What Agency Means to You

Your Agent: Is she working with or for you?

Wisconsin now requires every buyer to begin in Pre‑Agency, a neutral stage where the agent can show homes but cannot negotiate or advise. Nothing you say is confidential and no representation exists yet. So you don’t want to say things like we could spend $X but could probably stretch that to $X+$5K. That won’t be privileged information.

The word “agency” describes the role your agent is actually playing in your transaction. As it turns out, he or she may not be your agent at all. If you are selling a home, the listing agent is automatically working for you, and all her duties such as loyalty, confidentiality and working in your best interests are owed to you. These are called fiduciary duties.

If you are the buyer, the agent you choose to work with can either be working for you as a buyer’s agent, or she can be just helping you—while still working for the seller as a sub‑agent. This distinction may seem trivial, but it’s not.

If she’s a buyer’s agent she owes her fiduciary duties to you. Exclusively. If she’s a sub‑agent, she still owes her duties to the seller. Exclusively.

Exploring Agency: Should You Have a Buyer's Agent