These agents usually represent different parties in the transaction
Because you'll need to know what to call each agent in a transaction, especially if you're selling or buying your first home, it's crucial to understand the distinctions between a selling agent and a listing agent.
Always remember that the listing agent also referred to as the "seller's agent," works on behalf of the seller. The selling agent also referred to as a "buyer's agent," works on behalf of the buyer. It's not difficult to tell the difference between the two, so having this knowledge can give you a little more assurance as you move through the procedure.
To be a more knowledgeable buyer or seller, learn more about the functions these agents perform in the real estate industry.
Key Takeaways
- A seller's agent, often known as a "listing agent," represents the seller and lists a property for sale.
- Their expertise may make the commission they receive for selling your house worthwhile.
- A selling agent represents the buyer and brings buyers to the table.
- Some listing brokers won't accept a direct offer from a buyer.
Seller's Agent vs. Selling Agent
Despite how similar they seem and how easy they might be misunderstood, a seller's agent and a selling agent don't represent the same parties.
Agents for sellers offer a property for sale, as the name suggests. They have the responsibility for appropriately marketing and selling the property. They are also the "listing agent" and work for the seller.
The buyer's agent is the selling agent. Undoubtedly, the terminology is unclear, but the "ing" distinguishes them from the seller's agent. They assemble purchasers at the table. They also sell a property in that regard.
Before a contract is signed, this agent is formally referred to as the "buyer's agent," Afterward, they are dubbed the "selling agent."
Do You Really Need an Agent?
You are free to sell your house on your own; a process is known as "for sale by owner" (FSBO), but the chances are good that you'd do better with an agent unless you have a talent for marketing and some expertise.
How about if you are the buyer? Some listing agencies will only accept offers from the buyers' representatives, not from the purchasers themselves. They worry that if they didn't, they would be obligated to uphold the buyer's interests as part of their fiduciary duties. When they're technically representing sellers, it can be challenging.
How a Listing Agent Is Compensated
The listing agent and the seller enter into an exclusive representation listing agreement that governs most transactions. However, in a few exceptional cases, a listing agent can accept a small flat fee to serve as a clerk and list a house for sale in MLS without acting as the seller's agent. A seller could also list with several real estate agents, but this is uncommon. The listing agent could also agree to an open listing with the seller.
When the listing agent and the seller have agreed to an exclusive right-to-sell listing, that is the most typical instance of seller representation. This indicates that only the listing agent, or the listed agent's agency, is eligible for a commission. The commission is then generally split between the brokerage and the agent.
Exclusive listings include a broker and a seller agreeing. The broker or brokerage is the legal owner of the listings. Listing agents like to think that the listing is theirs; however, if they aren't the broker, the listing is not theirs.
How a Selling Agent Is Compensated
In most cases, the listing broker works with a rival brokerage to represent the buyer. In compensation for introducing a buyer, the listing broker pays the selling brokerage a part of the earned commission if the buyer then makes an offer the seller accepts. A "co-op commission" is what is used to describe this.
When the Listing Agent Is Also the Selling Agent
Although the listing agent is not usually the selling agent, this does not preclude the agent from acting in a dual agency capacity and acting as both a listing and a selling agent. The selling agent may be affiliated with the listing agent's brokerage or a rival firm. Even though the listing and selling agents are strangers to one another, a sale is referred to as having a "dual agency" if the same brokerage employs both agents.
A listing agent may also operate as a selling agent, in which case the listing agent is either acting in a transactional capacity or practicing dual representation, a type of dual agency permitted in some states. In most cases, transaction agents must work impartially and cannot represent any side.
Buyers may have the false impression that they can phone the listing agent to schedule a showing and that this will somehow, directly or indirectly, result in a "deal" with the seller. Additionally, some dishonest agents in the market would be so excited about the possibility of earning a double commission that they would go to any lengths, including breaking their fiduciary duty to please the customer. But most people are moral and won't operate in that manner.
Frequently Asked Questions (FAQs)
What do duties fall under the purview of a listing agent?
During the selling process, a competent listing agent, also known as a seller's agent, acts as the seller's marketing specialist. They can support you with networking, market research, and advertising. They can also advise the seller on how to improve the appearance of their house. Consulting with a listing agent is a fantastic choice if this is your first time selling a home or if you want to receive the best price without the hassle of handling everything yourself.
What distinguishes a real estate agent from a buyer's agent?
A buyer's agent is a particular kind of real estate agent; however, they play a very different role than a listing/agent. They concentrate entirely on the requirements of the customer. They may set up showings, discover an appropriate property, and respond to potential buyers' queries. Sellers, It's possible that a buyer's agent will never sell houses.