Buyers

Buyer's agent vs. listing agent: what each one actually does

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If you're buying your first home, one of the genuinely confusing things about real estate is that the word "agent" can mean two completely different jobs — and those two jobs sit on opposite sides of the table from each other. A buyer's agent and a listing agent are not the same role with a different label. They have different clients, different loyalties, and, especially since the rules changed, a different conversation about how they get paid. Here's the plain-English version I give my own first-time clients.

Two agents, two jobs

Picture a single home sale. On one side is the person selling the house; on the other is the person buying it. Their interests genuinely conflict — the seller wants the highest price and the cleanest terms, the buyer wants a fair price and the most protection. Each side gets its own professional. The seller's professional is the listing agent. The buyer's professional is the buyer's agent. Same transaction, opposite corners.

Why this matters so much for a first-time buyer: the friendly, knowledgeable agent showing you a house at an open house almost always works for the seller. They aren't being deceptive — they're doing their job well — but their job is to get their client, the seller, the best outcome. They are not your advisor. Understanding that one fact changes how you walk through every single showing, whether it's a townhome in Farragut or a fixer two streets over.

What a listing agent actually does

A listing agent is hired by a homeowner to sell their house. The work starts well before the sign goes in the yard: helping the seller prepare and price the home, advising on what to fix and what to leave, arranging photography, writing the listing, and putting it in front of buyers. Once offers come in, the listing agent advises the seller on which to take and negotiates the terms — price, closing date, repair requests, contingencies — to the seller's advantage.

Their fiduciary duty — the loyalty, confidentiality, and honest dealing they owe — runs to the seller. If you mention to a listing agent at an open house that you love the place and you'd happily pay more than they're asking, that is information they can use for their client. It isn't a trap. It's just whose side they're on.

What a buyer's agent actually does

A buyer's agent is hired by you, the buyer, and the loyalty runs the other direction. A good one helps you get clear on what you can comfortably afford and what you actually need, pulls homes that genuinely fit, and tours them with you with an eye on condition, value, and resale — not just curb appeal. When you find the one, they write the offer, advise you on price and terms, manage the inspection and appraisal process, and negotiate repairs and credits on your behalf.

They are the person reading the contract with your interests in mind. If you haven't yet worked out what "comfortably afford" means for you, that's worth doing first — I walk through it in the four numbers every first-time buyer should start with. A buyer's agent builds the rest of the search on top of those numbers.

A fountain pen resting on a small neat stack of crisp white documents on a warm walnut table, beside a set of brass house keys on a leather keyring, a white ceramic coffee cup in soft focus, and a small glass vase of fresh greenery.

The paperwork in a home purchase is dense, and most of it is written to protect the transaction — not, specifically, you. That's the part a buyer's agent reads on your behalf.

The rule that protects you — they can't both be "yours"

Here is the single most important thing to understand: one agent cannot fully represent both sides at once. A person cannot argue for the lowest possible price and the highest possible price in the same deal. Each agent owes their loyalty, their honesty, and their confidentiality to their own client — and those duties point in opposite directions.

In Tennessee there are arrangements where one firm, or even one agent, is involved with both the buyer and the seller, but those situations come with specific written disclosures and consent, and they change what advice you're actually getting. If you're ever asked to share an agent with the other side of your deal, that's not automatically wrong — but it is a moment to slow down, ask exactly what changes about who is advising you, and get the answer in writing. For a first-time buyer, having your own dedicated advocate is the simplest, cleanest setup.

The friendly agent at the open house isn't your agent. Knowing that one fact changes how you walk through every showing.

— Hilary Kilgore
· · ·

How each agent gets paid — and what changed

For a long time, how the buyer's agent got paid was mostly an assumption baked quietly into the background of a deal. Most buyers never really saw it or thought about it. That changed. Following the 2024 changes that came out of the National Association of REALTORS settlement, the compensation for a buyer's agent is no longer posted in the MLS, and it is now an explicit, negotiated part of the transaction rather than something nobody discussed.

In plain terms: the money conversation happens openly and up front now. As a buyer, you will sign a buyer representation agreement — a written contract with your agent — before you start touring homes. That agreement spells out what your agent will do for you and how they will be paid. Separately, who actually covers the buyer's-agent fee is negotiated as part of the purchase itself: it can be paid by the seller, by the buyer, or split between them, depending on what is agreed in the deal. The listing agent's compensation is likewise a private agreement between the seller and their own agent.

Two things are worth saying clearly. First, none of these fees are fixed by law or set by any board — commissions are negotiable in every single transaction, and anyone who tells you there is a "standard rate" is mistaken. Second, the new transparency is genuinely good for buyers: a cost that used to be invisible is now something you can see, ask about, and negotiate before you commit to anything.

