Real Estate 101

What a Real Estate Agent Actually Does — and When You Need One

What a Real Estate Agent Actually Does — and When You Need One

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Learn what buyer's and seller's agents do, how they're paid, and when working with one makes sense for a first-timer.

Key Takeaways

  • Buyer's agents and seller's agents have different jobs, even though both earn a commission.
  • Commission is typically built into the sale price and paid at closing, not upfront by the buyer.
  • A buyer's agent provides market data, handles negotiations, and coordinates the closing process.
  • First-time buyers especially benefit from an agent's local knowledge and transaction experience.
  • You are not legally required to use an agent, but skipping one carries real risks in complex transactions.

The Two Roles: Buyer's Agent vs. Seller's Agent

Real estate agents generally operate in one of two roles — and understanding the difference matters before you hire one.

A seller's agent (also called a listing agent) represents the person selling the home. Their job is to price the property competitively, market it effectively, attract qualified buyers, and negotiate the best possible terms for the seller. Their loyalty is to the seller — not to you, if you're buying.

A buyer's agent represents you, the purchaser. They help you search for homes that match your criteria, interpret what you're seeing, and make sense of local pricing. Once you find a place you want, they negotiate on your behalf, help you understand inspection results, and walk you through closing paperwork. For a first-timer, that guidance can be the difference between a smooth deal and an expensive mistake — see what buyers commonly overlook during inspections for a sense of what's at stake.

Sometimes one agent represents both sides — called dual agency. It's legal in many states but comes with a conflict of interest worth understanding before you agree to it.

Dual Agency: A Conflict Worth Understanding

When one agent represents both the buyer and the seller in the same transaction, it's called dual agency. It's allowed in most states but requires written disclosure and consent from both parties. In a dual-agency situation, the agent cannot fully advocate for either side. If you're a first-time buyer, having your own dedicated agent generally gives you cleaner representation.

How Agents Are Paid

Most real estate agents earn a commission — a percentage of the home's sale price — paid at closing. Historically, the seller covered commissions for both their own agent and the buyer's agent, usually totaling 5–6% of the sale price split between them.

That model shifted following a 2024 legal settlement involving the National Association of Realtors. Buyers may now be asked to sign a buyer-representation agreement upfront that spells out what the agent earns and who pays it. How those costs get allocated is now more openly negotiated between parties.

The practical upshot: before you commit to working with any agent, ask them plainly how they get paid and have them walk you through the agreement you'd be signing. If terms feel unclear, that's a sign to ask more questions — or consult a real estate attorney.

~87%

Home buyers who used an agent at purchase

According to the National Association of Realtors' 2023 Profile of Home Buyers and Sellers, the vast majority of buyers still work with a real estate agent or broker.

5–6%

Typical combined commission as share of sale price

Historically the combined buyer's and seller's agent commission has hovered around 5–6% of the sale price, though this is now more openly negotiated following 2024 NAR rule changes.

What an Agent Actually Does Day to Day

Here's what a buyer's agent typically handles on your behalf:

  • Market research: They pull comparable recent sales (called 'comps') to help you understand whether a listing is priced fairly.
  • Scheduling and tours: They coordinate viewings, often spotting practical issues you'd miss on a first walk-through.
  • Making an offer: They help you decide on a price and terms, then draft and submit the offer documents.
  • Negotiation: If the seller counters or issues arise during inspection, your agent negotiates on your side.
  • Closing coordination: They communicate with the lender, title company, and seller's agent to keep the deal on track toward closing day.

Understanding this scope helps you see why how the property market works end to end is useful background before your first conversations with an agent.

Interview More Than One Agent

Before committing, speak with two or three agents and ask each how many transactions they've completed in your target neighborhood in the past year. Local experience matters more than general credentials. Ask specifically how they communicate — frequent updates by text, email, or calls — so you know what to expect once things get busy.

When Working with an Agent Makes the Most Sense

You're not legally required to use an agent. Some experienced buyers and sellers handle transactions without one. But for most first-timers, the case for a buyer's agent is strong:

  • You're unfamiliar with local pricing or market conditions.
  • You've never negotiated a real estate contract before.
  • You want someone to flag issues in a listing or during inspection before you commit.
  • The transaction involves unusual complexity — estate sales, short sales, or newly constructed homes all have quirks.

If you do decide to go without an agent, at minimum have a real estate attorney review any contract before you sign. It's also worth brushing up on terminology — our real estate glossary covers the key terms you'll encounter. And if you're still weighing whether buying makes sense for you at all, start with our guide to renting vs. buying.

This article is for general informational purposes only and is not legal or financial advice. Real estate laws and commission practices vary by state. Consult a licensed real estate professional or attorney for guidance specific to your situation.

Frequently Asked Questions

Traditionally, the seller paid both agents' commissions out of the sale proceeds. Following a 2024 NAR settlement, commission rules changed: buyers may now be asked to sign a buyer-representation agreement specifying what their agent earns. How this cost is ultimately handled varies by transaction, so ask your agent to explain the arrangement clearly before signing anything.
Yes — it's legal to buy without an agent, sometimes called buying 'unrepresented.' However, you'll be responsible for researching comparable sales, drafting or reviewing contracts, and navigating inspections and closing on your own. For a first-time buyer, that's a steep learning curve with real financial stakes.
A broker has completed more advanced licensing requirements than a standard agent and can legally operate an independent real estate firm. Most agents work under a broker's supervision. A broker can do everything an agent does, plus run their own office.
Every state maintains a public license lookup database through its real estate commission. Search your state's name plus 'real estate license verification' to find the official tool. Always verify before you sign a representation agreement.
For most first-timers, yes. A buyer's agent helps you interpret market data, spot red flags in listings, make competitive offers, and understand the contracts you're signing. The guidance is especially valuable when you haven't been through the process before.

Law & Real Estate Editorial Team

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Law & Real Estate Editorial Team is the collective byline for our editorial team and contributor network. Articles published under this byline or an editorial pen name are researched, written, and reviewed according to our editorial standards for clarity, consistency, and independence before publication.

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