When you walk into a property inspection or start speaking with a real estate agent, it is easy to assume that they are there to help you find your dream home. They are friendly, knowledgeable, and often very convincing.
But here is the truth most buyers do not realise: the real estate agent does not represent you. Their legal and professional duty is to act in the best interests of the seller — not the buyer.
Understanding this simple fact can save you from costly mistakes, emotional pressure, and rushed decisions during one of the biggest purchases of your life.
Who Does the Agent Actually Work For?
In every property sale, there are two sides — the seller (also known as the vendor) and the buyer. The real estate agent is employed and paid by the seller to achieve one thing: to sell the property for the highest possible price on the best possible terms for the vendor.
That means:
- The agent’s commission comes directly from the sale proceeds paid by the seller.
- They have a legal obligation to act in the seller’s best interests.
- Their goal is to negotiate the highest price and most favourable contract for the vendor.
While a good agent will remain polite and professional to both parties, they are not an independent advisor. They cannot give you legal advice or explain whether the contract is fair to you. That role belongs to your property lawyer or conveyancer.
Why This Matters More Than Ever
In 2025, property transactions have become faster, more digital, and more competitive than ever. AI-driven marketing tools can make properties look flawless. Automated messaging platforms and virtual tours can create the illusion of a transparent buying process.
Yet behind the technology, the core legal relationship remains the same: the agent represents the seller.
This means that when an agent says things like “this is a standard contract,” or “you do not need to worry about that clause,” they are not providing neutral advice. Their responsibility is to get the property sold, not to protect your legal interests.
That is why it is vital to have your own professional on your side before signing or making any offer.
Common Misunderstandings Buyers Have About Agents
Many buyers enter the market with misconceptions about what an agent can and cannot do for them. Let us clarify a few of the most common ones.
1. “The agent is helping me negotiate a fair deal.”
Agents are skilled negotiators — but they negotiate for the seller. Their role is to encourage the highest possible offer, not to help you save money. They may appear to act as a middle ground between both parties, but their loyalty always rests with the vendor.
2. “The agent said the property is in great condition.”
An agent must not lie or mislead, but they are not responsible for uncovering every defect. They present information provided by the seller, which may not always include full disclosure of issues like pest damage, illegal works, or encumbrances. Always organise an independent building and pest inspection before signing a contract.
3. “The agent said I should sign quickly to avoid missing out.”
This is one of the most common pressure tactics — especially in competitive markets. Agents often create a sense of urgency to drive quicker offers. While properties do sell fast, never sign anything without your lawyer reviewing the contract first.
4. “The agent told me this clause is normal.”
No clause is truly “standard.” Even small differences can affect your rights, deposit conditions, or ability to pull out if something goes wrong. Only a qualified property lawyer or conveyancer can explain what the clauses mean and whether they are safe for you.
How Property Lawyers Protect You From Biased Information
Your property lawyer or conveyancer is the only person in the transaction who acts solely for you. Their job is to balance the power dynamic between buyer and seller and ensure that your rights are fully protected.
Here is how they do it:
- Contract Review Before You Sign
They carefully read the contract and identify any terms that could disadvantage you. If the contract is unfair or risky, they negotiate with the seller’s solicitor for amendments before you are locked in. - Legal Explanation in Plain Language
They explain complex clauses in a way that makes sense. You will understand what each condition means before you commit. - Checking Disclosures and Reports
Your lawyer ensures all mandatory disclosures (such as zoning, easements, or building approvals) are complete and accurate. - Negotiating Timeframes and Conditions
They can request longer settlement periods, cooling-off rights, or finance clauses to give you time to complete inspections or arrange funding. - Ensuring a Clean Settlement
They confirm that there are no hidden debts, mortgages, or unpaid rates that could transfer to you after settlement.
By having an experienced property lawyer on your side, you even the playing field and make sure the transaction works in your favour, not just the seller’s.
Dual Agency: When an Agent Represents Both Sides
Some buyers encounter what is known as a dual agency situation — where an agent or agency claims to represent both the buyer and the seller in the same transaction.
While this might sound efficient, it often leads to conflicts of interest. In practice, an agent cannot fully advocate for both sides when their commission depends on the sale price.
In most states and territories, agents must clearly disclose if they are acting for both parties and obtain written consent. Always discuss such situations with your property lawyer before agreeing to proceed. They can ensure your interests are not compromised.
Questions You Should Always Ask the Agent
Before making any decision, do not be afraid to ask direct questions. Transparency is your right as a buyer. Here are a few smart ones to ask:
- Who is your client — the seller or both parties?
- Have there been any recent building or pest inspections on the property?
- Are there any known issues or repairs that have not been disclosed?
- How long has the property been on the market?
- Have there been any previous contracts that fell through, and if so, why?
The answers to these questions can help you identify red flags early. Still, never rely on verbal answers alone — your conveyancer will verify everything through official searches and certificates.
How the Law Views the Agent’s Role
In Australia, real estate agents are bound by professional conduct standards and legislation specific to each state or territory. These laws require agents to act honestly, disclose material facts, and not engage in misleading behaviour.
However, they are not required to act in your best interests — that obligation belongs only to their client, the seller.
In contrast, property lawyers and conveyancers are legally and ethically bound to act in your best interests. They carry professional indemnity insurance and must meet strict regulatory standards, providing you with far greater protection throughout the process.
The Smart Buyer’s Strategy
The smartest buyers in 2025 follow a simple rule: treat every property purchase as a legal transaction first and an emotional one second.
Here is how to approach it:
- Engage a property lawyer early, even before you start making offers.
- Let your lawyer or conveyancer review the contract before signing.
- Ask the right questions and verify everything in writing.
- Do not be pressured by urgency or “fear of missing out.”
- Make informed decisions based on facts, not emotions.
Velocity Conveyancing’s experienced lawyers and conveyancers guide buyers through every step of this process with transparency and calm professionalism. You will always know where you stand and what your options are.
Why Buyers Across ACT, NSW, and Victoria Trust Velocity Conveyancing
With over 50 years of experience specialising in residential conveyancing, Velocity Conveyancing has built a reputation for integrity, transparency, and client care.
Our team acts exclusively for you — not the agent, not the seller — ensuring that every clause, every condition, and every dollar is handled in your best interest.
We offer:
- Clear, fixed-fee quotes with no hidden costs
- Complimentary contract reviews for auction and pre-auction purchases
- Itemised disbursements and guaranteed transparency
- Offices across Canberra, Sydney, and Melbourne for convenience
- A promise to beat any competitor quote
Buying a property should feel exciting and secure, not confusing or rushed. Velocity Conveyancing ensures exactly that.
Ready to Buy? Get Advice That Works for You
Before you sign anything or make an offer, talk to someone who is truly on your side. A five-minute call with a property lawyer could save you thousands of dollars and weeks of stress.
Whether you are purchasing in the ACT, NSW, or Victoria, Velocity Conveyancing’s experienced team will ensure your interests are protected from contract to settlement.
Get a free quote today or call 1300 483 562 to speak to one of our property lawyers.
This article provides general information only and shouldn't be considered specific legal advice. Every property situation is unique, and we recommend consulting with qualified solicitors for personalized guidance. Contact our team for legal advice.
