It is the buyer who states whether he intends to occupy the property as his primary residence or not in the purchase agreement and in his application for the loan. If he in fact does not occupy the property but instead immediatley rents it out, he is guilty of defrauding the lender, and the lender could call the loan requiring the borrower to obtain new financing or be foreclosed on. The agent would only know what his client told him he was going to do. The agent would not have any liability if he reasonably believed that the buyer would occupy the property. If the agent had known that the buyer would not, and especially if he advised the client to lie in order to get a slightly better rate, then he certainly would be liable to the lender, and could be sued by the client for damages.