Raise this with your agent
- Agents can represent the buyer, the seller or sometimes both.
- State law can require agents to disclose whom they represent.
- Ask how your agent handles homes their own brokerage is selling.
Every home sale has two sides, and each side usually has its own agent. The listing agent works for the seller: pricing the home, marketing it and negotiating the best deal for the seller. The buyer’s agent, or buyer’s broker, works for you. The roles sound obvious until you are standing in an open house, the listing agent is friendly and helpful, and you start to wonder whether you need anyone else.
Side by side
| Listing agent | Buyer’s agent | |
|---|---|---|
| Works for | The seller | The buyer |
| Main goal | Highest price and best terms for the seller | Right home at the best price and terms for you |
| Agreement | Listing agreement with the seller | Written buyer agreement with you |
| What they share | What helps sell the home | What helps you decide and negotiate |
| Pay | Set in the listing agreement | Set in your buyer agreement; can be paid by you or requested from the seller |
Why it matters in negotiation
Negotiation runs on information. Your top price, how soon you need to move and how much you love the house are all valuable to the other side. A listing agent who learns them is expected to use them for the seller. That is not dishonesty; it is the job. Your own agent’s job is to keep that information on your side and to tell you what the seller’s position seems to be.
When one agent or brokerage is on both sides
The Consumer Financial Protection Bureau notes that real estate agents can represent the buyer or the seller, and sometimes both. State laws differ on whether and how this is allowed and what must be disclosed. Even where it is legal, one person cannot push for both the highest and the lowest price at once. In some arrangements the agent becomes more of a neutral facilitator than an advocate.
A related situation comes up more often: you like a home that another agent at your agent’s brokerage is selling. Ask about this before you sign anything. How does the brokerage handle it? Will your agent remain fully on your side? What changes in the paperwork?
Tip: Ask the question directly at the first meeting: whom do you represent, and what happens if I want one of your brokerage’s listings? A clear, unhesitating answer is a good sign.
Calling the number on the sign
It is natural to call the agent named on a yard sign or an online listing. Just remember that this agent represents the seller. If you want a tour with them, they may ask you to sign a written agreement first, which since August 17, 2024 is required before touring a home with an agent who uses a Multiple Listing Service. Read what you are signing: you may be agreeing to work with the seller’s agent, which is a different relationship from having your own representation.
Can you buy without a buyer’s agent?
Yes. Some buyers, especially experienced ones, negotiate directly or use a real estate attorney for the contract. The trade-off is that you take on the research, pricing, negotiation, deadlines and coordination yourself. For a first purchase, or in a fast market, most buyers find their own representation worth it.
What your agent should do that a listing agent will not
- Point out a home’s weaknesses and how they affect value.
- Help you decide a price based on recent comparable sales, not the asking price.
- Advise on contingencies that protect you, such as financing and inspection.
- Keep your budget and motivation confidential.
- Push back on repairs, credits and deadlines on your behalf.
Those are the things that pay for representation. If an agent you are considering cannot explain how they do them, keep looking. See How to Choose a Buyer’s Agent You Can Trust.
New construction and builder sales agents
In new developments, the friendly person in the model home usually works for the builder. Their job is to sell the builder’s homes on the builder’s terms, much like a listing agent. Before you visit, check whether the builder allows buyers to bring their own agent and whether you need to register that agent on your first visit. Your own agent can help you compare upgrades, lot premiums and incentives across builders, review the builder’s contract, and push for an independent inspection even on a brand-new home. Ask the builder in writing under what conditions any deposit is refundable.
Questions to settle before your first tour
- Is this agent representing me, the seller or both?
- Has the agent disclosed that relationship in writing, as my state requires?
- What does the written agreement say about pay and its length?
- If I find a home on my own, does the agreement still apply?
Clear answers now prevent awkward surprises later. For the agreement itself, read Buyer Agreements and Agent Pay Explained.