Quick Answer
A real estate agent represents the seller and is legally obligated to secure the highest possible price for them. A buyer’s agent represents the buyer and works exclusively to negotiate the best price for that buyer. The two roles sit on opposite sides of the same transaction.
Table of Contents
- Quick Answer
- The One-Sentence Difference
- What a Real Estate Agent Does
- What a Buyers Agent Does
- Buyers Agent vs Real Estate Agent: Side-by-Side Comparison
- Three Misconceptions That Cost Buyers Money
- Can One Person Be Both
- Which One Do You Actually Need
- Expert Insight from InvestorAid
- Final Verdict
- Frequently Asked Questions
Key Takeaways
- A real estate agent represents the seller and aims to achieve the highest possible sale price.
- A buyers agent represents the buyer and negotiates the best outcome for the purchaser.
- The difference between buyers agent and real estate agent comes down to who they legally represent.
- Real estate agents are paid by sellers, while buyers agents are paid by buyers.
- Buyers agents are commonly used by investors, interstate buyers and time-poor purchasers.
Almost every property buyer in Australia will, at some point, talk to a real estate agent standing in a home they are considering buying. It is easy to assume that an agent is helping you. They are not, at least not in the way you might think. Understanding the difference between a buyers agent and a real estate agent is one of the simplest ways to protect yourself from overpaying or missing red flags, and it takes less than five minutes to get clear on.
The One-Sentence Difference
A real estate agent works for the seller. A buyer’s agent works for the buyer. Everything else, fee structure, legal duty, negotiation goal, and incentive, flows from that single distinction.
Understanding who does a real estate agent represents is critical for property buyers. While many buyers assume the selling agent is there to help them, the agent’s legal obligation is to the vendor, not the purchaser.
What a Real Estate Agent Does
A real estate agent, sometimes called a listing agent or selling agent, is engaged by the property owner (the vendor) to market and sell their property. Their responsibilities typically include:
- Appraising the property and recommending a listing price based on comparable sales
- Creating marketing materials, listings and advertising campaigns
- Hosting open homes and private inspections
- Receiving and presenting offers from prospective buyers
- Negotiating, and running auctions, to secure the highest possible price and best terms for the seller
A real estate agent is paid by the seller, typically as a commission of around 1.5 to 3.5 percent of the final sale price. That commission structure creates a direct, legal incentive: the higher the sale price, the more the agent earns. They are required to act honestly and provide accurate information to all parties, but their fiduciary duty, their legal obligation to act in someone’s best interest, belongs to the seller alone.
What a Buyers Agent Does
A buyers agent, also called a buyer’s advocate, is engaged by the purchaser and works exclusively on their behalf. Their responsibilities typically include:
- Defining a buying strategy aligned to the client’s goals and budget
- Searching for suitable properties, including off-market opportunities
- Inspecting and evaluating properties, and flagging issues a buyer might miss
- Conducting due diligence such as comparable sales analysis and report coordination
- Negotiating the purchase price and terms, or bidding at auction, on the buyer’s behalf
A buyers agent is paid by the buyer, usually as a fixed fee or a percentage of the purchase price. Their fiduciary duty belongs to the buyer, which means they are legally and ethically required to act in the buyer’s interest, including disclosing material facts that could affect the buyer’s decision.
Buyers Agent vs Real Estate Agent in Australia: Quick Comparison
| Factor | Buyers Agent | Real Estate Agent |
|---|---|---|
| Who they represent | The buyer | The seller (vendor) |
| Who pays them | The buyer | The seller |
| Fiduciary duty | To the buyer | To the seller |
| Primary goal | Lowest price and best terms for the buyer | Highest price and best terms for the seller |
| Access to listings | All publicly listed properties, plus off-market opportunities | Primarily their own agency’s current listings |
| Typical fee structure | Fixed fee ($8,000 to $21,000+) or 1.5% to 3% of purchase price | Commission, typically 1.5% to 3.5% of sale price |
| Conflict of interest risk | Low, if independent and not selling property | Inherent, by design, since their duty is to the seller |
| Sells property? | No | Yes, that is their core function |
Three Misconceptions That Cost Buyers Money
“The real estate agent at the open home is helping me.” They are friendly and helpful in manner, but their legal duty is to get the seller the highest price. Any information they share is filtered through that lens.
“Real estate agents work in the buyer’s best interest.” This is false, and it is one of the most common and costly assumptions in property buying. Only a buyers agent is legally bound to prioritise the buyer’s interests.
