10 Questions to Ask a Listing Agent When You Don't Have a Buyer's Agent | BuyUnrepped

You walk into a home you want to buy. The agent greeting you at the door is friendly, knowledgeable, and happy to answer your questions. There's one thing to remember: they work for the seller.

That's not a reason to panic. Thousands of Tennessee buyers successfully purchase homes without a buyer's agent every year. But going unrepresented doesn't mean going in blind, it means knowing exactly what to ask, what you're legally entitled to receive, and what the listing agent simply cannot do for you no matter how helpful they seem.

On a median Tennessee home at $386,700, a buyer's agent commission runs $11,000–$12,000.^11,12 More buyers are deciding that money belongs in their pocket. If you've made that decision, this post gives you the 10 questions that replace what an agent would otherwise handle on your behalf.

The Ground Rules: What a Listing Agent Can and Cannot Do for You

Before you ask a single question, you need to understand the legal landscape. Getting this wrong is how unrepresented buyers get hurt.

The listing agent signed a contract with the seller. That contract creates a fiduciary relationship, meaning their duties of loyalty, obedience, disclosure, confidentiality, diligence, and accounting all run to the seller, not to you. Under Tennessee Code § 62-13-401, an agency relationship only exists when there is a signed written bilateral agreement.² Without one between you and the agent, they are legally a "facilitator", not your advocate.

TREC-approved guidance makes this explicit: "There is nothing in Tennessee law that prevents a seller's agent from assisting an unrepresented buyer, completing an offer to purchase for the buyer, presenting that offer, etc., while the licensee remains a seller's agent, as long as the buyer knows that the licensee represents the seller."⁴ But the same guidance warns that "there can be a fine line between merely providing information to an unrepresented buyer as opposed to interacting with them in such a way that it may reasonably appear that the seller's agent is assuming representation."⁴

Tennessee also enforces a "one hat" rule: a licensee can only hold one agency status per transaction. A listing agent cannot simultaneously serve as the seller's agent and act as a neutral facilitator for you on the same property.⁴

In practical terms: the listing agent can answer factual questions about the property, explain the offer process, and transmit your offer to the seller. They cannot advise you on what price to offer, how to structure terms in your favor, or whether the deal is good for you. That's the line.

For a full breakdown of what you'd be giving up, and what you need to replace it, see our complete guide to buying without a buyer's agent.

Question 1: "Who Do You Represent in This Transaction?"

Ask this before anything else. Don't assume the answer, ask for it in writing.

Tennessee Code § 62-13-405 requires the listing agent to verbally disclose their role before providing any real estate services to an unrepresented party, and to confirm that disclosure in writing before preparing any offer to purchase.¹ Don't wait until you're signing paperwork. The first time you contact a listing agent about a property, say: "Before we go any further, can you confirm your representation status in writing?"

Two things to watch for:

If they're the seller's agent (most common): Proceed with clear eyes. They can help you navigate the process. They cannot negotiate on your behalf or advise you on price strategy.

If they offer dual agency: This means one agent would represent both you and the seller in the same transaction. Dual agency is legal in Tennessee but requires written disclosure and consent from both parties, and it means the agent cannot provide full fiduciary duty to either side.⁴ You can consent to it, but understand what you're giving up: an agent who is legally prohibited from fully advocating for you.

The answer to this question shapes everything that follows. See our post on buyer-broker agreements for a detailed breakdown of how the "one hat" rule works.

Question 2: "Can You Send Me the Seller's Disclosure Before We Tour?"

Tennessee law requires the seller to provide a Property Condition Disclosure before the purchase contract is accepted.^3,5 But asking for it before you tour, before you're emotionally invested in the home, is a smarter move.

The Tennessee Residential Property Condition Disclosure Act (Tenn. Code Ann. § 66-5-201 et seq.) applies to all 1–4 unit residential properties and requires sellers to disclose all known material defects.^3,5 The form covers:

Roof type, age, and any known leaks or damage
HVAC systems, age, condition, last service date
Foundation, structural elements, and drainage
Plumbing, electrical, and water heater
Water damage history and flood insurance requirements
HOA fees, rules, and assessments
Environmental hazards: radon, asbestos, lead paint
Unpermitted improvements and zoning issues
Sinkholes, injection wells, and soil conditions⁷

How to read the form: "Unknown" answers aren't necessarily red flags, sellers only disclose what they actually know and are not required to hire inspectors or investigate.^5,6 But a pattern of "Unknown" responses on a property the seller has lived in for a decade warrants close attention during your inspection.

