I would not call a licensee a stakeholder...........but an agent. However, in a dif perspective, the agent becomes a stakeholder as he-she wishes to facilitate a closing in order to be paid. an agent is a fiduciary; a limited attorney. He-she represents his client [the seller or the buyer and if he is smart, he never, NEVER represents both even though the law permits it in a limited basis in what is called DUAL AGENCY.] an agent can negotiate; a dual cannot negotiate for a buyer.
Most real estate deals involve the payment of a deposit when the contract comes into existence. That deposit is held by a neutral third party, and paid out when the contract is finalised. The third party is called a stakeholder, and is often a real estate agent.
The real estate agent rarely owns the property being sold or rented. Their function is to bring a buyer and seller or renter and landlord together and help them make a solid transaction. In Texas it is legal for the agents broker to hold the earnest money in a special account- but that is rarely done because of all the complications and possible conflict of interests.
