Agency & Representation

Buyer's Agent

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

Full Definition

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.

Real-World Example

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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