My Listing Agent Says They Have a Buyer

What does it mean when my listing agent says they have a buyer?

It typically means one of two things:

Scenario 1: A buyer contacted your agent directly (from the sign, online listing, or open house) without their own representation. Your agent sees an opportunity to represent both sides.

Scenario 2: Another agent at the same brokerage has a buyer. Depending on state law and brokerage policy, this may be treated similarly to dual agency—sometimes called “designated agency,” where two agents at the same company represent opposite sides.

Either way, the implication is the same: your agent (or their brokerage) wants to control both sides of the transaction. They’ll earn more commission, but you’ll lose the full advocacy you hired them to provide.

In West Chester, Garnet Valley, Kennett Square, Downingtown, Media, Newtown Square, and Chadds Ford, this happens more often than sellers realize—especially in competitive markets where buyers try multiple approaches to win homes.

What is dual agency?

Dual agency is when one agent represents both the buyer and seller in the same transaction.

Think about what that means: You hired your agent to negotiate the highest possible price and best terms for you. The buyer wants to pay the lowest possible price with the best terms for them. These goals are directly opposed.

When one person represents both sides, they can’t fully advocate for either. Instead of being your champion at the negotiating table, they become a neutral “facilitator”—someone who helps the transaction close, but doesn’t fight for your interests.

Dual agency is legal in Pennsylvania and Delaware, but it must be disclosed and you must consent to it. Some states have banned or heavily restricted the practice because of its inherent conflicts.

What do I lose with dual agency?

When your agent also represents the buyer, you lose:

Full price negotiation: Your agent can’t push for every dollar when they’re also representing the person paying. They have no incentive to negotiate harder for you—in fact, getting the deal done at any price serves their interest.

Confidential advice: Your agent knows your bottom line, your motivation, your timeline pressures. In a normal transaction, that information is confidential. In dual agency, they also know the buyer’s. Can you trust they won’t use your information to get the deal done?

Inspection negotiation advocacy: When inspection issues arise, who does the agent fight for? They can’t tell the buyer “this is minor, don’t ask for credit” while also telling you “don’t give any credits.” They end up in the middle—and deals tend to favor whoever pushes harder.

Objective transaction guidance: Is the offer good? Should you counter? In a normal transaction, your agent gives you frank advice based solely on your interests. In dual agency, their advice is compromised by their relationship with the buyer.

Why would my agent want to do this?

Two words: money and control.

Double commission: When your agent represents both sides, they typically earn the full commission—both the listing side and the buyer side. On a $500,000 sale at 5% total commission, that’s $25,000 instead of $12,500. Their income doubles.

Transaction control: With one agent managing everything, there’s no back-and-forth between two agents. The agent controls the timeline, the communication, and the negotiation dynamics. Deals close faster and with less hassle—for the agent.

Guaranteed close: If your agent brings the buyer, they don’t have to worry about another agent’s buyer falling through. They control both sides of the equation.

None of these benefits accrue to you. The agent’s incentives are aligned with closing the deal—not with getting you the best possible outcome.

Will I save money on commission?

Maybe—but probably not as much as you’d think. And the savings may cost you more than you save.

The commission math: Some agents offer a discount on commission for dual agency transactions—perhaps reducing the total from 5-6% to 4-5%. On a $500,000 sale, that’s $5,000-10,000 in savings.

The price math: But what if having a strong advocate would have gotten you $520,000 instead of $500,000? You “saved” $5,000 in commission but lost $20,000 in sale price.

The agent’s incentive: An agent earning $25,000 on a dual agency deal at $500,000 has little motivation to negotiate another $15,000 for you. They’d earn roughly $750 more on that extra $15,000—but risk the deal falling apart. The math encourages them to close quickly, not to maximize your price.

Ask yourself: if the commission discount is the main benefit being offered, who’s really benefiting from this arrangement?

What questions should I ask?

If your agent says they have a buyer, ask these questions before agreeing to anything:

“Will you be representing both of us?” Get a clear answer. If yes, that’s dual agency—understand what you’re agreeing to.

“How will you negotiate on my behalf if you also represent the buyer?” Listen carefully. If the answer involves “being fair to both sides” or “facilitating the transaction,” that’s confirmation you won’t have an advocate.

“What happens if we disagree on price or terms during negotiation or after inspection?” Whose side will the agent take? The honest answer is “neither”—which means no one is fully on your side.

“Will you reduce your commission?” If they’re earning both sides, are they passing any of that benefit to you?

“Can the buyer get their own representation?” This is often the cleanest solution. The buyer works with another agent, you keep your full representation, and everyone has an advocate.

What changed with the 2024 NAR settlement?

The 2024 National Association of Realtors settlement changed how buyer representation works—and it makes this issue more relevant than ever.

Buyers now sign written agreements: Before touring homes, buyers must sign agreements with their agents specifying compensation. This formalizes the buyer-agent relationship.

Compensation is negotiated differently: How buyer agents get paid is now more explicitly negotiated, with changes to how compensation offers are communicated.

More unrepresented buyers: Some buyers, trying to avoid signing agreements or paying for representation, may approach listing agents directly. This creates more dual agency opportunities—and more situations where sellers need to be cautious.

The settlement reinforces that buyer representation has value. Buyers who try to go without it—and sellers who allow their agent to fill both roles—often end up worse off.

What’s the alternative?

The cleanest solution: insist the buyer work with their own agent.

If a buyer contacts your listing agent directly, your agent can (and should) refer them to another agent—either at their brokerage or elsewhere. The buyer gets representation, you keep your advocate, and the transaction proceeds normally.

This doesn’t mean you lose the buyer. It means everyone has proper representation. The buyer can still make an offer; you can still negotiate. You just have someone fully in your corner.

If a buyer refuses to work with their own agent, ask yourself why. Are they trying to gain an advantage by having access to your agent—and your confidential information?

Why we don’t practice dual agency

At The Cyr Team, we don’t represent both sides of a transaction. Here’s why:

You hired us to represent you. That means fighting for your best outcome—not facilitating a deal that works for everyone equally. Equal isn’t the same as best.

Conflicts are unavoidable. No matter how ethical an agent tries to be, dual agency creates situations where someone’s interests get compromised. We don’t want that someone to be our client.

Your trust matters more than our commission. We’d rather earn your referrals and repeat business by doing the right thing than maximize a single transaction by doubling our fee.

When unrepresented buyers contact us about our listings, we refer them to qualified buyer’s agents who can represent their interests. Our sellers keep their advocate. Everyone is properly represented.

The bottom line

When your listing agent says “I have a buyer,” ask yourself: who benefits most from this arrangement?

The agent earns double commission and controls the deal. The buyer gets access to your agent (and possibly your confidential information). What do you get? A quick sale, maybe—but potentially at a lower price and worse terms than you would have gotten with full representation.

You hired your agent to represent you. Don’t let them represent someone else at your expense.