Buyer's Agent vs. Seller's Agent | Clarksville TN Guide
Your Agent Is Working for Someone. Make Sure It's You.
The difference between a buyer's agent and a seller's agent isn't just a title. It's whose side they're on — and in a real estate deal worth hundreds of thousands of dollars, that distinction can quietly cost you more than you realize.
Picture this. You're scrolling Zillow on a Tuesday night, you spot a house in Sango that checks every box, and you tap "Contact Agent." Within minutes, someone calls you back. They're friendly, knowledgeable, ready to schedule a showing. It feels like exactly the kind of help you were looking for.
Here's what most people don't realize in that moment: the agent who just called may have no connection to that listing whatsoever. And unless you've signed a written agreement with them, they have no legal obligation to represent your interests — only their own.
That's not a knock on portals like Zillow, which are genuinely useful tools for discovering homes — more on that in a moment. It's simply a gap between how the experience feels and how the real estate system actually works. And once you understand it, you can use these tools to your advantage instead of accidentally navigating a major financial transaction without your own advocate.
I'm George Scott, a Realtor® with Keller Williams Realty here in Clarksville, Tennessee. I've spent more than a decade helping buyers, sellers, military families PCS'ing to Fort Campbell, and renters making the leap into homeownership. In that time, the single most misunderstood thing about real estate — the thing that quietly costs people money on both sides of the transaction — is not understanding who their agent actually represents.
This article is going to fix that. By the end, you'll understand what a buyer's agent does, what a seller's agent does, why one license can serve both roles but only one at a time, and exactly how to use the tools available to you — including the major portals — as an informed consumer.
One License, Two Very Different Jobs
Here's something that surprises a lot of people. A real estate license doesn't come stamped "buyer's agent" or "seller's agent." Every licensed agent in Tennessee can legally represent buyers in some transactions and sellers in others — sometimes in the same week.
That's not a flaw in the system. The role an agent plays isn't fixed by their license — it's defined by who they're contracted to represent in a specific transaction. An agent who lists your neighbor's home on Monday is a seller's agent in that deal. If that same agent signs a Buyer Representation Agreement with a Fort Campbell family on Thursday, they're acting as a buyer's agent in an entirely separate transaction.
Think of it the way you'd think about an attorney. A lawyer can represent a plaintiff in one case and a defendant in another. What they cannot do is represent both sides in the same case — because their duties would directly contradict each other. The same logic applies here. The roles are defined by the transaction, not the license. And Tennessee law is explicit about this.
George's Take
I've represented buyers and sellers throughout my career in Clarksville. The job is completely different depending on which side of the table I'm sitting on. When I'm a listing agent, I'm thinking about how to position my seller's home to attract the strongest offers and the cleanest terms. When I'm a buyer's agent, my entire focus shifts to protecting my buyer — finding the right home at the right price and keeping them from making a decision they'll regret. Same license. Totally different mission.
The Seller's Agent: Maximizing the Outcome for the Seller
The seller's agent — also called the listing agent — is hired by the person selling the home. Their job starts well before a single buyer walks through the door, and it's more comprehensive than most people realize.
A listing agent helps the seller price the home accurately using a Comparative Market Analysis (CMA) built from recent comparable sales — not an online estimate. They design and execute a marketing strategy: professional photography, compelling listing copy, MLS entry to maximize exposure, and targeted outreach to agents with active buyers. They advise on which repairs and improvements will move the needle on value, manage showings and open houses, review every offer that comes in, and guide the seller through the negotiation.
But the most important thing to understand about a listing agent has nothing to do with marketing. It's this: under Tennessee real estate law, a listing agent has a legal obligation — called a fiduciary duty — to act in the best interest of the seller. Not the buyer. The seller.
What Fiduciary Duty Means in Plain English
The National Association of Realtors® uses the acronym OLDCAR to describe the six duties an agent owes to their client:
- Obedience — follow the client's lawful instructions.
- Loyalty — put the client's interests above all others, including your own.
- Disclosure — share all material information relevant to the client's transaction.
- Confidentiality — protect information that could weaken the client's bargaining position.
- Accounting — account accurately for all funds entrusted to you.
- Reasonable care and diligence — apply professional skill and expertise throughout.
Source: National Association of Realtors® Code of Ethics (updated 2026)
Here's what that looks like in a real scenario. Suppose a seller tells their listing agent they need to close quickly because of a job transfer. That information could drastically weaken the seller's negotiating position if a buyer found out — they could lowball knowing the seller is under pressure. The listing agent is legally required to keep it confidential. They cannot share it with you, the buyer, even if you ask directly.
