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Buyer’s Agent vs Seller’s Agent

(Updated August 7, 2026)

You’ll hear both terms in your first week of thinking about a move: buyer’s agent, seller’s agent. Same license, same MLS access, often the same brokerage. But the two jobs pull in opposite directions, and understanding the difference between a buyer’s agent and a seller’s agent tells you a lot about how your deal will go, who is fighting for your side of it, and what you should expect from the person you hire.

The short version: a seller’s agent works to get the seller the highest price and cleanest terms. A buyer’s agent works to get the buyer the right house at the lowest workable price. Everything else about the two roles flows from that split. The rest of this post covers what each one does all day, how they get paid, and the Tennessee-specific wrinkle that surprises a lot of people.

What a seller’s agent does

A seller’s agent, also called a listing agent, is hired by the homeowner. Their job starts weeks before the sign goes in the yard: walking the house and recommending which repairs and touch-ups will return more than they cost, pricing it against what has sold nearby in the last few months, and getting photography that makes a Bartlett three-bedroom stop a scrolling thumb.

Once the home is listed, the seller’s agent runs the selling machine. Marketing, showings, feedback calls, and then the part that earns the fee: fielding offers. Relaying numbers is the easy part. The judgment is in weighing a higher offer with shaky financing against a lower one with a strong pre-approval, pushing back on inspection repair lists that overreach, and keeping the deal glued together through appraisal and closing. When we’re selling a client’s house, most of the real work happens after the offer is accepted, where deals quietly fall apart if nobody is managing them.

One thing to be clear about: the seller’s agent is friendly to everyone, but works for the seller. When you call the number on the yard sign and ask questions, everything you reveal (“we need to move by June,” “we could go higher if we had to”) can inform the seller’s side of the negotiation.

What a buyer’s agent does

A buyer’s agent is hired by the buyer, and their day looks different. It starts with narrowing the map. Memphis isn’t one market: the same monthly payment lands you in very different houses in Cordova, Collierville, and Midtown, and a buyer’s agent’s real value early on is knowing which streets, school zones, and price bands fit what you’re trying to do. That’s especially true for people buying their first home in Memphis, who usually start with a neighborhood list built from rumor.

Then the job becomes protection. A buyer’s agent points out the foundation crack the photos didn’t show, pulls the sale history that says the house has been quietly relisted three times, and builds an offer strategy that fits the situation, whether that’s competing against multiple offers without overpaying or asking for concessions on a house that has sat for sixty days. After inspection, they negotiate repairs. Before closing, they chase down every document and deadline so your earnest money stays safe.

The buyer’s agent’s loyalty runs to you. What you tell them stays on your side of the table.

Who pays whom

For decades the standard answer was “the seller pays both agents,” and in practice that’s still common, but it’s worth understanding how it works now. Commissions have always been negotiable, and since the industry rule changes in 2024, buyers generally sign a written agreement with their agent up front that spells out what the agent’s fee is and where it can come from. Often the seller still covers it as part of the deal. Sometimes it’s negotiated as a seller concession. The point of the paperwork is that nobody’s fee is a mystery anymore.

For sellers, the commission conversation happens at the listing appointment, and it’s a legitimate thing to ask about plainly. For buyers, don’t let the agreement scare you off: it mostly formalizes what was already true, and it means your agent’s obligations to you are in writing. Fees and closing costs vary by deal, and we broke down the actual numbers in what buyers and sellers pay in closing costs in the Memphis area.

The Tennessee wrinkle

Here’s the part that surprises people. In Tennessee, an agent doesn’t automatically represent you just because you’ve been touring houses together. Without a written agency agreement, a licensee can work as a “facilitator,” helping the transaction along without owing exclusive loyalty to either side.

It’s simply the default setting under state law, and it’s why the paperwork matters more here than buyers expect. If you want an agent who is contractually on your side, in negotiations, with your confidential information, say so and sign the agency agreement that makes it official. Any agent worth hiring will be glad you asked. If you’re interviewing candidates, our guide on choosing a local real estate agent covers the questions that separate the pros from the license-holders.

One agent working both sides

Sometimes the listing agent offers to write up your offer too. It’s legal in Tennessee with disclosure, and on a simple deal it can work. But be honest with yourself about the geometry: one person cannot simultaneously get the seller the most money and get you the best deal. In those arrangements the agent typically shifts into a neutral role, which means nobody in the transaction is purely advocating for you.

Where this comes up most is new construction, where the builder’s on-site agent is warm and helpful and entirely the builder’s. We wrote about why having your own agent matters when buying new construction, and the logic extends to any deal: the friendly person at the model home or the open house already has a client, and it isn’t you.

When you’re doing both at once

Plenty of Memphis moves involve both roles at the same time: selling the Germantown house while buying in Arlington. This is where using one team for both sides genuinely helps, and the advantage is timing. Coordinating a sale and a purchase means sequencing two closings, and the order you do it in has real tradeoffs. We walked through those in sell before buying, or buy first?, and it’s the single conversation we’d most recommend having before you list anything.

Two jobs, one closing table

Buyer’s agent and seller’s agent are the same license doing opposite jobs, and the system works because each side has a professional whose loyalty is spelled out on paper. The practical takeaways are short: know who the agent in front of you actually works for, get your own representation in writing, and be careful what you tell the other side’s agent at the open house.

If you’re on either side of a Memphis move, or both sides at once, we’re happy to talk through what representation would look like for your specific situation. No pressure, just clarity about who’d be in your corner.