Atmospheric Administration
  • National Climatic Data Center
  • National Weather Service
  • Technology Administration
  • National Institute of Standards and Technology
  • National Technical Information Service
  • Defense Advanced Research Projects Agency
  • Department of Defense Laboratory System
  • Department of Energy Intelligence
  • United States Public Health Service
  • National Institutes of Health
  • Bureau of Justice Assistance
  • Bureau of Justice Statistics
  • Immigration and Naturalization Service
  • United States Border Patrol
  • US Border Patrol
  • Bureau of Diplomatic Security
  • Foreign Service
  • Bureau of Intelligence and Research
  • United States Fish and Wildlife Service
  • US Fish and Wildlife Service
  • National Park Service
  • Financial Management Service
  • Office of Intelligence Support
  • Comptroller of the Currency
  • Bureau of Customs
  • Customs Bureau
  • Customs Service
  • Bureau of Engraving and Printing
  • Internal Revenue Service
  • Federal Aviation Agency
  • Transportation Security Administration
  • Government Accounting Office
  • United States Government Accounting Office
  • United States Navy
  • U. S. Coast Guard
  • United States Coast Guard
  • US Coast Guard
  • Naval Air Warfare Center Weapons Division
  • Naval Special Warfare
  • Naval Surface Warfare Center
  • Naval Underwater Warfare Center
  • Office of Naval Intelligence
  • Marine Corps Intelligence Activity
  • U. S. Air Force
  • United States Air Force
  • US Air Force
  • Air Force Intelligence Surveillance and Reconnaissance
  • Air Force ISR
  • independent agency
  • Advanced Research and Development Activity
  • Defense Logistics Agency
  • Defense Reutilization and Marketing Service
  • Defense Technical Information Center
  • law enforcement agency
  • Occupational Safety and Health Administration
  • Patent and Trademark Office Database
  • Patent Office
  • Government Printing Office
  • United States Government Printing Office
  • US Government Printing Office
  • National Guard Bureau
  • United States Army
  • Army Intelligence
  • Ballistic Missile Defense Organization
  • Defense Information Systems Agency
  • National Geospatial-Intelligence Agency
  • Casualty Care Research Center
  • Federal Housing Administration
  • local authority

a business that serves other businesses

  • business concern
  • business organisation
  • business organization
  • advertising agency
  • credit bureau
  • detective agency
  • employment agency
  • employment office
  • commercial agency
  • mercantile agency
  • news agency
  • news organisation
  • news organization
  • press agency
  • press association
  • wire service
  • service agency
  • service bureau
  • service firm
  • travel agency
  • transfer agent

the state of being in action or exerting power

  • Frankenstein

the state of serving as an official and authorized delegate or agent

  • representation
  • free agency
  • legal representation

how a result is obtained or an end is achieved

  • effectuation
  • implementation
  • stepping stone
  • desperate measure
  • open sesame
  • Agave tequilana
  • age bracket
  • age of consent
  • Age of Fishes
  • Age of Mammals
  • Age of Reason
  • Age of Reptiles
  • Agelaius phoeniceus
  • agelessness
  • agency security
  • agenda item
  • Agent Orange
  • agent provocateur
  • agent-in-place
  • agentive role
  • Ageratina altissima
  • Ageratum houstonianum
  • age-related
  • age-related macular degeneration
  • agglomerate
  • Agencies and Instrumentalities of Commerce
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Synonyms of 'representation' in American English

Synonyms of 'representation' in british english, additional synonyms.

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  • represent someone as something or someone
  • represent yourself as something or someone
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COMMENTS

  1. Agency Representation synonyms

    Agency Representation synonyms - 24 Words and Phrases for Agency Representation. commercial representation. commission representation. agent representation. appointment agency. attorney representation. authority agency. authority representation. brand representation.

  2. 30 Synonyms & Antonyms for AGENCY

    Find 30 different ways to say AGENCY, along with antonyms, related words, and example sentences at Thesaurus.com.

  3. What is another word for agency?

    One who speaks on behalf of an organization or another person. The authority to perform a task or certain duties. Participation in doing something. The capacity or potential for achieving results. A government-owned agency. A company that provides a service for a fee. A printed sheet published periodically. … more . .