That's not deception. That's fiduciary duty working exactly as it's supposed to — for the seller.
What a great listing agent delivers for sellers
Beyond protecting confidentiality, a skilled listing agent actively works to maximize your net proceeds. They know how to price your home to attract competition without leaving money on the table — a balance that's much harder than it looks. They know how to vet offers beyond the headline number: terms, contingencies, financing strength, and closing timeline all affect what an offer is actually worth.
They also know how to handle the inspection negotiation — one of the most financially significant moments in any transaction — without killing a deal or giving away the store. A seller without representation in that moment is negotiating blind against someone who does this professionally.
The data makes the case plainly. According to NAR's 2025 Profile of Home Buyers and Sellers, the median sale price for homes sold with an agent was $425,000. The median for FSBO (For Sale By Owner) homes — sold without a listing agent — was $360,000. That's a $65,000 gap. For most sellers, that difference more than covers the cost of a listing agent several times over.
Of course, not all FSBO sellers are making an apples-to-apples comparison — FSBO tends to be more common with lower-cost homes, mobile homes, and rural properties, which can account for some of the difference. But even accounting for that, the research consistently shows that professional representation produces better financial outcomes for sellers.
The Buyer's Agent: Protecting You Through Every Step
A buyer's agent is hired to represent the person purchasing the home. The job starts earlier than most buyers expect and goes considerably deeper than "finding houses."
A good buyer's agent helps you get connected with the right lender for your situation — in Clarksville, that often means a lender with deep VA loan experience. They learn your priorities well enough to filter out noise and identify properties that actually fit, including homes that haven't hit the public market yet. They walk properties with you and give you an honest read on what a house is worth — not just what it's listed for.
When you find the right home, your buyer's agent builds an offer strategy rooted in market data. In a competitive Clarksville market — especially when Fort Campbell families are working against PCS timelines — that strategy is often the difference between getting the house and watching someone else move in. Once your offer is accepted, your agent stays with you through inspections, repair negotiations, appraisal, title, and closing day.
Here's the fiduciary flip side that most buyers don't think about until it matters: your buyer's agent cannot tell the seller that you're willing to pay more than you've offered, that you're under a time deadline, or that you've already emotionally committed to the house. That information is yours. Your agent is legally obligated to protect it.
At a Glance: Who Does What
| 🏠 Seller's Agent (Listing Agent) | 🔑 Buyer's Agent |
|---|---|
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Why One Agent Can't Fully Serve Both Sides at the Same Time
If a single agent tried to act as a true fiduciary for both buyer and seller in the same transaction, they'd face an impossible legal contradiction. How do you fight for the highest price while simultaneously fighting for the lowest one? How do you keep the seller's urgency confidential while also keeping the buyer's maximum budget confidential? The math doesn't work. The duties directly cancel each other out.
This is why the concept of dual agency — one agent representing both parties — is viewed with serious caution industry-wide. Tennessee goes further than most states in addressing this problem.
Tennessee Agency Law: What Consumers Need to Know
Under Tennessee Code Annotated §62-13-102, there are three distinct agency statuses:
- Seller's Agent — Established through a written Listing Agreement. Full fiduciary duty to the seller.
- Buyer's Agent — Established through a written Buyer Representation Agreement. Full fiduciary duty to the buyer.
- Facilitator / Transaction Broker — A non-agent status that applies when no written agency agreement exists. A facilitator can assist both parties in completing a transaction but represents neither. They owe basic honesty and competence to both parties but carry no fiduciary obligation to either.
The Tennessee Real Estate Commission voted 9-0 to clarify that a licensee may only hold one agency status at a time in a given transaction. A listing agent cannot simultaneously serve as a neutral facilitator for the buyer — that would be misrepresentation.
One important note for buyers: if you end up working with an agent from the same brokerage as the listing agent, ask specifically about "designated agency" — an arrangement where separate agents within the same firm each hold their own fiduciary duties to their respective clients. That's meaningfully different from a facilitator situation and offers real protection.
Sources: Tennessee Code Annotated §62-13-102; Tennessee Real Estate Commission (December 2005 ruling)
What this means practically: if you walk into an open house, the agent at the door could be one of several things — the listing agent, a member of the listing agent's team, another agent from the same brokerage who is hosting that day, or occasionally a buyer's agent from a different company who volunteered to host in exchange for exposure to unrepresented buyers. The point isn't that the open house agent is working against you — most are genuinely helpful professionals. The point is that you don't automatically have an advocate in that room just by showing up. Ask early: "Who do you represent in this transaction?" The answer tells you everything about the conversation you're about to have.
