Let's Ask Katie - September 2026

Hi  Katie, 

We are selling our home and in the listing agreement it says that if an unrepresented buyer comes along, the fee would be 1.5% to represent them. She just sent us an offer and asked for 3% in the offer and on a Buyer Broker Agreement that the buyer signed. PLUS, we pay the listing broker fee of an additional 3%! Seems like she’s trying to do a real switcheroo. What should we do?  

Jess and Marti

Hi Jess and Marti, 

No switcheroos happening here! It is a common misconception that a buyer without an agent (an “unrepresented buyer”) automatically means you are entering into a “dual agency” situation. While they might seem similar on the surface, the legal implications are very different.  

In dual agency, the agent represents both seller and buyer. There is a shared fiduciary duty and loyalty, so the agent must remain neutral. They cannot advocate for one side over the other or negotiate aggressively for a higher price on the seller’s behalf. They can not share any information that the buyer or seller specifically asks them not to share. For example, an agent can not share the seller’s lowest price they will take if the seller asks the agent to keep that information private. They must simply share information quoted directly from the seller or buyer. However, the agent is still doing the work of two agents, thus the request for a full buyer broker and full listing broker commission. 

Working with an unrepresented buyer means the listing agent remains as the seller’s dedicated advocate. The agent’s fiduciary duty stays 100% with the seller. The listing agent will continue to negotiate in the seller’s best interests, protect the bottom line, and advise you on every detail of the contract. The buyer simply chooses to navigate their side of the paperwork without an agent. In this case, you have full, undivided seller representation from start to finish. The 1.5% fee in your listing agreement is meant to compensate the listing agent who is delivering disclosures and reports, coordinating inspections, and monitoring all deadlines. In my humble opinion, an unrepresented buyer is taking on a great deal of risk. Going through a real estate transaction  without an agent can be risky because it’s easy to miss critical disclosures or lose your leverage during negotiations. Navigating through heavy legal and financial paperwork without a professional to spot potential pitfalls could have serious consequences. 

Note: This information is for educational purposes and does not constitute legal or tax advice. I recommend consulting with a qualified attorney or tax professional to determine the best structure for your specific situation. Katie Machoskie is a REALTOR and Certified Real Estate Negotiator As Founder of the Machoskie & Associates team at COMPASS in Orange County, with over 23 years of experience and over $1.4 Billion in sales. She and her team of neighborhood specialists are ready to assist you anywhere in OC. Have a question? Email her at [email protected] DRE#01380037 Follow her on Instagram @machoskiehomes.com