Why Buyers Need an Agent Even More After the NAR Settlement
The NAR lawsuit settlement has changed the mechanics of buyer representation, but it hasn't changed the fundamental imbalance in most real estate transactions: the seller has a professional advocate, and the buyer often does not.
That imbalance matters more than ever.
The Seller's Agent Has One Job
When a seller hires a listing agent, that agent's fiduciary duty is clear: get the highest price, in the shortest time, with the fewest complications.
That means:
- Pricing the home to maximize offers
- Staging and marketing to create urgency
- Negotiating inspection requests to minimize seller concessions
- Managing appraisal and financing issues in the seller's favor
The listing agent is a professional doing this day in and day out. They know the contract inside and out. They know which inspection findings are negotiable and which aren't. They know how to position counteroffers to keep buyers emotionally invested.
If you're buying without representation, you're negotiating against that expertise with no one in your corner.
What a Buyer's Agent Actually Does
A buyer's agent has the opposite mandate: protect the buyer's interests, help them find the right home, and make sure they don't overpay or inherit someone else's problem.
That includes:
- Showing homes across the market—not just the ones where the agent has a listing
- Writing offers with the proper contingencies to protect the buyer
- Recommending the right inspector for the property (not the one who glosses over issues)
- Negotiating repairs, credits, or price reductions based on inspection findings
- Navigating appraisal gaps, title issues, and closing delays
- Connecting buyers with trusted lenders, attorneys, and contractors
If you're relocating from out of state, you don't know which neighborhoods flood, which school districts are strong, or which inspectors will actually find the foundation crack. Your buyer's agent does.
A Real Scenario: The Unrepresented Buyer
Imagine you're moving from across the country. You have two days in town to find a home. You tour 12 properties and fall in love with one.
Without a buyer's agent:
- You're drafting the offer alone (or relying on the seller's agent, who legally cannot advise you)
- You don't know if the price is fair relative to recent sales
- You don't know which contingencies to include
- You don't know which home inspector to call, or what red flags to watch for
- You don't have leverage in negotiating repairs after the inspection
With a buyer's agent:
- The offer is written to protect your interests, with proper contingencies
- You're advised on comparable sales and whether the price is competitive
- You're connected to a trusted inspector who will catch major issues
- Your agent negotiates inspection findings on your behalf
- You're guided through appraisal, title, and closing coordination by someone who does this every day
That's not a luxury. It's basic risk management on the largest financial decision most people ever make.
The Value Hasn't Changed—Just the Payment Structure
The NAR settlement means buyers now sign representation agreements upfront, and compensation may be negotiated case-by-case rather than advertised in the MLS. But the service a buyer's agent provides is exactly the same.
You're still getting:
- Market knowledge
- Contract expertise
- Negotiation skill
- Access to the MLS and off-market opportunities
- Relationships with inspectors, lenders, and service providers
- Someone whose job is to protect your interests, not the seller's
And in most cases, the seller will still cover the buyer-agent commission as part of the transaction—either because they offer it upfront, or because it's negotiated into the purchase agreement.
The bottom line: buyers who go unrepresented aren't saving money. They're taking on risk they don't have to take.
FAQ
Can the listing agent represent me as the buyer?
Legally, yes—but it creates a conflict. The listing agent's fiduciary duty is to the seller, not to you. Even in a dual-agency scenario, their primary obligation remains getting the seller the best outcome. It's not in your best interest.
What if the seller isn't offering to pay a buyer's agent?
You can still request it in your offer, ask for a seller credit to cover it, or pay your agent directly. The key is discussing these options upfront with your buyer's agent so there are no surprises.
How do I know if my buyer's agent is worth it?
Ask about their process: How do they evaluate properties? How do they structure offers? Which inspectors do they recommend and why? What happens if there's an appraisal gap? A strong agent will walk you through every step before you ever write an offer.
