Are you unsure who your real estate agent actually represents in a Buffalo home sale or purchase? You are not alone. Agency disclosure can feel confusing, especially when your first conversation moves quickly into showings and offers. In this guide, you will learn what “agency” means in New York, how representation works in Buffalo and Erie County, and the simple steps you can take to protect your interests. Let’s dive in.
What agency means in New York
Agency is the legal relationship between you and a licensed real estate broker or agent. Once an agent represents you, they owe fiduciary duties that include reasonable care, obedience to lawful instructions, loyalty, confidentiality, full disclosure, and proper accounting. These duties guide how information is shared and how negotiations are handled.
New York requires written disclosure of agency relationships at the earliest substantive contact. That is the point when conversations move past basic facts into needs, price, motivation, or showing plans. You may also sign a separate brokerage agreement to formalize exclusive representation and compensation.
Who represents you? Common roles
Seller’s listing agent
A listing agent signs a contract with the seller to market and sell the property. They advise on pricing and presentation, bring marketing to the market, present offers, negotiate terms, and coordinate the steps to closing. In Buffalo, sellers commonly use an exclusive right to sell agreement, and offers are presented per the listing contract and local MLS rules.
Buyer’s agent
A buyer’s agent represents the purchaser and puts the buyer’s interests first. They help you evaluate value, structure contingencies, and negotiate price and terms. Many Buffalo buyers sign a buyer-broker agreement that outlines scope, duration, and compensation. If you are touring homes without clear representation, ask early who the agent represents before sharing confidential details.
Dual agency in Buffalo
Dual agency occurs when the same brokerage represents both the buyer and the seller in the same transaction. It is allowed in New York only with informed, written consent from both parties. The practical impact is important. In dual agency, the agent cannot advocate fully for either side on certain points. They must avoid sharing confidential information and cannot advise one party over the other on negotiation strategy.
Have questions about how dual agency would work in your situation? Connect with Karen Baker to review your options and receive required disclosures in writing at the right time.
Designated agency within a firm
Some brokerages use designated agency when a buyer and seller are both working with the same firm. The broker assigns different licensees to represent each side. This structure aims to preserve full advocacy for each client while staying within one company. Policies vary by brokerage, so ask any agent you meet how their firm handles in-house assignments and disclosures.
Subagency and cooperating brokers
Cooperating brokers who bring buyers to a listing most often act as buyer’s agents today. Historically, subagency meant those brokers acted for the seller through the listing broker. In modern Buffalo practice, buyer representation is common and the listing broker typically offers cooperating-broker compensation through the MLS. Your buyer-broker agreement can clarify how compensation is handled in all cases.
When you receive disclosures
You should receive a written agency disclosure at or near your first substantive contact. If a conversation turns to your price, needs, or motivation, ask for the disclosure before sharing more. Sellers should expect a written listing agreement before marketing begins. Buyers should expect a written buyer-broker agreement before exclusive representation starts.
Questions to ask at first contact
For buyers
- Who will represent me in this transaction, you or your firm, and do you represent the seller as well?
- Will I sign a buyer-broker agreement? What are the terms and duration?
- If I am interested in a property listed by your firm, how will any conflict be handled?
- What is your commission policy and how will you be compensated?
- How will you protect my confidential information such as budget and timing?
For sellers
- Will you be my exclusive listing agent and for how long?
- How will you market my property and present offers?
- If a buyer comes from within your firm, how will potential conflicts be handled?
- What disclosures and forms will I sign, and what duties will you provide?
Offers, confidentiality, and consent
Your agent must present all offers promptly. Confidential information such as a seller’s minimum price or a buyer’s maximum offer should not be disclosed without authorization. If dual agency arises, the agent must disclose the change and obtain written consent from both parties. In that case, the agent’s ability to provide undivided advocacy is limited.
How to end representation
Most listing and buyer-broker agreements include termination provisions. If you are unhappy, review the agreement and speak with the broker about ending the relationship and any fee obligations. For disputes about contract terms or duties, consider contacting a real estate attorney for guidance.
Quick comparison at a glance
| Relationship | Who signs written agreement? | Primary duty to | Can advocate fully? | Common Buffalo practice |
|---|---|---|---|---|
| Seller’s (Listing) Agent | Listing agreement | Seller | Yes (to seller) | Most sellers sign exclusive listing agreements |
| Buyer’s Agent | Buyer-broker agreement | Buyer | Yes (to buyer) | Many buyers sign agreements; buyer agents are common |
| Dual Agent (same firm) | Both parties must consent in writing | Both (limited) | No. Must remain neutral on strategy | Used cautiously; requires informed consent |
| Designated Agent (different agents same firm) | Agreements per client; firm disclosure | Each client (assigned agent) | Yes for each assigned agent | Used by some firms to avoid conflicts |
If you want a simple walk-through of these choices and how they apply to your move in Erie County, schedule a quick consult. Reach out to Karen Baker to discuss representation, timing, and the forms you should expect.
FAQs
What is agency disclosure in New York real estate?
- It is a written explanation of who a broker or agent represents and the duties owed, provided at the earliest substantive contact with a buyer or seller.
How does dual agency work in Buffalo home sales?
- The same brokerage represents both sides only with informed, written consent from buyer and seller, and the agent’s ability to advocate is limited.
When will I sign a listing or buyer-broker agreement in Erie County?
- Sellers sign a listing agreement before marketing starts, and buyers sign a buyer-broker agreement before exclusive representation begins.
Who pays the buyer’s agent in Buffalo transactions?
- Cooperating-broker compensation is commonly offered in the MLS, and your buyer-broker agreement can clarify how payment works in all scenarios.
How do I end my representation agreement if I am unhappy?
- Review your agreement’s termination terms and speak with the broker; for disputes about fees or duties, consider consulting a real estate attorney.
