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Who Represents You in a Real Estate Transaction?

When a homeowner decides to sell, they sign a listing agreement with a brokerage. That agreement commits not just the listing agent, but the entire brokerage, to act in the seller’s best interest throughout the transaction.

Home buyers deserve the same level of representation. One option is to work with an exclusive buyer brokerage—a firm that never represents sellers and works only for buyers. This eliminates conflicts of interest and ensures your agent’s loyalty is with you.

By contrast, if a buyer signs an agreement with a traditional listing brokerage that also represents sellers, they may be entering into dual agency. Dual agency is permitted in Virginia and Washington, D.C. In Maryland, a variation called designated agency is allowed.

• Dual agency means the same agent represents both buyer and seller in the same transaction.
• Designated agency means one agent in the brokerage works with the buyer, and another works with the seller—but both agents are still under the same brokerage, which has a signed commitment to the seller.

It’s important to note: buyers and sellers sign agreements with a brokerage, not with an individual real estate agent.

The Northern Virginia Association of Realtors’ Legal Blog explains some of the limits of dual agency:

• The agent cannot advise either party on the terms of offers or counteroffers (except that advice already given to the seller before representing the buyer).
• The agent cannot advise the buyer on the property’s suitability or condition beyond legally required disclosures.
• The agent cannot guide either party on repairs to request or make.
• The agent cannot advise either party in disputes that may arise during or after the transaction.
• The agent may not fully understand a client’s needs, experience, or goals unless that knowledge was gained prior to the dual agency arrangement.

To make this clearer, here’s the notice required at Open Houses in Maryland:

“This is to advise you that the agent who is conducting this Open House REPRESENTS THE SELLER(S) AND IS REQUIRED BY LAW TO PROMOTE THE INTERESTS OF THE SELLER(S). ANY INFORMATION YOU GIVE THIS AGENT IS NOT CONSIDERED CONFIDENTIAL under the Maryland Real Estate Brokers Act and could be disclosed to the seller of this property.”

As a buyer, you have the right to full, undivided representation.

Exclusive buyer brokerages never represent sellers, have no in-house listings to push, and avoid conflicts of interest—so their only priority is helping you purchase the right home on the best terms. Reach out to us with any questions.

How can we help?

The exclusive buyer agents at HomeBuyer Brokerage specialize in serving home buyers. Please reach out with questions at info@homebuyerbrokerage.com.