  4. Full article: Representing Agency: An Introduction

    The introduction elucidates the inherent and conflictual relation of representation and agency by means of three early modern scenes from theology, law, and literature, and offers a brief overview of the individual contributions. Keywords: Representation. agency. Stellvertretung. advocacy.

  5. Types of Agency Representation

    TYPES OF AGENCY REPRESENTATION. SELLER'S AGENT A seller can engage the services of a real estate agent to sell his property (called the listing agent) and the real estate agent is then the agent for the seller who becomes the agent's client. This means that the real estate agent represents the seller.

  6. Agency Synonyms & Antonyms

    the state of being in action or exerting power. "the agency of providence"; "she has free agency". Synonyms: means, government agency, representation, federal agency, way, authority, office, delegacy, bureau. representation, delegacy, agency noun. the state of serving as an official and authorized delegate or agent.

  7. Types of Client Representation in Real Estate Transactions

    Agency and Buyer Agency "Real estate agent" is a generic term referring to our occupation, but does not always define an agent's position and duties in a transaction. "Agency," the highest level of representation—it requires certain fiduciary duties, including client confidentiality and full disclosure. The confidentiality requirement ...

  8. Agency representation Definition

    Examples of Agency representation in a sentence. Failure to disclose other Agency representation and agreement to the terms of this Non-Disclosure, Broker is hereby entitled to full broker fee from Seller, regardless of whether Buyer is a licensed Real Estate agent/broker, or later chooses to be represented by another agent.. Section 2 of Article VI regarding Officers states, in part: "A ...

  9. Real Estate Representation: What Are the Different Types, and What Do

    This Realtor® looks out for the best interest of the buyer in the transaction, and owes the seller honesty and any material facts that are needed to make an educated decision. Dual agency: One ...

  10. REPRESENTATION Synonyms & Antonyms

    Find all the synonyms and alternative words for REPRESENTATION at Synonyms.com, the largest free online thesaurus, antonyms, definitions and translations resource on the web. Login . The STANDS4 Network. ABBREVIATIONS; ... representation, delegacy, agency noun. the state of serving as an official and authorized delegate or agent.

  11. AGENCY Synonyms: 50 Similar Words

    Synonyms for AGENCY: department, bureau, office, service, desk, branch, division, arm, subdivision, subdepartment

  12. 40 Synonyms & Antonyms for REPRESENTATION

    Find 40 different ways to say REPRESENTATION, along with antonyms, related words, and example sentences at Thesaurus.com.

  13. REPRESENTATION Synonyms: 30 Similar Words

    Synonyms for REPRESENTATION: depiction, image, portrait, drawing, picture, illustration, photograph, view, resemblance, delineation

  14. Agency vs Representation

    Noun. ( agencies ) The capacity, condition, or state of acting or of exerting power; action or activity; operation. The superintendence and agency of Providence in the natural world. --Woodward. A person or thing through which power is exerted or an end is achieved: instrumentality, means. The office or function of an agent; also, the ...

  15. Agency synonyms, agency antonyms

    Synonyms for agency in Free Thesaurus. Antonyms for agency. 51 synonym for agency: business, company, office, firm, department, organization, enterprise ...

  16. AGENCY in Thesaurus: 1000+ Synonyms & Antonyms for AGENCY

    Most related words/phrases with sentence examples define Agency meaning and usage. Thesaurus for Agency Related terms for agency - synonyms, antonyms and sentences with agency

  17. Synonyms of REPRESENTATION

    Synonyms for REPRESENTATION: portrayal, account, depiction, description, illustration, image, likeness, model, picture, portrait, …

  18. The Laws on Agency, Representation & Mandate. Do you know ...

    The principal may, however, be estopped from denying the agent's authority. The principal may also ratify the agent's unauthorised acts. Article written by Cherine Hoffman. Director of CH ...

  19. Representation synonyms

    Synonyms for Representation (other words and phrases for Representation). Synonyms for Representation. 1 852 other terms for representation- words and phrases with similar meaning. Lists. synonyms. antonyms. definitions. ... agency. n. design. n. # conceit. effigy. n.