These two roles get confused constantly, and the difference matters more than people realize.
Listing Agents Represent the Seller
A listing agent is hired by the seller to market the property, negotiate on the seller’s behalf, and get the best possible price and terms for them. Their fiduciary duty is to the seller, not to whoever walks through an open house.
Buyer’s Agents Represent the Buyer
A buyer’s agent has that same fiduciary duty, but to you as the buyer. They’re legally obligated to negotiate in your best interest, help you evaluate a property honestly, and flag concerns even if it means the deal doesn’t happen.
Dual Agency Is Legal but Worth Understanding
In some cases, the same agent or brokerage represents both the buyer and the seller in one transaction. This is legal in California with proper disclosure, but it inherently limits how hard either party’s interests can be advocated for, since the same person can’t fully negotiate against themselves. If you’re offered dual agency, it’s worth asking direct questions about how your specific interests will be protected.
Commission Structure Has Changed Recently
Following the 2024 NAR settlement, buyer-agent compensation is negotiated separately rather than automatically built into every listing the way it used to be. In California, AB 2992 now requires a signed buyer-broker agreement before or alongside an offer, which puts that compensation conversation on paper early. It’s worth having a direct conversation about how your buyer’s agent is compensated before you start working together, rather than assuming it’s handled the old way by default.
Why This Matters for You
If you’re buying, having your own agent means someone whose only job is protecting your interests in the negotiation, not splitting attention between both sides. It typically costs you nothing extra to have that representation, so there’s rarely a good reason to go without it.
If you’d like Efrat to represent you as a buyer’s agent on your next purchase, get in touch.
