A
real estate professional can provide significant assistance to homebuyers and sellers, but their role requires clear disclosure and agreement. The National Association of Realtors' consumer guide defines what makes a real estate professional an agent and highlights the differences between agents and Realtors.

    According to the guide, a licensed real estate professional is considered an agent when hired to represent a client in buying or selling a home. Typically, sellers establish this relationship through a listing agreement, while buyers may sign a written buyer agreement before touring homes. This document outlines the terms of their relationship with the agent.

    The guide explains various types of agency relationships, including single agency, where an agent represents either the buyer or seller, and dual agency, which allows an agent to represent both parties simultaneously. In states permitting dual agency, disclosure and informed consent from both sides are usually required due to potential conflicts of interest.

    Other forms of agency include subagency, where an agent works with the seller's agent to bring buyers to the property, and non-agency relationships like transaction brokerage, which involves a neutral third party facilitating the sale. Not all states allow these arrangements.

    Consumers should be aware that their relationship with a real estate professional can take various forms – agency or non-agency – depending on state law. The National Association of Realtors' guides aim to educate consumers and address antitrust concerns following implicit criticism from the Department of Justice.