A buyer’s agent is the real estate agent who represents the interests of the person purchasing the home, as opposed to the seller. In New Hampshire, this relationship is formalized through a Buyer Agency Agreement, which spells out that the agent owes the buyer duties of loyalty, confidentiality, reasonable care, and full disclosure — the same fiduciary obligations a listing agent owes a seller, just applied to the buyer.
Before New Hampshire (and most states) formalized buyer agency, buyers often worked with an agent who was technically representing the seller’s interests, even while showing homes and writing offers for the buyer. That created an obvious conflict: the person helping you negotiate price wasn’t actually working for you. Buyer agency closed that gap. Once a buyer signs an agreement with an agent, that agent is legally obligated to negotiate the strongest possible terms for the buyer.
A buyer’s agent typically handles the search for homes that fit the buyer’s criteria, arranges and accompanies the buyer on showings (visits to homes listed for sale), advises on offer strategy and contingencies, helps negotiate after a home inspection, and guides the buyer through each deadline in the purchase and sale agreement. They also coordinate with the lender, though they do not control the loan process — that stays between the borrower and the mortgage professional.
Compensation for a buyer’s agent has become a more complicated topic in recent years due to national changes in how commissions are disclosed and negotiated. Buyers should have a direct conversation with their agent early on about how that agent is paid. If you purchased in the past, buyer‑agent compensation may not work the same way it did a few years ago, so I’m glad you’re reading this update!
A buyer’s agent is not the same as a listing agent, who represents the seller and has a duty to get the seller the best price and terms. On some transactions, the same agent or brokerage may represent both sides — this is called dual agency, and it requires informed, written consent from both parties, since the agent’s usual duty of full loyalty becomes limited.
It’s also worth understanding what happens when a buyer has no agent at all. This can easily occur if you decide to work directly with the listing agent, such as at an open house, without signing a buyer agency agreement of your own. In that situation, you’re not in a dual agency arrangement — the listing agent still represents only the seller. You’d instead be considered a “customer” rather than a “client,” meaning the agent can be pleasant and helpful, but has no legal duty to negotiate on your behalf or protect your interests. On the purchase and sale agreement, that agent is typically listed solely as the seller’s representative.
In everyday terms, a buyer’s agent is the professional on your side of the table — the person whose job is to protect your interests, not the seller’s, as you move through the process of finding and purchasing a home.
Click here if you’d like to read more about NH’s rules around agency
Here’s the link for the National Association of REALTORS’ consumer guide on agency relationships.