Important exemptions: Foreclosures, court-ordered sales, auction sales, new construction with a written warranty, and properties where the seller has not occupied the home within the past three years are exempt from providing a full disclosure.^5,6 In those cases, a disclaimer statement ("as-is") may appear instead.

Federal layer: For homes built before 1978, federal law requires a separate lead-based paint disclosure and gives buyers a 10-day inspection period.⁷

The disclosure is not a warranty. It is the starting point for your inspection contingency, not a substitute for it.

Question 3: "How Long Has This Property Been on the Market, and Has the Price Changed?"

Days on market and price reduction history are two of the most reliable signals of seller motivation, and the listing agent won't bring them up unless you ask.

You can find this information yourself on Zillow or Redfin (look at the listing history tab). But asking the agent directly creates an opening for them to share context that the data alone won't tell you: why the price was reduced, whether there was a contract that fell through, or whether the seller has already purchased elsewhere and is carrying two properties.

The Tennessee market as of early 2026 strongly favors this line of questioning. Homes are spending a median of 90 days on the market, up 11 days year-over-year, and 20.6% of listings have had at least one price reduction.¹² A full 61.8% of Tennessee home sales in August 2025 closed below list price.¹²

Tennessee Market Snapshot (Early 2026)
Statewide median home price	$386,700
Median days on market	90 days
Homes with price reductions	20.6%
Homes sold below list price	61.8%
Homes sold above list price	12.9%

A listing that has been on the market longer than 90 days, or that has already taken one or more price reductions, is a property where the seller has real motivation to move. That's your leverage.

Question 4: "Are There Any Known Issues with the Property Not Covered in the Disclosure?"

This question activates a legal duty that exists independently of the seller's disclosure form, and most buyers don't know to ask it.

Under the Tennessee Real Estate Broker License Act, listing agents have an independent obligation to disclose any "adverse facts" they have actual knowledge of, regardless of what's on the seller's form.⁶ Tennessee defines adverse facts as conditions that:

Significantly reduce the structural integrity of the property
Present a significant health risk to occupants, or
Have a negative impact on the value of the real estate⁶

That third prong is broader than most buyers realize. It's not limited to safety issues, it includes conditions that materially affect what the property is worth.

As Patterson Bray attorneys note: "Even in situations where seller disclosure may be exempt, real estate agents still have a duty to disclose any adverse facts about the property that they're aware of."⁶

Ask it this way: "Beyond what's in the seller's disclosure, are there any adverse facts about this property you're required to disclose to me?" Using the statutory language signals that you know your rights and expect a complete answer.

What this question does not cover: agents are not required to investigate or discover latent defects. Their duty is limited to what they actually know.³ This is exactly why your home inspection remains non-negotiable.

Question 5: "Has This Property Had Any Unpermitted Work Done?"

Unpermitted work is one of the most common, and most expensive, problems unrepresented buyers encounter after closing. Ask about it before you get there.

The Tennessee seller disclosure form specifically asks sellers to disclose remodeling or construction work done without permits or in violation of building codes.⁷ But the seller may not know the full history of work done by previous owners. Ask the listing agent directly: "Is all the work visible in this home permitted, including any additions, finished spaces, accessory structures, or room conversions?"

Then verify it yourself. Tennessee county building departments maintain permit records as public records, and most counties offer online searches. Cross-reference the listing's square footage and features against the county permit history before you make an offer.

The risks of unpermitted work are significant:

Your lender may refuse to fund the mortgage if significant unpermitted improvements are identified during appraisal
Homeowners insurance may exclude unpermitted additions from coverage
If discovered post-closing, you as the new owner may be required to bring the work up to code, or demolish it, at your own expense

If unpermitted work is present, it becomes a negotiating point: either the seller corrects it before closing, or the price should reflect the cost and risk you're absorbing.

Question 6: "What Have Comparable Homes Nearby Sold for Recently?"

The listing agent cannot tell you what to offer. But they can share factual market data, and this question forces them to do exactly that.

