The Nest

NestApple's Real Estate Blog

Featuring real estate articles and information to help real estate buyers and sellers. The Nest features writings from Georges Benoliel and other real estate professionals. Georges is the Co-Founder of NestApple and has been working as an active real estate investor for over a decade.

Difference between Listing Agent vs Selling Agent (2025)

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A listing agent represents the seller and is responsible for listing and marketing the seller’s property for sale. A selling agent is the one who identifies and secures the buyer for the property. In the NYC real estate market, a selling agent is often referred to as a buyer’s agent. However, a listing agent can also serve as the selling agent if they find a buyer directly. Let’s discuss the Difference between a Listing Agent and a Selling Agent.

What Is a Listing Agent?

A listing agent, also known as a seller’s agent, is a term frequently used in the New York City real estate market. This agent is responsible for listing the seller’s property and finding potential buyers to complete the transaction.

The term “seller’s agent” emphasizes the fiduciary duty the agent owes to the seller, being loyal and acting in the seller’s best interests. Additionally, a seller’s agent can represent a direct

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buyer simultaneously in a dual agency arrangement.

Listing agents must present New York Agency Disclosure Forms to all walk-in buyers to clarify their representation. If all parties involved agree to dual agency, the listing agent must act in the best interests of both the buyer and the seller.

Pro Tip: The term “listing agent” is more commonly used than “seller’s agent” in the NYC market because it increases the likelihood of buyers agreeing to dual agency.

Buyers often prefer not to work with a listing agent under dual agency, particularly when referred to as a seller’s agent. Therefore, “listing agent” is a more neutral and appealing term.

What Is a Selling Agent?

A selling agent is an individual who finds a buyer for a property listed for sale. This selling agent is often different from the listing agent. However, if a listing agent identifies a direct buyer who does not have their own representation, the listing agent can also act as the selling agent.

In the New York City (NYC) real estate market, the term “selling agent” is seldom used because it can cause confusion.

Instead, people refer to the agents who represent buyers as buyer’s agents, buyers’ agents, buyer agents, or buy-side agents.

The terms “listing agent” and “selling agent” are rarely used in the NYC market. When they do appear, it is often in referral agreements with Realtors from other states, where these terms are more common. Buyer’s agents have a fiduciary duty to remain loyal to their clients and represent their interests.

If a buyer is interested in properties listed by the same brokerage where their buyer’s agent works, a potential conflict of interest may arise.

In such cases, dual agency must be clearly explained and disclosed. When a listing agent represents both the buyer and the seller in a dual agency situation, the listing agent typically does not assume the title of buyer’s agent in NYC.

To avoid confusion, they are still referred to as the listing agent, and the buyer is simply without their own agent.

Occasionally, in this scenario, we refer to the listing agent as a dual agent to clarify the agency relationship further.

Should Buyers Work Directly with the Listing Agent?

No, it doesn’t make sense for buyers to agree to dual agency, as this relationship benefits neither the buyer nor the seller.

The only beneficiary of a dual agency arrangement is the listing agent, who receives the entire commission without having to share it. In a typical real estate transaction in NYC, the standard commission is 6% of the sale price.

When buyers agree to dual agency, the listing agent retains the full commission instead of splitting it evenly with a buyer’s agent. This results in a rare scenario where the listing agent enjoys a double payday.

Sellers usually agree to pay a fixed percentage of the sale price as commission through a traditional Exclusive Right to Sell Listing Agreement, regardless of how the buyer is found. Most traditional listing agreements specify a set percentage and leave the co-broking arrangements up to the broker.

Fortunately for buyers’ agents, the rules set by most brokers’ MLS require listing agents to share the commission with selling agents.

For example, the REBNY RLS mandates to split a listing’s commission at least equally in favor of the buyer’s brokerage. This means that if buyers choose to work directly with a listing agent, they forfeit their right to free representation from a buyer’s agent, which the seller has already paid for. It’s a case of “use it or lose it!”

Now that you understand the difference between a listing agent and a selling agent, how should you go about finding a great buyer’s agent in NYC? Consider working with an experienced and trustworthy real estate broker from our network. They not only provide exceptional service but have also agreed to offer you a closing credit of $20,000 or more from their commission!

Choosing a Selling Agent or Buyer’s Agent

In New York City, the term “selling agent” is rarely used by either buyers or agents; instead, “buyer’s agent” is much more common.

So, how should buyers find a real estate agent in NYC? One of the most straightforward and common methods consumers use is to ask friends or family for referrals.

In a place like New York, where there are approximately 50,000 licensed real estate agents, it’s likely that every New Yorker knows at least five agents. You might not even have to ask for a referral!

However, we refer to this method as basic for a reason.

Often, you could end up with a distant cousin or an acquaintance whom you feel obligated to work with simply because you know them.

Unfortunately, this puts you in a tricky situation, as the agent could earn upwards of 3% or more in commission from your purchase price.

Moreover, New Yorkers hate these relationships and are guilty of “abandoning” their agent if the situation doesn’t work out.

Many will start collaborating with a referral due to the lack of commitment involved: there are no exclusivity agreements, and buyers do not pay real estate agents directly. This is concerning because purchasing a home in NYC is a complex, high-stakes transaction.

You want someone who is experienced and highly competent. Additionally, given the substantial commissions at stake, you should expect a meaningful closing gift for selecting your buyer’s agent.

Unfortunately, most buyers do not even ask for a closing gift and get something like a bottle of wine or a box of chocolates after closing. If they receive anything at all. This is quite inadequate, especially when your agent may have earned $100,000 or more from your typical multi-million-dollar apartment sale.

To avoid this dilemma, it’s crucial to be discerning when choosing your buyer’s agent and to conduct thorough online research before making a decision.



Written By: Georges Benoliel

Georges has been working in Wall Street for the last 16 years trading derivatives with hedge funds. He has been an active real estate investor for over a decade. Georges graduated from HEC Business School in Paris and holds a master in Finance from ESADE Barcelona.

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