If you want someone in your corner, you need to make it official in writing with your own separate agent.
Thinking About Buying or Selling in Clarksville or Near Fort Campbell?
Whether you're a buyer who wants your own advocate in the room, or a seller who wants to understand what strong representation actually looks like — I'd love to walk you through it. No pressure, no commitment. Just a real conversation about your goals.
Real Estate Portals: Powerful Search Tools — and How to Use Them Wisely
Let's talk about Zillow, Realtor.com, Homes.com, and the other major listing portals — because they deserve a fair and complete picture.
These platforms have genuinely transformed the home search experience for consumers. Zillow alone is visited by tens of millions of people every month, and about 68% of homebuyers use it at some point during their search. The listing data is largely MLS-fed, which means it's generally accurate and current. You can filter by price, neighborhood, school district, and a dozen other criteria from your couch on a Sunday afternoon. For discovering what's available in Clarksville's market — or anywhere else — these tools are excellent. Use them.
Zillow has also been a strong advocate for keeping real estate listings public and accessible. The company has pushed back against the practice of "pocket listings" — homes marketed privately through exclusive agent networks instead of the MLS — arguing, correctly, that limiting listing exposure harms sellers financially and raises fair housing concerns. That's a pro-consumer position worth acknowledging.
Where it gets more nuanced: the "Contact Agent" button
Here's the distinction that matters for consumers, and it's a simple one: the agents who advertise on these portals are real, licensed professionals paying to market their services on a platform where buyers are already looking — the same way a doctor advertises in a local directory or a contractor puts their name on a yard sign. There is nothing wrong with the arrangement, and many excellent buyer's agents build their entire practice through these platforms. An agent who responds to your inquiry on Zillow can absolutely represent your interests fully and competently once you've established a formal relationship with them.
What is worth understanding is how the inquiry system works. When you click "Contact Agent" on a listing, you're typically connecting with an agent who has purchased advertising on that platform — not necessarily the listing agent for that specific property. That agent may be a great fit for you, may know the Clarksville market well, and may become your buyer's agent through exactly that introduction. The only thing to be aware of is that they aren't yet representing you in any legal sense until you've signed a Buyer Representation Agreement together. Before that point, treat the conversation as an interview: learn about their experience, see if they're the right fit, and ask whether they're familiar with your specific situation — VA buyer, first-time buyer, PCS timeline, whatever applies to you.
A study by Wharton professor Jerry Wind raised questions about how clearly the "Contact Agent" interface communicates this distinction to consumers — finding that many users believed they were reaching the listing agent directly. Zillow disputes the study's methodology and conclusions, and the broader point isn't really about fault. It's about awareness. Now that you know how the system works, you're in a better position than most buyers who click that button: you know to ask one simple question up front.
How to Use Portals Smartly
- Browse freely — Zillow, Realtor.com, and Homes.com are excellent for exploring inventory, tracking price history, and getting a feel for neighborhoods. Use them throughout your search.
- Understand the inquiry system — When you submit a contact request, you're connecting with a licensed agent who has chosen to advertise on that platform — just as any professional might advertise in a local publication or on a billboard. They can be an excellent buyer's agent. Just know you're starting the conversation, not automatically in a representation relationship yet.
- Ask the key question early — "Are you representing me as a buyer's agent, or are you the listing agent for this property?" That one question tells you everything you need to know about whose interests they're obligated to serve.
- Make it official — Fiduciary representation in Tennessee requires a written Buyer Representation Agreement. Until you've signed one with your agent, the relationship is informational, not representational.
- Zestimates are estimates — Zillow's automated home value tool is useful for a ballpark, but it's not an appraisal or a CMA. Your agent's comparable sales analysis will be far more accurate for offer-writing purposes.
By the Numbers: Why Representation Matters
The following data comes from NAR's 2025 Profile of Home Buyers and Sellers and Clever Real Estate's FSBO survey. These statistics reflect seller outcomes specifically — the difference between selling with an agent versus selling on your own. Buyer representation produces its own category of outcomes, which are harder to measure in aggregate but equally significant.
| Stat | Figure |
|---|---|
| Agent-assisted median home sale price (NAR, 2025) | $425,000 |
| FSBO median sale price (NAR, 2025) | $360,000 |
| Difference — sellers' median gap without listing agent | $65,000 |
| Home sellers who used an agent in 2025 (record high) | 91% |
| FSBO as % of all home sales in 2025 (all-time low) | 5% |
| FSBO sellers who said process was stressful (Clever survey) | More than 50% |
| FSBO sellers who struggled with pricing (Clever survey) | ~28–30% |
Note: Clever Real Estate FSBO survey data comes from a company that offers agent-matching services — interpret alongside NAR's independently collected data. Both sources point in the same direction.