The distinction matters. "You should offer $340,000" is advice, a violation of their fiduciary duty to the seller. "Comparable homes in this neighborhood have sold for $320,000–$350,000 over the past 90 days" is factual information they can share.⁴ Ask for the latter.

Then verify it yourself. Use Redfin or Zillow's "recently sold" filter and match on:

Location within 0.5 miles
Square footage within 20%
Same bedroom and bathroom count
Similar year built and condition
Closed sale prices, not active listings, not pending

Also check the Tennessee Property Assessment Data portal at assessment.cot.tn.gov for tax assessments and officially recorded sale prices by county.

One key adjustment for the current market: use 90 days of comparable sales, not six months. Tennessee prices have flattened and inventory has risen, older comps from a hotter market will overstate today's value.

The broader context reinforces your position: only 12.9% of Tennessee homes sold above list price as of February 2026.¹² That means in nearly 9 out of 10 transactions, the seller accepted at or below list. That's not a soft market, that's a market where confident, prepared buyers have room to negotiate.

Our complete guide to buying without a buyer's agent walks through the full comparable sales process step by step.

Question 7: "Is the Seller Offering Any Concessions to the Buyer?"

Since August 2024, sellers can no longer advertise buyer-agent compensation on the MLS, but concessions haven't disappeared, they've just become less visible.^10,11 You have to ask.

Unrepresented buyers have a structural advantage here. You're not asking the seller to fund a 2.5–3% buyer-agent commission on top of everything else. That commission savings can often be redirected toward your closing costs, the seller's net proceeds stay roughly the same, and you walk away with real money back.¹¹

Seller concessions can cover:

Loan origination fees
Appraisal and inspection fees
Title search and title insurance
Prepaid property taxes and homeowners insurance
Home warranty
Mortgage rate buydown

One important limit: concessions cannot be applied to your down payment. They cover closing costs and transaction fees only.

Concession caps are set by your loan program, not Tennessee law:

Loan Type	Max Seller Concession
Conventional (< 10% down)	3% of purchase price
Conventional (10–24.99% down)	6%
FHA	6%
VA	4% + normal closing costs
USDA	6%

For a full breakdown of how to structure a concession ask and when to use one, see our Tennessee seller concessions guide.

Question 8: "Are There Other Offers on This Property?"

Whether or not you're competing against other buyers determines everything about how you structure your offer. Ask the question, even though the answer isn't guaranteed.

Under NAR Standard of Practice 1-15, listing agents may disclose the existence of competing offers, but only with the seller's explicit permission.^8,9 They cannot share the terms, amounts, or identities of other buyers under any circumstances.

As one analysis of NAR SOP 1-15 puts it: "Buyers have no automatic right to know about competing offers, the seller controls what gets shared."⁹

Here's how to interpret the responses you'll get:

"I'm not authorized to disclose that": Don't read this as a yes. It may simply mean the seller hasn't given permission to share. Don't assume a bidding war and overbid unnecessarily.

"Yes, there are other offers": Now you know. Put your strongest reasonable offer forward and request a clear deadline for highest and final submissions so you understand your window.

One thing to never do: Don't push the listing agent to reveal terms of other offers. It puts them in a legally exposed position, and it won't help you, NAR's own guidance notes that sellers may share your offer details with competing buyers to drive up bids.⁸ Put your best offer forward and let it stand.

Question 9: "What Is the Seller's Preferred Timeline and Are There Terms That Matter to Them?"

Price is one dimension of an offer. Timeline and terms are others, and they cost nothing to ask about.

The listing agent cannot negotiate on your behalf or advise you how to win. But they can relay factual information about the seller's situation: whether the seller has already closed on another property, whether they need a leaseback, or whether there's a family timeline driving the sale. That information is valuable, and asking for it is entirely within the rules.⁴

Why this matters in dollar terms: matching a seller's preferred closing date when they've already vacated the property, and are paying two mortgages or carrying costs, can make your offer meaningfully more attractive without any change to the price. It costs you nothing and can be worth thousands in goodwill.

Ask specifically:

"Is there a preferred closing date?"
"Is the seller looking for a quick close, or do they need more time?"
"Is the seller open to a rent-back arrangement after closing?"

