Q&A · Last reviewed 2026-05-01
What's the difference between a buyer's agent and a real estate sales agent?
A real estate sales agent is paid by + represents the vendor, their job is maximum sale price. A buyer's agent is paid by + represents the buyer, their job is best purchase price + property fit. Both are licensed under state estate-agent legislation but their fiduciary duty runs in opposite directions.
Sales agent: contracted by the vendor under a standard agency agreement (sole, exclusive, or open). Earns commission ~1.5-3% of sale price. Maximum disclosure obligation is set by state Fair Trading rules, but their loyalty is fiduciary to the vendor. They cannot represent the buyer simultaneously (NSW Fair Trading explicitly bans dual agency without informed written consent).
Buyer's agent: contracted by the buyer under a separate agency agreement. Earns engagement fee + success fee, typically 1.5-2.5% of purchase price (or fixed retainer). Their fiduciary duty is to the buyer, they negotiate against the sales agent. REBAA-accredited buyer's agents follow a Code of Conduct + carry PI insurance for buy-side advice.
What they share: both must hold a Class 1 or 2 estate-agent licence in NSW (or equivalent). Both can attend auctions, negotiate contracts, source comparable sales. The difference is who they represent + who pays them.
When to use a buyer's agent: out-of-state purchases (you can't tour properties yourself), high-pressure markets where you need someone in the room at every open inspection, complex negotiation (off-market, sunset-clause development, multi-property purchase). When NOT: simple owner-occupier purchase in your home suburb, you have time to do your own research, the engagement fee outweighs the time-savings + price-negotiation skill differential.
Primary sources
Related
Informational. Not financial advice. Verify with a licensed adviser appropriate to your circumstances.
Open the playbook — 11 chapters end-to-end, every threshold cited.