The differences between a buyer's agent and a seller's agent

31 March 2023

Whether you're purchasing your first home or listing a property you've outgrown, the agent on the other side of the table matters. In this episode companion piece, we break down the key differences between a buyer's agent and a seller's agent, so you know exactly who represents whom in a real estate transaction.

What Is a Buyer's Agent?

A buyer's agent works exclusively on behalf of the person purchasing the home. Their loyalty, by law and by contract, is to you, the buyer. From the moment you sign a representation agreement, they are obligated to act in your best interest.

A good buyer's agent will help you:

Identify homes that match your budget, needs, and long-term goals
Schedule and accompany you on showings
Research comparable sales so you don't overpay
Draft and negotiate your offer, including contingencies for inspection and financing
Coordinate inspectors, lenders, and title companies through closing

In short, they are your advocate, strategist, and guide from house-hunting to handshake at the closing table.

What Is a Seller's Agent (Listing Agent)?

The seller's agent, often called the listing agent, represents the homeowner who is selling. Their primary responsibility is to help the seller achieve the best possible price and terms in a reasonable timeframe.

Typical duties include:

Pricing the home using a comparative market analysis
Marketing the property through photos, listings, and open houses
Screening and vetting potential buyers
Negotiating offers and counteroffers on the seller's behalf
Managing disclosures, paperwork, and deadlines through escrow

The Key Differences Between the Two Roles

While both agents are licensed professionals who must follow the same ethical standards, their loyalties point in opposite directions. Understanding this distinction can save you money and frustration.

Who They Owe Fiduciary Duty To

A buyer's agent owes fiduciary duty to the buyer; a seller's agent owes it to the seller. Fiduciary duty means they must put your interests ahead of their own commission, disclose material facts they know, and offer honest advice—even when it's not what you want to hear.

How They Get Paid

Traditionally, both agents earn a commission at closing, typically a percentage of the sale price, split between the two sides. The exact structure can vary by market and by agreement, so it's wise to ask upfront how compensation works and whether any fees are negotiable.

What Information They Share

A seller's agent knows the seller's motivation, timeline, and bottom line—and generally won't reveal those details to you if you're the buyer. Conversely, a buyer's agent knows how much you're approved for and how eager you are, and shouldn't disclose that to the listing side. This information asymmetry is exactly why having your own representation matters.

What About Dual Agency?

In some transactions, one agent represents both the buyer and the seller. This arrangement, known as dual agency, is permitted in many states but restricted or prohibited in others. While it can streamline communication, critics argue it's difficult to serve two clients with opposing interests equally well. If dual agency arises in your transaction, ask plenty of questions and consider whether independent representation would serve you better.

Choosing the Right Agent for Your Situation

The best agent for you depends on which side of the deal you're on. Before signing anything:

Interview at least two or three candidates and ask about their experience in your neighborhood or price range.
Ask whether they primarily represent buyers or sellers, and how that shapes their approach.
Review the representation agreement carefully, including the duration and any exclusivity clauses.
Check references or recent client reviews.

At the end of the day, both the buyer's agent and the seller's agent exist to guide their client through one of life's biggest financial decisions. Knowing the difference puts you in control—listen to this week's episode for our full conversation with working agents on both sides of the table.