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    5. Who Represents You? Michigan Real Estate Agency Guide
    7 min
    Who Represents You? Michigan Real Estate Agency Guide

    Photo by Bruno Guerrero on Unsplash

    Real Estate

    Who Represents You? Michigan Real Estate Agency Guide

    AAuthor
    October 2, 2026

    When you sit down to buy or sell a home in Michigan, the agent across the table may not be on your side at all. Under the Michigan Occupational Code, Article 25 (MCL 339.2501 et seq.), real estate licensees must disclose exactly who they represent — and that relationship determines whose interests they are legally bound to protect. The single most important thing to understand is that seller's agency, buyer's agency, dual agency, and transaction coordinator all carry different duties, and only some of them put your interests first. Knowing the difference before you sign anything protects your money and your leverage in the deal.

    Key Takeaways

    • In Michigan, real estate licensees must disclose who they represent at first substantive contact — before you discuss pricing or strategy.
    • A seller's agent owes the homeowner fiduciary duties: loyalty, confidentiality, disclosure, obedience, and accounting.
    • A buyer's agent works solely for you, negotiating price and terms in your favor rather than the seller's.
    • Dual agency means one agent represents both sides and cannot fully advocate for either — it requires informed written consent from both parties.
    • Designated agency keeps each side fully represented by separate licensees within the same firm.

    The Disclosure Form You'll See First

    Every Michigan buyer and seller should expect to see the Disclosure Regarding Real Estate Agency Relationships form at their first substantive meeting with an agent. State law (MCL 339.2512e) requires the disclosure to be presented at first substantive contact — defined as any conversation that moves beyond general facts about a property into pricing strategy, motivation, or negotiation terms. In plain terms, the moment you tell an agent what you want to spend or why you're selling, they should hand you this form.

    The disclosure's job is to remove guesswork: it spells out who the agent represents and what duties they owe you before you share anything sensitive. The form must include the statutory language from MCL 339.2512e, though Michigan does not mandate a single template. Most brokerages rely on standardized forms from the Michigan Association of Realtors, and some draft their own versions, which is permitted as long as the required language appears verbatim.

    Receipt is not the same as agreement. Signing the disclosure confirms you've seen it and understand the relationship being offered — it does not lock you into that relationship. Your signature just acknowledges what kind of representation is on the table, which is exactly why you should read the whole document carefully rather than skimming it.

    Single Agency: When One Agent Represents You

    In real estate, single agency means the agent represents only one side of the transaction, and it is the clearest form of representation available to a Michigan homeowner. When you list your home, the listing agent works for you alone, giving you a clear loyalty to one client and fewer conflicts of interest. That loyalty is backed by fiduciary duties — loyalty, confidentiality, disclosure, obedience, and accounting — all aimed at protecting your interests rather than the buyer's.

    Practically, that means a seller's agent cannot tell a prospective buyer you would accept less than your list price, and they cannot share your motivations, like how quickly you need to move, with the other side. The listing agreement defines this arrangement in writing and typically runs for a set period, during which the agent has full freedom to market your home aggressively and push back against low offers on your behalf.

    What Is Buyer's Agency?

    A buyer's agent represents you, the purchaser, and owes you the same fiduciary duties a seller's agent owes the homeowner: loyalty, confidentiality, disclosure, obedience, and accounting. In practical terms, this is your personal advocate in the transaction. They search listings with your budget and priorities in mind, help you craft a competitive offer, and negotiate the price and terms in your favor rather than the seller's.

    This is a point where many Michigan buyers get confused. Talking to a listing agent at an open house or calling the number on the sign does not make that agent your representative — in fact, unless you have a written buyer's agency agreement, the agent showing you the home is generally working for the seller. That's why the disclosure form matters so much: it forces the relationship into the open before you share sensitive details like your maximum budget.

    Recent industry changes have made the buyer's agency agreement even more central to the process. Buyer representation agreements are now a prerequisite before showing property. For buyers, this is good news: a signed agreement guarantees you have a dedicated advocate from the first showing onward, rather than assuming a relationship that may not exist.

    What Is Dual Agency?

    Dual agency occurs when one licensee represents both the buyer and the seller in the same transaction. It usually surfaces when an unrepresented buyer walks in to see a listed home and the listing agent ends up working with both sides of the deal. The defining limitation is that a dual agent cannot fully advocate for either party's interests. Because the agent owes fiduciary duties to two clients with competing goals — the seller wants top dollar, the buyer wants the lowest price — the agent is forced to a neutral middle ground where the best interests of each side cannot both be served.

    In plain terms, a dual agent cannot tell you the seller's true bottom line or coach you on how much to offer, any more than they can tell the seller that your budget has room to stretch. This is why the law steps in with a strict consent requirement. Under MCL 339.2512d, a licensee may not act as a dual agent unless both the buyer and the seller give their informed written consent after receiving a written disclosure of the dual agency relationship. That means you must understand what you're giving up — a fully dedicated advocate — and sign your agreement before the relationship proceeds. If you are ever asked to consent to dual agency, read the disclosure carefully and confirm you are comfortable with the limits on representation before you sign.

    What Is a Transaction Coordinator?

    A transaction coordinator is not an agent at all — they do not represent the buyer or the seller, and Michigan law treats them as a distinct category on the agency disclosure form. The Michigan Association of Realtors' standard Agency Disclosure form lists "transaction coordinator" as a separate designation alongside seller's agent, buyer's agent, and dual agent. That distinction is the whole point: a coordinator owes zero fiduciary duties — no loyalty, no confidentiality, and no advocacy — to either party. They are a neutral facilitator of deadlines and paperwork, not an advocate for anyone.

    What a transaction coordinator actually does is keep the deal moving. They track deadlines, collect and deliver documents, coordinate inspections and appraisals, and make sure every signature lands on the right form at the right time. None of that work makes them your representative. A coordinator is there to manage the logistics, not to negotiate on your behalf or hold your confidential information to your advantage — they carry none of the fiduciary loyalty a buyer's or seller's agent owes their client.

    *Information deemed reliable but not guaranteed.

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    Cindy Limback

    @cindylimback

    RE/MAX New Horizons

    Since 1998, RE/MAX New Horizons has been a locally owned and operated real estate company serving Alpena, Alcona, Presque Isle and Montmorency counties. We are dedicated to helping buyers and sellers achieve their real estate goals with professional guidance, personalized service, and extensive local market knowledge. Whether you're purchasing your first home, selling a waterfront property, or investing in real estate, our experienced team is here to help every step of the way. Led by Broker/Owner Cindy Limback, our dedicated REALTORS® include Lori Sparling, Janice Whitehead, Todd Precord, Chris Limback, Travis Fessler, Cam Givens, and Team Houston. We are proud to have been earning the trust of Northeast Michigan for more than 25 years.

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    Cindy Limback
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