Should You Use the Listing Agent or Your Own Agent to Buy a Home in California?

You are allowed to buy a home through the listing agent in California, but that agent already represents the seller. When one agent or one brokerage represents both sides, it is called dual agency. It is legal in California only with the written consent of both the buyer and the seller, and a dual agent may not share one side's confidential price or motivation with the other without permission. If you want someone advising only you on price, inspections and terms, hire your own buyer's agent before you write an offer. I'm Brenda Vega, a REALTOR® with Real Broker (DRE #02196981), and this guide explains how representation works so you can decide.

Who Represents Whom?

Arrangement	Who the agent works for	What to know
Listing agent (seller's agent)	The seller	Hired by the seller to market the home and negotiate on the seller's behalf
Buyer's agent	The buyer	Advises you on value, inspections and terms, and negotiates on your behalf
Dual agent	Both the buyer and the seller	Requires written consent from both. Cannot share either side's confidential price or motivation without permission

What Is Dual Agency, and Is It Legal in California?

Dual agency means the same agent, or two agents working under the same broker, represent both the buyer and the seller in one transaction. California allows it as long as both parties know about it and agree in writing.

The law also limits what a dual agent can say. Without the seller's permission, a dual agent cannot tell you that the seller would accept less than the asking price. Without your permission, the agent cannot tell the seller that you would pay more than you offered. In practice, a dual agent cannot push for either side on price the way an agent who represents only you can.

What Can Your Own Agent Do for You?

An agent who represents only you can:

• Give you a frank opinion of what the home is worth, based on comparable sales
• Recommend an offer price and terms with only your interests in mind
• Point out concerns in the disclosures and inspection reports, and suggest how to respond
• Negotiate price, repairs and credits on your behalf

How Do You Find Out Who an Agent Represents?

You do not have to guess. California requires agents to give you a written form called the Disclosure Regarding Real Estate Agency Relationships, which explains the three arrangements above. The purchase contract then confirms in writing which agent represents which party. If you are ever unsure, ask directly: "Who do you represent in this transaction?"

How Is a Buyer's Agent Paid?

That is set out in the buyer representation agreement you sign with your agent, which California law requires to be in writing. Compensation is not fixed by law and is negotiable. The agreement states the amount and how it will be handled, including whether you will ask the seller to cover some or all of it as part of your offer. Read that section carefully and ask questions before you sign.

Can You Visit Open Houses Without an Agent?

Yes. You can walk through any open house on your own. Keep in mind that the agent hosting it is there on the seller's behalf, so it is sensible not to share how much you are approved for or how much you want the house.

How Do I Work With Buyers?

I'm Brenda Vega, a REALTOR® with Real Broker, California DRE #02196981. My primary area is Campbell, and I represent buyers in San Jose, Los Gatos, Saratoga and the greater Bay Area. Whichever way you decide to go, make sure the agency forms are explained to you before you sign anything.

If you would like to talk through your situation, a first consultation is free, by phone, video or in person. Book a time, or read about how I represent buyers.

Related reading: How to Choose a Real Estate Agent in Campbell, CA · The 3 Contingencies You Should NEVER Waive in the Bay Area