Legal Definitions - primary agent

A primary agent is a person who is authorized to act on behalf of another person or entity, known as the principal. The primary agent is directly authorized by the principal and can hire a subagent to perform all or part of the agency. The subagent owes fiduciary duties to the principal, and the principal is liable for the subagent's acts if the principal consents to the primary agent's employment of a subagent.

For example, a real estate agent is a primary agent who is authorized to act on behalf of a seller or buyer in the sale or lease of real property. The real estate agent can hire a subagent, such as a salesperson, to assist in the transaction. The salesperson owes fiduciary duties to the principal, and the principal is liable for the salesperson's acts if the principal consents to the real estate agent's employment of a salesperson.