“A buyers agent and a real estate agent do basically the same job, just on different sides.” The day-to-day work looks similar (inspections, negotiation, paperwork) but the goal each one is working toward is the opposite of the other.
| Did You Know?
A real estate agent who is also a “buyer’s agent” for the same transaction is a clear conflict of interest, since they cannot simultaneously try to secure the highest price for the seller and the lowest price for the buyer. A real estate agent can act as a buyer’s agent on a different transaction, but never on the same one. |
Can One Person Be Both
Not on the same transaction. A licensed real estate agent can, in a separate engagement, act as a buyers agent for a different client buying a different property. But for any single sale, the same person cannot represent both the seller’s interest in maximising price and the buyer’s interest in minimising it. If you are ever unsure who an agent is representing in a specific transaction, ask directly. They are required to disclose it.
Which One Do You Actually Need
You will deal with a real estate agent regardless, since they represent virtually every property you inspect or bid on. The real question is whether you also engage a buyers agent to represent your side of the transaction. A buyers agent tends to add the most value when you are:
- Buying in an unfamiliar suburb or city, including interstate or from overseas
- Competing in a tight, low-stock market where off-market access and negotiation skill matter
- Time-poor and unable to dedicate dozens of hours to research and inspections
- Building an investment portfolio and want a data-driven, strategic approach rather than a one-off purchase
If none of these apply and you have strong local knowledge, time and confidence negotiating, you may choose to navigate the process directly with the seller’s agent, understanding clearly that their advice is not impartial.
Expert Insight from InvestorAid
“The biggest shift I see in clients once they understand this distinction is confidence. Once you know that the agent at the open home is not your advocate, you stop relying on their reassurances and start asking for evidence: recent comparable sales, the actual condition report, the real reason a vendor is selling. That is exactly the role a buyer’s agent plays on your behalf throughout the entire process, not just at the negotiation stage,” says Rohit Gehlot, founder of InvestorAid and a licensed property buyers agent in Australia.
| Pro Tip
Before your next inspection, ask the selling agent one direct question: “Who are you currently representing in this sale?” Their answer will not change anything legally, since they always represent the seller, but it is a useful reminder to treat their advice accordingly. |
Final Verdict
A real estate agent and a buyers agent are not two flavours of the same job. They sit on opposite sides of the negotiating table, are paid by opposite parties, and are legally bound to pursue opposite outcomes on price. Recognising this is the first step to buying with clear eyes. Engaging your own buyers agent is the practical step that follows, particularly for investors, interstate buyers, or anyone buying in a competitive market who wants someone working exclusively for their outcome. You can read more about how our buyer’s agency service works, or see the results past clients have achieved in our client case studies.
Frequently Asked Questions
What is the main difference between a buyers agent and a real estate agent?
A buyers agent represents and is paid by the buyer. A real estate agent represents and is paid by the seller. Their legal duty, and their negotiation goal, sit on opposite sides of the transaction.
Do real estate agents ever work in the buyer’s interest?
They are required to be honest and provide accurate information to all parties, but their fiduciary duty belongs to the seller. They are not legally obligated to act in the buyer’s best interest.
Is it worth getting a buyers agent if I am already talking to a real estate agent?
Yes, because the real estate agent you are speaking with already represents the seller. A buyers agent gives you equivalent representation on your own side of the deal.
Can a real estate agent also be my buyers agent?
Not for the same transaction, since that would create a direct conflict of interest. A licensed agent can act as a buyers agent on a separate transaction for a different property.
Who pays the buyers agent fee?
The buyer pays the buyers agent, typically as a fixed fee or a percentage of the purchase price. This is different to a real estate agent, whose commission is paid by the seller.
Do I need a buyers agent to buy property in Australia?
No, it is not mandatory. Many buyers transact directly with the seller’s real estate agent. A buyers agent is optional but commonly used by investors, interstate buyers and time-poor purchasers who want dedicated representation.
How do I check if a buyers agent is genuinely independent?
Ask them to confirm in writing that they receive no commission, referral fee or other income from any property they recommend, and check their membership with REBAA, the Real Estate Buyers Agents Association of Australia.

Rohit Gehlot is a Property Investment Strategist and Buyers Agent at InvestorAid, with over 8 years of experience in the Australian property market.
He helps investors secure high-potential properties across Australia through data-driven research, market analysis, negotiation, and long-term investment strategies.
