The listing agent works for the seller. The selling agent is the one who finds the buyer, and in most sales that agent represents the buyer.
In New York you don’t have to guess. Before you sign a listing agreement, the state’s agency disclosure form makes each licensed real estate agent tell you in writing which side of the transaction they’re on.
What is the difference between a listing agent and a selling agent?
The difference is who hired them. New York law defines a listing agent as “a person who has entered into a listing agreement to act as an agent of the seller or landlord for compensation.” That agent sets a listing price with a comparative market analysis, markets the home to potential buyers, runs showings and negotiates offers. Here’s more on what a listing agent does in Brooklyn.
“Selling agent” isn’t a term the law uses. In everyday real estate talk it means the agent who helps a buyer find and purchase a home, write an offer, get through the inspection and reach closing. The name trips people up, because the selling agent isn’t the one selling your home.
| Term | What New York’s form says | Whose side |
|---|---|---|
| Listing agent | Has a listing agreement with the owner | Seller |
| Seller’s agent | Secures a buyer at a price and on terms the owner accepts | Seller |
| Buyer’s agent, often called the selling agent | Negotiates the purchase at a price and on terms the buyer accepts | Buyer |
| Broker’s agent | From another firm, assists one of the agents above, with no direct relationship to you | Whoever engaged them |
| Dual agent | One broker represents both sides, with written consent from both | Both, without undivided loyalty |
| Designated sales agent | Two agents at the same brokerage, one assigned to each side | One side each, under one broker |
Sources: New York Real Property Law section 443 and the New York Department of State Disclosure Form for Buyer and Seller (DOS-1736-f).
Is a listing agent the same as a seller’s agent?
Usually, but not always. Under the law, a seller’s agent can be “a listing agent who acts alone.” The same definition also covers an agent who cooperates with the listing agent, or acts as a subagent, to find a buyer for your home.
Either way, that agent owes you “reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account.” The form adds one line that matters: “A seller’s agent does not represent the interests of the buyer.”
When the selling agent represents the buyer, what do they owe you?
Honesty, but not loyalty. Most of the time the agent working with the buyer is a buyer’s agent, hired to negotiate a sale price and terms the buyer accepts. The form is blunt about it: “A buyer’s agent does not represent the interests of the seller.”
That agent still can’t mislead you. In dealings with the owner, the selling agent should “deal honestly, fairly and in good faith.” The law also says they have to give you or your listing agent the disclosure form at the time of the first substantive contact.
Some real estate professionals from other firms work as a broker’s agent instead. They assist the listing agent or the agent working for the buyer, and you can’t give them instructions directly. The form has a checkbox for each role.
Can the listing agent and selling agent be the same real estate agent?
Yes, but only if both sides agree in writing. Under New York law, a broker can represent the buyer and the seller in one real estate transaction when both give informed consent in writing. That dual agent “will not be able to provide the full range of fiduciary duties.”
It’s a conflict of interest the law lets you accept, and buyers argue about it too. On March 10, 2026, a buyer house hunting in Southern California asked r/RealEstate whether to use the listing agent, and the thread drew 44 comments. The top reply: “The listing agent works in the seller’s best interest and works to get them the highest and best offer.” The next one was shorter: “You have zero representation.”
The thread is about buyers, but owners give up the same thing. By consenting, both parties are “giving up their right to undivided loyalty.”
What is a dual agent with designated sales agents?
It’s a middle option inside one brokerage. The broker represents both sides, then assigns one sales agent to each party. Each agent advocates for their own client in the negotiation.
It still isn’t the same as having your own firm. The state’s form says a designated sales agent “cannot provide undivided loyalty.” If you agree to it, the form has a line naming the agent appointed to represent you.
Listing agents vs selling agents: who pays them after the MLS changes?
It depends on what you negotiate. The National Association of REALTORS says “Agent compensation for home buyers and sellers continues to be fully negotiable.” The listing agent works for compensation under the listing agreement, so that’s where your side of the fee gets set.
The other side changed on August 17, 2024. Offers to pay a buyer’s agent can no longer go on the Multiple Listing Service, though an owner can still make one outside it. Agents who use the MLS now need a written agreement with a buyer before touring a home. It has to state the agent’s pay and that “broker fees and commissions are fully negotiable and not set by law.”
What to check with a brokerage before you sell in Brooklyn
If you want to sell, read the checkbox before you sign. The form has a line for the agent’s name, the firm, and whether they’re acting as a seller’s agent, broker’s agent or dual agent. It isn’t a contract, so signing it only confirms you got it.
Then ask what happens if the firm’s own agents bring a buyer. So far in 2026 our team reports 60 closed sales, 34 for sellers and 26 for buyers. Any team buying and selling for clients on both sides should explain its approach before you list. Our guide to selling a Brooklyn home walks through the selling process, from pricing in this real estate market to closing.
Common follow-up questions
Is the listing agent the same as the selling agent?
Not usually. The listing agent represents the owner, and the selling agent represents the buyer. They’re the same person only in a dual agency sale, which needs written consent from both.
Does the buyer’s agent owe me anything as the seller?
They don’t owe you loyalty, but they should deal with you honestly, fairly and in good faith. They also have to give you or your listing agent the disclosure form when they first reach out about the home.
Do I have to sign the agency disclosure form?
Signing only acknowledges that you received it. If you refuse, the agent writes a sworn declaration of the refusal and keeps it for at least 3 years.
Can I say no to dual agency?
Yes. It needs informed consent in writing from both parties. If you don’t give it, your agent can’t represent the other side too.
From The Behfar Team
We work from our office at 1524 East 23rd Street in Midwood and have closed 494 buyer and seller transactions. So far in 2026 the team reports 60 closed sales worth $80.7 million, 34 of them for sellers. Our 144 Google reviews are the most of any Midwood agency, and our agents speak six languages.
See what your home could sell for
We’ll give you a price read based on what actually sold near you, and walk you through the disclosure form before you sign anything. You can also call the office at 347-988-2526.
Legal points here come from New York Real Property Law section 443, the New York Department of State’s disclosure form and the National Association of REALTORS. This is general information, not legal advice. Talk to a real estate attorney before you sign anything.
