You can legally contact a listing agent directly in both Minnesota and Wisconsin, but that agent works for the seller, not you. Whether hiring your own buyer’s agent is worth it depends on which side of the St. Croix the home sits on, because the two states run agency law differently.
That last part surprises a lot of people. A buyer standing in Stillwater and a buyer standing across the river in Hudson are looking at the same kind of house, sometimes the same commute, but two separate rulebooks for who owes them loyalty and confidentiality.
So before you dial the number on that yard sign, it helps to know what you’re actually signing up for. If you’ve ever wondered whether you even need your own agent when the listing agent already has the keys, a Stillwater, MN real estate agent can walk you through the difference before you say anything you can’t take back. And in Minnesota, what you say matters more than most buyers realize.
Who Does the Listing Agent Actually Work For?
The seller. Every time.
When you call the agent whose name is on the sign, that person was hired by the homeowner to get the best possible outcome for the homeowner. That includes the highest price and the terms that favor their client. You can absolutely tour the home and ask questions. You just aren’t being represented while you do it.
Here’s where the two states split.
In Minnesota, until you sign a written representation contract, you’re treated as a customer, not a client. Minn. Stat. § 82.67 requires the agent to hand you an agency disclosure form at your first serious conversation. That form spells out that you get no representation until you sign. Until then, the licensee acts as a “facilitator” unless they’re representing another party.
And this is the fact most buyers miss: if a broker is working with you as a customer while also representing the seller, that broker must act in the seller’s best interest and must tell the seller anything you disclose, except confidential information picked up in a facilitator relationship. Translation: in Minnesota, what you tell the listing agent can travel straight to the seller.
Say you mention you’d go higher, or that you’re on a tight closing deadline. That’s now negotiating information the other side may have.
What Is a Facilitator in Minnesota Real Estate?
A facilitator is a licensee who helps a transaction move forward without representing either the buyer or the seller as a client. Think of a neutral helper who can share facts and handle paperwork but won’t advise you on strategy or fight for your price.
It’s a real, defined role in Minnesota law, and it’s rarely explained clearly anywhere online. If you’re touring homes without a signed agreement, a facilitator relationship is often the box you’re standing in without knowing it.
One honest counterpoint worth stating: even a seller’s broker in Minnesota must disclose material facts under § 82.68, subd. 3 that could seriously affect your use or enjoyment of a property. So you’re not left completely in the dark. You’re just not being advised.
The Cross-Border Twist: Which Side of the River Are You On?
This is the part no other local page seems to address, and it’s the whole reason we wrote this.
Wisconsin doesn’t use the term “dual agency” at all. It uses multiple representation, with or without designated agency. That difference is not just wording. It changes who fights for you.
- In Minnesota dual agency, when one broker holds both sides, neither party gets exclusive advocacy. Price, terms, and motivation stay confidential unless someone gives written permission to share.
- In Wisconsin designated agency, two different agents inside the same firm can each represent one side. Each client still gets real information, opinions, and advice, even advice that gives them an edge over the firm’s other client.
So the same “one company represents both of us” situation plays out in opposite ways depending on the state. On the Minnesota side, everyone goes neutral. On the Wisconsin side, with a designated agency, you can still have someone in your corner.
Two decisions, one phone call.
Minnesota vs. Wisconsin Agency Rules at a Glance
| What you’re comparing | Minnesota | Wisconsin |
| Term when one firm holds both sides | Dual agency | Multiple representation (with or without designated agency) |
| Consent required | Written informed consent of all parties, stated in the purchase agreement in boxed language | Written consent from all clients; separate written consent for designated agency, which a client can withdraw anytime in writing |
| Does anyone advocate for your price? | No. The broker can’t advocate exclusively for either side | With a designated agency, yes, separate agents advocate. Without it, the firm stays neutral |
| What an unrepresented buyer is owed | Customer/facilitator status; the agent must still disclose material adverse facts | “Customer” duties under § 452.133(1): honest service, reasonable care, market info on request, disclosure of material adverse facts, and confidentiality |
Wisconsin’s agency statutes were amended through the 2025 legislative sessions, so it’s smart to confirm the current forms with a Wisconsin-licensed agent before you rely on any single detail.
Do You Have to Sign Anything Just to See a House?
Short answer: it depends on who’s showing it to you.
Under the NAR settlement rules that took effect August 17, 2024, an agent must have a written agreement with you before working with you as your buyer’s agent. But a broker who simply gives an unrepresented buyer access to a home they’ve listed is not “working with” you in that sense. Hosting an open house or letting you tour on the seller’s behalf doesn’t trigger a written buyer agreement.
So you can call the listing agent and see the home without signing. The moment you want someone representing you, though, that’s when a signed buyer’s agent representation agreement comes into play.
