There are two agents at almost every home purchase. One is on your side. One is not. Knowing the difference is one of the most important things a buyer can understand before making an offer.
The Buyer's Agent
Your buyer's agent is your representative in the transaction. Their job is to protect your interests — finding properties that match your criteria, advising on offer price and strategy, negotiating terms, and guiding you through inspections, contingencies, and closing. Before touring homes with them, you'll sign a written buyer agreement that states how much they're paid. The seller may agree to cover some or all of it, but you could owe it, so negotiate it up front.
The Listing Agent (Seller's Agent)
The listing agent represents the seller. They are legally and ethically obligated to work toward the seller's best outcome — the highest price, the best terms, the fewest contingencies. They are not your friend in the negotiation, even if they are pleasant to deal with.
Never tell the listing agent your top budget, how much you love the home, or how motivated you are to close quickly. That information goes directly to the seller. Always route communication through your own agent.
Dual Agency — When One Agent Represents Both Sides
In some states, a single agent can legally represent both the buyer and the seller in the same transaction. This is called dual agency. The agent is supposed to remain neutral — but in practice, representing both parties simultaneously creates an inherent conflict of interest. If you find yourself in a dual agency situation, understand that you may have limited negotiating leverage and limited ability to get candid advice. In some states, dual agency is illegal. In states where it is permitted, it must be disclosed.
What to Expect From Your Agent
- Fiduciary duty: Your agent must act in your best interest, disclose material facts, maintain confidentiality, and follow your lawful instructions.
- Market knowledge: Comparable sales, neighborhood trends, days on market — they should know this cold.
- Offer strategy: Not just writing the offer, but knowing when to go in at list price, when to go below, and when to walk away.
- Contingency guidance: Inspection contingencies, financing contingencies, appraisal contingencies — these protect you. Your agent should explain each one and never pressure you to waive them blindly.
Agent licensing requirements and dual agency rules vary by state. Verify your agent's license status through your state's real estate commission website.