Hilary's note

I think the new rules get a bad rap. The buyer representation agreement isn't red tape — it's the first time the buyer's side of the money conversation happens out loud, in writing, before anyone is emotionally attached to a house. I would much rather have that conversation on day one than have it surface as a surprise at the closing table.

White ceramic coffee cups on a warm wood kitchen table by a sunlit window, with a small glass vase of fresh greenery and a folded sage-green linen napkin — a quiet across-the-table conversation.

The whole thing works better when the representation conversation happens early — at a kitchen table, before anyone has fallen in love with a house.

What this means when you're buying your first home

You don't need to memorize agency law to protect yourself. You need a small number of habits — and a willingness to ask plain questions out loud.

A first-time buyer's short list
  • Get your own buyer's agent — someone whose loyalty runs to you, not to the seller of whatever house you happen to walk into.
  • Read the buyer representation agreement before you sign it. Ask about the length, the area it covers, and the fee — all of it is negotiable.
  • Ask any agent directly what they charge, what is included, and how it is structured. Get the answer in writing.
  • At open houses and showings, remember the agent on duty usually works for the seller — be friendly, but keep your top number and your motivation to yourself.
  • If anyone proposes that one agent or one firm handle both sides of your deal, pause and ask exactly what changes about the advice you will get.
  • For the legal fine print of any contract, talk to a Tennessee real-estate attorney — that's their job, not your agent's.

Buying your first home in Farragut or anywhere around West Knoxville is a big step, and the representation question is one of the few parts of it that is entirely in your control from day one. If you would like to talk through how this works — what a buyer's agent would actually do for you, what the agreement says, and how the cost conversation goes — reach out. I'm always glad to walk a first-time buyer through it with no pressure and no obligation. The best version of this process starts with understanding it before you're standing in a house you already love.

Frequently Asked

Frequently asked about buyer's and listing agents.

  • What is the difference between a buyer's agent and a listing agent?

    They are two different jobs on opposite sides of the same transaction. A listing agent (also called a seller's agent) is hired by the seller to market the home, price it, handle showings, and negotiate the best terms for the seller. A buyer's agent is hired by the buyer to find the right homes, advise on value and condition, write the offer, and negotiate the best terms for the buyer. Each one has a fiduciary duty to the person who hired them — loyalty, honesty, and confidentiality run to their own client, not the other side. In a typical sale you have one of each, representing opposite interests.

  • Can one agent represent both the buyer and the seller?

    In Tennessee, an agent or firm can sometimes act as a designated agent or facilitator in a transaction involving both sides, but the rules around dual representation are specific and require written disclosure and consent. The practical issue is that a single person cannot fully advocate for two opposing interests at once — they cannot push hard for the lowest price and the highest price in the same deal. If you are ever asked to share an agent with the other side, ask exactly what changes about who is advising you, and get it in writing.

    Hilary Kilgore is a REALTOR®, not an attorney, and this is general background, not legal advice — a Tennessee real-estate attorney can explain how the rules apply to your specific situation.

  • Who pays the buyer's agent now that the commission rules have changed?

    Following the 2024 changes that came out of the National Association of REALTORS settlement, buyer-agent compensation is no longer advertised in the MLS, and how the buyer's agent is paid is now an explicit, negotiated part of the deal rather than an assumption. The buyer's agent fee can be paid by the seller, by the buyer, or split — and it is spelled out in the buyer representation agreement the buyer signs and, separately, negotiated within the purchase contract.

    The key change is transparency: the conversation about who pays now happens openly and up front. What any individual agent or firm charges is set between that agent and their client, not by law or by any board.

  • What is a buyer representation agreement, and do I have to sign one?

    A buyer representation agreement is a written contract between you and a real estate agent or firm that spells out the services the agent will provide, the length and scope of the relationship, and how the agent will be compensated. Since the 2024 rule changes, buyers generally need a written agreement in place before touring homes with an agent. That is actually a benefit for the buyer: it forces the money conversation to happen clearly and early instead of being a vague assumption. The terms — including the length, the geographic scope, and the fee — are negotiable, and you should read it carefully and ask questions before signing.

    For the legal specifics of any contract, talk to a Tennessee real-estate attorney.

  • Is the real estate commission a fixed or standard rate?

    No. Real estate commissions are not set by law, by any government body, or by any REALTOR association, and there is no standard or required rate. Compensation is negotiable in every transaction and is agreed between an agent or firm and their client. Anyone who tells you a commission is fixed or standard is mistaken.

    Because what an agent charges varies, the right move as a buyer or seller is to ask each agent directly what they charge, what is included, and how it is structured — and to get the answer in writing before you commit.

Let's Talk

Buying your first home? Let's talk through it.

If you have questions about how representation works — whether you need your own agent, what the buyer representation agreement actually says, or how the cost conversation goes — I'm glad to walk you through it. No charge, no obligation, no pressure. The best version of this process starts with understanding it before you're standing in a house you love.

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