If you’re thinking about buying a home in North Carolina, one of the first things we’ll talk about is agency—how real estate agents legally represent buyers and sellers. North Carolina’s agency laws are designed to protect you, but they can be a little confusing if you’re new to the process.
As of July 1, 2024, an important update took effect: buyers must sign a Buyer Agency Agreement before touring any properties. This is a big shift from the past, when you could look at homes first and sign later. The reason for this change is to make sure you fully understand your rights and who is representing you before stepping into a property.
Let’s break down your options and the forms you’ll see, and then I’ll answer some common questions I get from buyers.
The “Working with Real Estate Agents” Disclosure
At our first meeting, I’ll go over the “Working with Real Estate Agents” disclosure form.
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This form is not a contract.
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It’s simply an explanation of the types of agency relationships in NC.
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You’ll sign it to acknowledge I’ve explained your options.
Think of it as a “menu” of choices—it helps you understand the difference between buyer’s agency, seller’s agency, and dual agency.
Buyer’s Agency
When you hire me as your buyer’s agent, I represent you exclusively. My duties include:
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Loyalty – I put your interests above anyone else’s.
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Confidentiality – what you share with me stays private.
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Disclosure – if I know it, you know it.
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Advocacy – negotiating on your behalf and protecting your interests.
We formalize this relationship through a Buyer Agency Agreement. This agreement spells out:
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How long I represent you (length of agreement).
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What my responsibilities are to you.
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How compensation works.
👉 Compensation Update (2024–2025): Traditionally, the seller’s commission covered the buyer’s agent. That’s still common, but not always guaranteed. Depending on the listing or builder, the buyer may agree to pay part (or all) of the buyer’s agent fee. We’ll review this together before we look at homes so there are no surprises.
Seller’s Agency
If you contact a listing agent directly, remember: they represent the seller. Their job is to get the seller the best deal. While they may answer your questions, they are not legally allowed to put your interests first.
This is why having your own buyer’s agent matters—you gain someone who is fully committed to you.
Dual Agency and Designated Dual Agency
North Carolina allows dual agency, which means one real estate firm (and sometimes one agent) represents both buyer and seller in the same transaction.
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Dual Agency – one agent works with both sides but cannot give either side confidential advice on negotiations or pricing.
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Designated Dual Agency – the firm appoints one agent for the buyer and another for the seller. This allows each side to have an advocate, though both still work under the same company.
Both forms of dual agency require written, informed consent from both buyer and seller.
Buyer FAQs
1. Do I have to sign a Buyer Agency Agreement to look at houses?
Yes. As of July 1, 2024, North Carolina requires a signed Buyer Agency Agreement before you tour any homes. This ensures you know who represents you and what duties your agent owes you before you step into a property.
2. Who pays the buyer’s agent in North Carolina?
Most often, the seller covers the buyer’s agent commission, which is built into the listing agreement or offered directly from the seller to the agent. However, new rules mean buyers may sometimes pay part of the fee themselves. We’ll always go over how compensation works before we move forward.
3. What if I go directly to the listing agent?
That agent works for the seller. They cannot advocate for you or negotiate in your best interest. Without your own agent, you’d essentially be unrepresented.
4. What’s the difference between Dual Agency and Designated Dual Agency?
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In dual agency, one agent represents both sides in a neutral role.
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In designated dual agency, the firm assigns two separate agents—one for each side.
5. Can I buy a home without any representation?
Yes, but it’s not recommended. You can act on your own behalf, but you’ll lose out on confidential advice, market expertise, and someone advocating for you during negotiations.