Why Contacting the Listing Agent Directly Rarely Gets You a Better Deal
One of the most common things I hear from buyers is this: "If I go directly to the listing agent, maybe they'll reduce their commission and I'll get a better price."
The logic makes sense on its surface. But in practice, it almost never works that way. The listing agent has a binding contract with the seller for a specific commission structure. Negotiating around that contract would raise serious ethical and legal questions about their fiduciary duty to the seller — who is their client. Most agents won't do it, and shouldn't.
What you're much more likely to get by going direct is not a better price — it's a weaker negotiating position. You've just sat across the table from someone whose entire professional obligation is to get maximum value for the person you're trying to buy from. And you've done it without your own strategist in the room.
The Attorney Analogy
You wouldn't hire your opponent's attorney to represent you in a legal matter. The listing agent isn't your adversary — real estate transactions are collaborative the vast majority of the time — but both parties have interests that don't fully align. The listing agent's job is to optimize for the seller. Your job is to make sure someone equally skilled is optimizing for you.
What Good Representation Actually Looks Like Here in Clarksville
Buying or selling in Clarksville, Tennessee — especially in proximity to Fort Campbell — involves specifics that national platforms and generic real estate advice simply can't account for.
A locally experienced buyer's agent knows which Sango and Saint Bethlehem neighborhoods hold strong resale value. They understand typical earnest money norms in Montgomery County — generally a flat $500–$1,500 on standard offers, with some VA transactions requiring nothing upfront — and they know when and why those norms shift. They know Tennessee law gives buyers the right to choose their own title company, and how to use that in your favor.
They understand VA financing from the inside — because a substantial portion of this market runs on VA loans. And a listing agent who doesn't understand VA appraisal requirements or the MPR (Minimum Property Requirements) checklist can inadvertently torpedo a perfectly good deal for their seller. The best agents on both sides of the transaction know this market in ways that make transactions smoother for everyone.
For sellers, a locally rooted listing agent knows how to position a Clarksville home to attract both civilian buyers and military families — two audiences with meaningfully different priorities around commute routes, school zones, and lease flexibility. That market knowledge directly affects what your home sells for and how quickly it moves.
George's Take
I've watched buyers fall in love with homes that didn't hold up financially — and sellers leave real money on the table because they skipped the steps that would have attracted more competition. In both cases, the common thread was the same: someone made a major financial decision without a trained advocate in their corner. That's the whole job — being that person.
Frequently Asked Questions
Q: Can the same agent represent both the buyer and seller in a Tennessee real estate deal?
Not with full fiduciary duty to both. Tennessee law doesn't permit true dual agency the way many other states do. If a single agent ends up working with both parties in the same transaction, Tennessee law defaults them to "Facilitator" status — a non-agent role with no fiduciary obligation to either side. Most experienced agents avoid this situation by disclosing early and helping the unrepresented party find their own agent. If you're working with an agent from the same brokerage as the listing agent, ask specifically about designated agency — where separate agents each hold their own fiduciary duties.
Q: Do I have to sign anything to work with a buyer's agent?
Yes — and that's genuinely a good thing for you. Following NAR policy changes that took effect August 17, 2024, agents are required to have a written Buyer Representation Agreement in place before touring homes with a buyer. In Tennessee, that written agreement is what formally establishes the fiduciary relationship. It spells out what your agent will do, how they're compensated, and the terms of your arrangement. It protects you as much as it protects the agent — because vague verbal understandings create the most confusion when things get complicated.
Q: Who pays the buyer's agent commission in Tennessee?
This changed significantly with the NAR settlement that took effect in August 2024. Buyer's agent compensation is no longer automatically included in the seller's listing agreement. Buyers now formally negotiate compensation directly with their own agent. That said, sellers in the Clarksville market often still offer a buyer's agent concession as part of the transaction — particularly in markets with high VA buyer activity where sellers want to attract the widest possible pool. Your agent will walk you through the current landscape transparently before you sign anything.
Q: Is it okay to search for homes on Zillow or Realtor.com?
