Buyers Agent or Real Estate Agent. Who Works for You

Most Australians meet a real estate agent at an open home and assume the agent is there to help them buy. The agent is professional, friendly and willing to answer questions. It feels like service.

The legal reality is different. The selling agent is engaged by the vendor and works for the vendor. A buyers agent is engaged by the buyer and works for the buyer. That single distinction shapes every conversation, negotiation and outcome that follows.

This article sets out the difference in plain English. Who each side represents, what each side is paid to do and when it makes sense to bring a buyers agent into the process.

Who Does Each Agent Actually Work For

A selling agent (also called a listing agent or sales agent) holds a written engagement with the vendor. The vendor is the client. The selling agent's legal duty is to act in the vendor's best interests, which in practice means achieving the highest possible sale price on terms the vendor accepts.

A buyers agent holds a written engagement with the buyer. The buyer is the client. The buyers agent's legal duty is to act in the buyer's best interests, which in practice means acquiring the right property on the best possible terms for that buyer.

Both roles are licensed under state real estate legislation. Both are bound by the same conduct rules. The difference is not the licence. The difference is who signed the engagement and who pays the fee.

A Quick Comparison

The table below shows the structural differences side by side.

Element	Selling Agent	Buyers Agent
Engaged by	The vendor	The buyer
Paid by	The vendor	The buyer
Legal duty	Act for the vendor	Act for the buyer
Goal	Maximum sale price	Right property on best terms
Access to listings	Their own listings only	All listings plus off-market deals
Negotiation role	Negotiates up	Negotiates down
Bidding at auction	Calls the auction or sells beforehand	Bids on behalf of the buyer
Typical engagement length	Until the property is settled	Until the buyer's property is settled

The structural pattern is mirror-image. Each side has their own representative. The conversations in between are negotiation, not service.

What Each Side Does Day to Day

A selling agent runs the sale campaign. That covers photography, copywriting, portal listings, open homes, buyer enquiry management, vendor reporting and the auction or private treaty negotiation. The selling agent's job is to attract the largest possible pool of qualified buyers and convert one of them into a contract at the best price for the vendor.

A buyers agent runs the search and acquisition. That covers brief intake, market scanning, off-market sourcing, property inspections, due diligence coordination, pricing assessment, negotiation or bidding and contract handover to the buyer's conveyancer. The buyers agent's job is to find the property that fits the brief and acquire it at the best possible price for the buyer.

The two roles overlap on inspection day and at the negotiation table. Everywhere else, the work is different.

When the Distinction Matters Most

The distinction matters most at three moments.

At the open home, when the agent asks how much you have approved with your bank and what other properties you are considering, the answers help the selling agent and hurt the buyer. A buyers agent attends the inspection on the buyer's behalf and runs a different conversation with the selling agent on the buyer's terms.

At the auction, the selling agent and the auctioneer work for the vendor. The auctioneer controls the rhythm of the bidding to extract the highest result. A buyers agent bids on the buyer's behalf and brings strategy to bid placement, pace and walk-away discipline. See Auction Bidding in Australia. How a Buyers Agent Adds Value on the Day for the full walkthrough.

At the negotiation table, the selling agent has full access to vendor motivation, settlement preferences and competing offers. The buyer typically has none. A buyers agent rebalances the table by gathering equivalent information for the buyer side.

The Common Misconceptions

Three misconceptions come up regularly when buyers consider engaging a buyers agent.

The first is that the buyer pays "both sides" if they engage a buyers agent. The buyer pays the buyers agent. The vendor pays the selling agent out of the sale proceeds. The two fees come from different parties.

The second is that a buyers agent will only help with off-market deals. Buyers agents handle both on-market and off-market property. Their job is to find the right property for the brief, wherever it sits. See Off-Market Property Explained for how the off-market channel actually works.

The third is that selling agents will not negotiate with buyers directly, so a buyers agent is unnecessary. Selling agents will negotiate with any buyer. The question is whether the buyer is matching the selling agent's experience and information advantage, or being out-negotiated by a professional doing this for the hundredth time this year.

When You Might Not Need a Buyers Agent

A buyers agent is not always the right call. If a buyer has bought multiple properties in the last few years, has time to inspect 30 to 50 properties personally, is comfortable bidding at auction and is buying in a market they already know well, the case for engaging a buyers agent weakens.

The case strengthens when any of the following apply. Buying interstate or in a market the buyer does not know. Time-poor and unable to inspect properties personally. Buying at auction for the first or second time. Targeting off-market deals. Buying a property type the buyer has not bought before, such as a development site, a strata block or a regional lifestyle holding.

The honest position is that a buyers agent adds the most value where the buyer has the least information or time. For an experienced repeat buyer in a familiar market, the value is narrower.

A Note on Fees and Language

Australian buyers agents charge a fee, not a commission. The fee is set in the engagement and paid by the buyer. Some buyers agents charge a fixed fee, others charge a percentage of the purchase price. See How Buyers Agent Fees Work in Australia and What You Should Expect to Pay for the full breakdown.

The selling agent's fee is paid by the vendor out of the sale proceeds. The buyer never pays the selling agent directly. The pricing the buyer sees has the selling agent's fee already factored into the vendor's reserve.

Frequently Asked Questions

Can the same agent act for both buyer and seller?

No. Acting for both parties in the same transaction is a conflict of interest and is prohibited under state real estate legislation. An agent represents one side of any given transaction.

Do buyers agents only work with investors?

No. Buyers agents work with first home buyers, owner-occupiers, upgraders, downsizers, investors, developers and overseas buyers. The brief shapes the work, not the buyer category.

What stops a selling agent from being honest with me as a buyer?

Nothing stops a selling agent from being polite, helpful and answering reasonable questions. What stops them is their legal duty. They cannot share information that would prejudice the vendor's position. Vendor motivation, lowest acceptable price and competing offer detail stay confidential.

Can a buyers agent guarantee I get the property?

No. A buyers agent improves the probability of a successful acquisition on good terms, but cannot guarantee any specific outcome. Property is competitive and price-led. An honest buyers agent will walk a buyer away from a property that does not fit the brief or the budget.

Is the buyers agent fee tax deductible?

For an investment property, the buyers agent fee is generally a capital cost added to the cost base for capital gains tax purposes. For an owner-occupied property, it is not deductible. Speak to a licensed accountant or tax adviser for advice tailored to your circumstances.

Related Resources

• What a Buyers Agent Does in Australia and How the Fees Work
• How Buyers Agent Fees Work in Australia and What You Should Expect to Pay
• A Step-by-Step Guide to Buying Your First Home in Australia

About AgentBridge

AgentBridge is an Australian property distribution business. AgentBridge connects vendors and developers to a national network of 80+ buyers agents across every state and territory. Every engagement includes simultaneous distribution to the network, a professional property brief, desktop pricing guidance and negotiation facilitation.

Last reviewed: 22 May 2026.