You find a home you love, the listing agent's name is right there on the sign, and calling them feels like the fastest way in. Some buyers even assume the listing agent will help them get a better deal, since that agent already knows the house and the seller.
Before you make that call, it helps to know who that agent actually works for. In this post we walk through the three ways a North Carolina buyer can end up working with the listing agent's side, what the law lets that agent do for you, what it does not, and when it makes more sense to bring your own buyer's agent.
Who Does the Listing Agent Work For?
The listing agent works for the seller. When the seller signed the listing agreement, the agent and their firm took on a duty to get that seller the best price and terms they can. That loyalty does not switch off when a buyer calls the number on the sign.
North Carolina makes agents spell this out early. Every broker has to give you the Commission's Working With Real Estate Agents disclosure at the first substantial contact and review it with you. If a broker is working with you as the seller's agent, they must tell you that in writing at that first substantial contact, along with their license number.
From there, a buyer who works with the listing side ends up in one of three arrangements: an unrepresented buyer, dual agency, or designated dual agency. Each one gives you a different level of help, so it is worth knowing which one you are in before you share anything about your budget or your plans.
Option 1: Buying as an Unrepresented Buyer
The simplest version is that you deal with the listing agent, but nobody represents you. The Commission's disclosure form describes this as an unrepresented buyer working with a seller's agent. The agent can help move the paperwork along, but they owe you no loyalty, and the form tells buyers directly not to share confidential information with that agent.
That warning matters. If you mention that you would go higher, that your lease ends next month, or that this is the only house you like, the seller's agent is allowed, and often expected, to use that for the seller. You are negotiating against a professional who is on the other side of the table.
North Carolina does not require both sides of a sale to have an agent, so this setup is legal. If you start out unrepresented and later ask the listing agent to represent you, and the parties do not agree to dual agency, the Commission's guidance is that the listing agent should refer you to a broker at another firm.
Option 2: Dual Agency
Dual agency means one firm represents both the buyer and the seller in the same sale. When it is the same individual agent on both sides, that is still dual agency. It is legal in North Carolina only with written permission from both parties. Under Commission Rule 58A .0104(d), a broker representing one party cannot represent the other without each party's written authority, and acting for more than one party without everyone's knowledge violates the License Law.
Timing is set by rule too. The seller usually authorizes dual agency in the listing agreement at the start. For a buyer, the written authority has to be in place no later than when either party makes an offer. And when the firm presents its own buyer's offer to the seller, it has to clearly disclose the dual agency at that point, even if both agreements already allow it.
Here is the catch. A dual agent has to treat both of you fairly and equally and cannot help one side gain an advantage. That means the agent cannot advocate for you. Your written agreement can also bar the agent from telling either side that the other would accept a different price or terms, why they are buying or selling, or anything marked confidential. The North Carolina Real Estate Commission has cautioned that a broker's ability to fully represent each client can be compromised in this setup, and that dual agency is appropriate only when both buyer and seller are fully informed and agree in writing.
Option 3: Designated Dual Agency
Designated dual agency is a modified version that keeps advocacy on both sides. The firm still represents both parties, but it assigns one broker to work only for the seller and a different broker to work only for the buyer. Each designated broker can advise and advocate for their own client, which puts it closer to having your own agent.
There are guardrails. Both parties have to approve it in advance and in writing, the firm's written policies have to allow it, and the names of the designated brokers have to be disclosed to both sides no later than the first offer. A broker who has already received confidential information about the other party cannot be designated for you, and a solo agent cannot offer it at all, since it takes at least one broker for each side.
It only works if confidences stay put. In a September 2024 case study, the Commission described a seller's designated broker who told the buyer's designated broker, a coworker at the same firm, that the seller would take anything over asking because of a difficult divorce. The buyer then offered $5,000 over list. The Commission concluded the seller's broker broke Rule 58A .0104 and said the broker and the brokerage could face discipline and liability. Before you agree to designated dual agency, ask how the firm keeps each side's information separate.
What Changed for Buyers in 2024
Since August 17, 2024, under the NAR settlement, agents who use the MLS need a written agreement with a buyer before touring a home with them, and that agreement has to spell out how the agent will be paid. Offers of buyer agent compensation no longer appear in the MLS, though sellers and listing firms can still offer them outside it.
The Commission has pointed out that the settlement does not change North Carolina's License Law or rules. A buyer agency relationship can still start orally, but it must be in writing before an offer is made, and every brokerage agreement needs a definite end date, the broker's license number, and the required fair housing language. The Commission also advises buyer agents to disclose their full fee. If the seller offers less than that fee, the buyer pays the difference, and if nothing is offered, the buyer pays the full fee at closing.
This is why some buyers think calling the listing agent will save money. Do not assume it. North Carolina REALTORS listing forms now include a place for the seller and firm to set a different fee when the buyer is unrepresented or when one agent handles both sides, and the July 1, 2026 version of the buyer agent compensation form (Form 220) is now an addendum to the purchase contract, with the seller paying the buyer agent's compensation. What you actually save, if anything, depends on what the seller and firm agreed to. Ask before you decide.
When Using the Listing Agent Can Make Sense
For some buyers it works out fine. If you know the market, you have bought and sold before, you have a lender and an attorney you trust, and you are comfortable negotiating price, repairs and the due diligence terms yourself, working with the listing side can be a reasonable choice, as long as you understand you are not getting an advocate.
It is a riskier fit if this is your first purchase, if you are relocating to Charlotte and do not know the neighborhoods yet, or if the deal has moving parts like a home to sell first, a tight due diligence period, or a new construction contract. Those are the situations where an agent who works only for you earns their keep: pulling comps to test the list price, pushing back on repair requests, and watching the deadlines that put your money at risk.
Whichever way you go, ask these questions before you share anything personal:
Who do you represent right now, and will that change if I make an offer?
Does your firm offer dual agency or designated dual agency, and what does that mean for what you can tell me?
Does the seller's listing agreement set a different fee if I am unrepresented or if you represent both of us?
If I want my own agent later, how does that work?
Which Option Fits Your Situation?
Here is a quick side by side of the four ways you can buy a home that someone else has listed.
Your Next Step
Calling the listing agent is not wrong, but it should be a choice you make with your eyes open. If you are thinking about buying in the Charlotte area and want someone in your corner, reach out to our team through the form below. We will walk you through how representation and compensation would work on the home you are looking at, before you sign anything.
If you also have a home to sell first, try our free home value tool to see what your current home could bring, so you know your budget before you start making offers.
Sources
NC Real Estate Commission: Dual Agency Update Course Section (2022 to 2023)
NC Real Estate Commission: Dual Agency, When Is It Appropriate?
NC Real Estate Commission: The NAR Settlement, Commission Law and Rules
NC Real Estate Commission: New Working With Real Estate Agents Disclosure
NC REALTORS: What the NAR Settlement Means for Home Buyers and Sellers
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