Seller’s Agency & Representation: What Sellers Need to Know
Your investment. Your Farm.
A seller’s agent can—and should—provide tremendous value to a seller. A truly good seller’s agent is worth every cent. However, not all seller’s agents provide the same level of service, and understanding what your agent is supposed to do for you is critical.
At its core, seller’s agency is about representation and fiduciary duty. When a seller hires an agent, that agent should be working exclusively for the seller’s interests—not their own interests, not the buyer’s interests, and not simply to get a transaction closed.
A seller’s agent should:
- Practice fiduciary duty
- Act with loyalty to the client
- Keep private conversations confidential
- Protect the seller’s financial interests
- Provide honest advice and guidance throughout the process
- Work for the benefit of the seller—above their own interests
These responsibilities are not optional. They are the foundation of proper representation.
A competent seller’s agent must also be proficient in the market they serve. They should understand local values, be able to produce and interpret comparable sales, identify strengths and weaknesses of the property, and provide advice that helps their client make informed decisions.
A Seller’s Agent owes fiduciary duty to their client. In simple terms, this means the agent must act in the best interest of the seller—above their own interests.
In law, fiduciary duty requires loyalty, confidentiality, full disclosure, and the protection of a client’s financial and material interests.
What a Listing Agent Should Offer You
When you list a property, pay close attention to the role your agent is assuming.
If an agent claims to be your seller’s representative but immediately pushes the same old MLS-driven, cooperative commission model, you are not receiving true representation. You hire an agent to represent you—not to finance representation for someone else.
It is also important to understand Transaction Brokerage, which some agents use as a default. A transaction broker does not owe fiduciary duty, cannot advise on pricing or negotiations, and does not advocate for either party. In my opinion, listing a property under transaction brokerage is unacceptable. It allows the agent to avoid responsibility while shifting risk and liability to the seller. That may be convenient for the agent—but it is not representation.
Competence, Confidentiality & Market Knowledge
A seller’s agent must be proficient in the specific field they are working in:
- Residential
- Agricultural land
- Commercial or industrial land
- Commercial or industrial buildings or office space
No agent is proficient in all of these.
Your agent should understand the market, produce accurate comparables, assess your property’s strengths and weaknesses, and advertise it in the correct market to the correct audience. They should provide regular updates on activity and explain what they are actively doing to promote your property.
And once again—fiduciary duty matters.
What Should a Listing Agent Provide?
A qualified listing agent should provide far more than marketing and salesmanship. At a minimum, they should offer:
- Fiduciary Duty and loyalty to the client
- Research regarding the property’s true market value
- Accurate property valuation
- Identification of the property’s strongest attributes
- Understanding of the owner’s needs and goals
- Strong knowledge of the marketplace
- Understanding of tax implications and available remedies
- Ability to read and interpret title work
- Ability to prepare accurate contracts that address the many variables involved in real estate transactions
- Knowledge of forward and reverse tax-deferred exchanges
- Marketing directed toward the correct audience
- Strict confidentiality regarding your information and conversations
- Understanding of settlement statements and closing documents
- Presence at the closing table
- Availability after closing if issues arise
These are significant responsibilities — but they are what you should expect and demand from someone representing your interests, not simply polished sales talk.
What Results Offers Sellers
Our approach has evolved over the years. At one time, Results actively participated in the MLS system and utilized extensive national and international advertising campaigns. While we still maintain strong marketing platforms when needed, our experience has shown that most land buyers come from much closer to home. Often, buyers are neighboring landowners, tenants, local operators, or individuals with existing relationships in the area.
Today, the majority of our land sales are handled quietly, efficiently, and professionally without the need for large-scale advertising campaigns. Many transactions occur between landlords and tenants, family members, neighboring landowners, or outside buyers who already have a connection to the property or seller. In these situations, our role is to provide expert guidance, coordinate title work, manage documentation, and facilitate complex transactions such as 1031 exchanges.
Despite taking a more targeted approach, Results continues to achieve market value—and often above-market value—for our clients. By avoiding unnecessary marketing expenses, we are able to pass those savings along to the seller. Our process typically begins by making the opportunity available to tenants and neighboring landowners before expanding our reach beyond the local market.
Preparation is the foundation of every successful sale. Long before a property is offered to the market, we conduct a thorough evaluation of the asset, its ownership structure, tax considerations, and market opportunities. Preparation, preparation, preparation.
1031 exchanges have always been a cornerstone of the services we provide. Our conversations with landowners often begin with a discussion of tax implications and strategies designed to help them accomplish their long-term goals. Many of our off-market and quiet transactions involve exchanges, where confidentiality is essential to a successful outcome.
There are many aspects of our approach that are unique within the industry. We would be happy to discuss them with you individually. While others may adopt our message, our practices, experience, and commitment to our clients remain our own.
At Results, our mission is simple: to advocate for our clients’ best interests with experience, integrity, and unwavering commitment.