Agency & Representation

Buyer's Agent

A real estate licensee who represents the buyer's interests in a transaction, owing fiduciary duties to the buyer.

What Is Buyer's Agent?

A buyer's agent (also called a buyer's representative) is a real estate licensee who has established an agency relationship with a buyer, typically through a signed buyer representation agreement. The buyer's agent owes all fiduciary duties exclusively to the buyer — including loyalty, confidentiality, and the obligation to disclose information that might benefit the buyer in negotiations. The buyer's agent is typically compensated through a commission split from the seller's proceeds, though this practice is evolving following recent NAR settlement changes. The buyer's agent must disclose their representation to all parties in the transaction.

Buyer's Agent in Practice

Jennifer signs a buyer representation agreement with Agent Smith. Agent Smith must now keep Jennifer's maximum budget confidential and must disclose any material defects discovered about properties Jennifer is considering.

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How Buyer's Agent Appears on the Real Estate Exam

Common question types, tested concepts, and what to watch out for

Know that a buyer's agent owes fiduciary duties to the buyer, NOT the seller. A subagent (agent of the listing broker helping a buyer) owes duties to the seller — a common exam distinction.

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