On contingencies: every contingency you include is a real protection, don't waive them casually. But present them clearly. A well-structured inspection, financing, and appraisal contingency with firm deadlines signals a serious buyer. A vaguely worded contingency with no timeline signals inexperience.

One Tennessee-specific reminder: there is no mandatory attorney review period after signing. Once all parties execute the contract, it is binding.⁴ This is another reason to have a real estate attorney review your purchase agreement before you submit it, not after.

Question 10: "What Is the Process for Submitting an Offer, and What Happens After?"

When you're unrepresented, you own the entire process. No one is managing your deadlines, chasing your lender, or catching paperwork errors. This question gives you the roadmap before you need it.

The listing agent can walk you through the mechanics without advocating for you:⁴ what form Tennessee Purchase and Sale Agreements use, how and where to submit, how long the seller has to respond, and what the typical counter-offer process looks like.

Use this conversation to lock in a clear picture of the following timeline:

Earnest money: Typically 1–2% of the purchase price, paid within 1–3 days of contract execution and held in escrow. If you exit under a valid contingency and submit the required written notice on time, the title company must return your deposit within 21 days of a signed mutual release.
Financing application: Typically must be submitted within 3 days of contract execution, missing this deadline can jeopardize your financing contingency.
Home inspection window: Typically 7–14 days. Book your inspector before you make an offer, not after, inspectors in Tennessee's active markets can run 1–2 weeks out.
Disclosure review: You typically receive the seller's disclosure within 3 days of contract acceptance and have approximately 14 days to review it before deciding how to proceed.⁷

Two other things to confirm in this conversation:

Attorney review: Tennessee does not require an attorney at closing, but for unrepresented buyers, paying $500–$1,500 for an attorney to review your purchase agreement before submission is the single most important protective step in the entire process. Not after you sign, before.

Title company: Tennessee buyers have the right to choose their own title company. The listing agent or seller cannot require you to use a specific one. Name your preferred title company in the contract.

Our step-by-step buying guide covers the full process from offer through closing in detail.

Quick Reference: What You Can and Cannot Ask a Listing Agent

Question	Listing Agent Can...	Listing Agent Cannot...
Who do you represent?	Confirm their role in writing	Claim to represent you without a written agreement
Seller's disclosure	Provide the completed form	Withhold known adverse facts
Days on market / price history	Share factual listing history	Advise you how to use it strategically
Issues beyond the disclosure	Disclose adverse facts they know	Ignore known health or value defects
Unpermitted work	Share what's on the disclosure	Guarantee all work is permitted
Comparable sales	Share market data	Tell you what to offer
Seller concessions	Confirm what the seller is offering	Negotiate on your behalf
Competing offers	Confirm existence (with seller permission)	Share terms, amounts, or buyer identities
Seller's timeline and terms	Relay factual seller preferences	Advocate for terms that benefit you
Offer process	Explain the mechanics and timeline	Advise on your offer strategy

How BuyUnrepped Helps

The listing agent can answer your questions. What they cannot do, by law, is advocate for you, advise you on price, or protect your interests in the negotiation. That gap is real, and it's exactly what BuyUnrepped was built to fill.

On Tennessee's median home at $386,700, eliminating the buyer's agent commission saves $11,000–$12,000.^11,12 That's money you can redirect toward closing costs, a rate buydown to reduce your monthly payment, or a larger down payment that eliminates PMI. But capturing those savings requires having the right tools in place.

BuyUnrepped gives Tennessee buyers what the listing agent cannot:

Tennessee-specific purchase agreement templates that protect your interests from day one, not contracts drafted by the seller's side
Comparable sales data and closing cost calculators to replace the market analysis a buyer's agent would provide
Step-by-step closing coordination so inspection deadlines, financing windows, and contingency notices don't slip
Flat-fee pricing: no 2.5–3% commission, no percentage-based surprises

The listing agent is not your enemy. They are simply not your advocate. BuyUnrepped is.

See how much you could save on your specific purchase or check out our pricing to get started. Have questions? Reach out to our team, we're happy to help.

Going into any listing agent conversation with these 10 questions gives you the information you're legally entitled to receive. You don't need a buyer's agent to have a professional transaction. You need to know the rules, ask the right questions, and protect your own interests at every step.

The listing agent works for the seller. That's the rule of the game, and knowing it is how you play well.

See how much you'd save on your specific purchase →

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