Absolutely — these platforms are excellent search tools and should be part of your process. The listing data is largely MLS-fed and accurate. Agents who advertise on them are licensed professionals who have chosen to market their services where buyers are already searching — a perfectly normal and legitimate way to build a real estate practice. When you connect with one, treat it as an introduction: have a conversation, see if they're the right fit for your situation, and once you're comfortable, formalize the relationship with a written Buyer Representation Agreement. That's when they become your advocate in the fullest legal sense.
Q: What should I ask a listing agent before hiring them to sell my home?
Start with these four: How do you price homes — can you walk me through your CMA process? What does your marketing plan look like beyond the MLS? How do you handle multiple offers or difficult inspection negotiations? And: how many homes have you listed and sold in this specific area in the past 12 months? Those four questions will tell you quickly whether you're talking to someone who knows this market or someone who knows real estate in general. In Clarksville, the local details matter.
Q: What's the difference between a Realtor® and a real estate agent?
A real estate agent is anyone licensed by the state to assist with property transactions. A Realtor® is a licensed agent who is also a member of the National Association of Realtors® and is bound by its Code of Ethics — a set of professional standards that go above and beyond state licensing requirements, including the OLDCAR fiduciary framework described earlier in this article.
The Bottom Line
Every real estate transaction involves two sides, two sets of interests, and — in a well-functioning market — two trained professionals whose job is to advocate for each.
When you understand who's who, you can make smart decisions. You can use the search tools available to you — and they are excellent — while also knowing when to formalize the relationship that protects you. You can engage with a listing agent knowledgeably, understanding exactly what they're obligated to do and for whom. And you can make the single most important move in any transaction: getting your own advocate in the room before you need one.
The buyer's agent vs. seller's agent distinction isn't industry jargon. It's the foundation of how representation works — and in Clarksville, Tennessee, with Fort Campbell PCS timelines and VA loan nuances and a market that moves differently than anything a national website can fully explain, that foundation matters.
I'm here if you want to talk through any of it — whether you're buying, selling, or still trying to figure out which one you're doing first.
Ready to Have Your Own Advocate in the Room?
George Scott | Realtor® | Keller Williams Realty
📞 (931) 385-5195 | ✉ Georgescott@kw.com
🏠 buygeorgehomes.com | Clarksville TN · Montgomery County · Fort Campbell
Sources & References
- National Association of Realtors® — 2025 Profile of Home Buyers and Sellers (November 2025). Primary source for FSBO vs. agent-assisted median sale prices ($360K vs. $425K), agent usage rates, and seller satisfaction data.
- National Association of Realtors® — Code of Ethics (Updated 2026). Defines the OLDCAR fiduciary framework: Obedience, Loyalty, Disclosure, Confidentiality, Accounting, Reasonable Care.
- Tennessee Code Annotated §62-13-102 — Defines agency relationships, facilitator/transaction broker status, and limited agency in Tennessee real estate.
- Tennessee Real Estate Commission — 9-0 vote (December 2005) clarifying that a licensee may hold only one agency status at a time in a given transaction. Cited in the GCAR Tennessee Agency Law Licensee Guide.
- Greater Chattanooga Association of Realtors® / Tennessee Agency in Tennessee Course Manual — Comprehensive guide to agency status, facilitator default rules, and representation requirements under Tennessee law.
- Wind, J. — Working paper, University of Pennsylvania Wharton School (2025). Study examining consumer understanding of the Zillow "Contact Agent" button. Note: Zillow has publicly disputed the study's methodology and conclusions.
- Zillow Group — 2025 Consumer Housing Trends Report for Agents (December 2025). Reports that 68% of homebuyers use Zillow during their search; 36% of sellers find their agent via online channels.
- Zillow Group — "Private Listing Networks Are Damaging the Housing Market" (February 2025). Zillow's advocacy position on MLS transparency and open listing access.
- HomeLight.com — "How Much Less Do FSBO Homes Sell For?" (February 2026). Summarizes NAR median price gap data.
- Clever Real Estate — FSBO Statistics Report (December 2025). Survey-based data on FSBO seller experiences including stress and pricing challenges. Note: Clever is an agent-matching service with a commercial interest in agent-assisted sales.
- BrightMLS & Drexel University — Multi-state study finding that MLS-listed homes sold for 17.5% more on average than off-MLS listings. Cited by Zillow Group (February 2025).
- NAR Risk Management & License Law Forum — "Fiduciary Duties" (2013, referenced through 2026). Original source document for the OLDCAR framework as applied to real estate agency.
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