Customer vs. Client in Real Estate: Understanding the Difference

 

In the world of real estate, the terms customer and client are often used interchangeably, but they carry very different meanings—especially in terms of rights, responsibilities, and legal implications. Whether you are buying, selling, or investing in property, understanding this distinction can help ensure you receive the level of service and representation you need.


Definition of a Customer in Real Estate

A customer is someone who is involved in a real estate transaction but is not represented by a real estate agent. While an agent may still provide some basic services to a customer—such as showing a property or providing general information—they are not legally obligated to act in the customer's best interest.

Agent's Duties to a Customer:

  • Treat honestly and fairly

  • Disclose material facts

  • Answer basic questions

  • Perform ministerial tasks (e.g., schedule showings, provide listings)

However, the agent does not owe a customer fiduciary duties like loyalty, confidentiality, or full disclosure beyond what is legally required.


Definition of a Client in Real Estate

A client is someone who has entered into a formal agreement with a real estate agent or brokerage. This relationship creates a fiduciary duty, meaning the agent is legally bound to act in the client’s best interest.

Agent's Duties to a Client:

  • Loyalty: Put the client’s interests above all others

  • Confidentiality: Keep sensitive information private

  • Disclosure: Provide all relevant facts to help the client make informed decisions

  • Obedience: Follow lawful instructions from the client

  • Reasonable care and diligence

  • Accounting: Handle money and documents with care and accuracy

This level of service is typically outlined in a listing agreement (for sellers) or a buyer’s agency agreement (for buyers).


Why the Difference Matters

The distinction between a customer and a client is critical for several reasons:

  • Legal protection: Clients are entitled to a higher level of protection and representation under the law.

  • Trust and loyalty: Clients can expect their agent to act in their best interest, while customers should not expect loyalty or confidentiality.

  • Decision-making: Understanding your status can help you make better decisions when engaging with real estate professionals.


Examples in Practice

  • If you walk into an open house and ask the listing agent questions, you are a customer—they represent the seller, not you.

  • If you sign a buyer’s agreement with an agent to help you find a home, you are now their client—they owe you full fiduciary duties.


Conclusion

In real estate, knowing whether you're a customer or a client can make a big difference in the quality and depth of service you receive. If you're looking for full representation, advocacy, and protection, becoming a client through a formal agreement is the way to go. Always clarify your status with any real estate agent and make sure you understand the implications before proceeding.

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