Interesting side note: Minnesota was ahead of this national change. Minn. Stat. § 82.66 already required a signed, written buyer’s broker agreement before an agent could act as your representative, years before the settlement made it a nationwide rule.
Who Pays the Buyer’s Agent Now?
This is the money question, and the honest answer is that it’s negotiable.
Before the settlement, sellers were effectively required to offer buyer-agent compensation as a condition of listing, with the number posted on the MLS. The August 2024 settlement ended that. Offers of compensation can no longer appear on MLS platforms, but sellers can still choose to pay a buyer’s agent. It’s now handled deal by deal.
Did skipping a buyer’s agent make homes cheaper? The data says commissions didn’t fall. Redfin reported the average U.S. buyer’s agent commission was 2.43% in Q2 2025, up from 2.38% a year earlier, the third quarterly increase in a row since the new rules kicked in. That’s a national average, not a quote for your deal. Your number gets set by negotiation with a licensed agent.
One practical flag before you assume anything: if a seller-paid fee or credit could be worked into your loan, ask your lender first. Loan rules vary, and that’s a lender question, not a guess.
Thinking about a home on one side of the river but not sure how the fee structure changes across the state line? Our team is licensed in both Minnesota and Wisconsin, so we can lay out both sets of rules on one call before you commit to anything.
Are More Buyers Really Skipping Agents?
A few are. Most aren’t.
Researchers Jefferson Duarte and David Zhang found unrepresented buyers rose about 1.7% nationally after the settlement (1.9% in states that hadn’t already required buyer contracts). But here’s the twist in their findings: agents with five or more years of experience gained market share, about 2.1% with sellers and 1.2% with buyers. The change nudged consumers toward experienced agents, not away from them.
The bigger picture from NAR’s 2025 Profile of Home Buyers and Sellers, released November 2025, backs that up:
- 88% of buyers purchased through an agent or broker, making agents the most-used and most-trusted information source, ahead of online listings.
- More than half of buyers said their agent pointed out features or flaws they’d missed, and 76% of first-time buyers said their agent helped them understand the process.
- 91% of sellers used an agent, a record, while only 5% sold on their own, the lowest share ever recorded.
- FSBO homes sold at a median of $360,000 versus $425,000 for agent-assisted sales. That’s a correlation, not proof of cause, but it’s NAR’s own comparison.
The Consumer Federation of America, a consumer watchdog rather than an industry group, has warned that the risk is highest when a buyer agrees to be only a customer of the listing agent, because that agent is obligated to advance the seller’s interests. Their research has also flagged that buyers can end up paying more when a single agent handles both sides. — paraphrased from the Consumer Federation of America
For balance, that same group has urged states allowing designated agencies to tighten their rules, noting a designated agent can feel loyal to the listing agent who brought in the income. No setup is perfect, and it’s fair to say so.
NAR’s Deputy Chief Economist Jessica Lautz has described agents as indispensable in today’s complicated housing market, pointing to their expertise, negotiation skill, and support during what is often the largest financial decision of a person’s life. — paraphrased from Jessica Lautz, NAR
The Dave Reed Two-State Check
Before you decide, run through four quick questions. We call it our two-state check, and it works whether the home is in Oak Park Heights or North Hudson.
- Which state is the property in? Minnesota and Wisconsin follow different agency frameworks.
- Who does the agent legally work for? If it’s the listing agent, the answer is the seller.
- What form am I being asked to sign? Agency disclosure, customer notice, or a buyer representation agreement? Each means something different.
- Who advocates for my price? In Minnesota dual agency, nobody does. In Wisconsin designated agencies, someone can.
If you can’t answer all four with confidence, that’s your signal to talk to an agent licensed in that specific state before you make an offer.
Local conditions add weight to that. Over the three months ending May 2026, Washington County, MN homes sold at a median around $429,000, roughly flat year over year, moving in about 22 days (Redfin). Across the river, St. Croix County, WI ran hotter, with a median near $434,000 in March 2026, up about 13% year over year (Redfin). Same region, very different negotiating environments, and different agency laws at the same time.
FAQ
Does the listing agent represent me if I call them about their home? No. That agent was hired by the seller and owes loyalty to the seller. You can tour and ask questions, but you’re a customer, not a client, until you sign your own agreement.
Will the listing agent tell the seller what I say? In Minnesota, often yes. A broker working with you as a buyer-customer while representing the seller must relay what you disclose to the seller, under § 82.67. So be careful sharing your top number or your timeline.
Do I have to sign a buyer agreement just to see a house? Not to tour with the listing agent or at an open house. But under the NAR settlement rules effective August 2024, you do need a signed agreement before a buyer’s agent works with you and shows you homes as your representative.
Can one agent represent both the buyer and seller in Minnesota? Yes, through dual agency, but only with written informed consent from all parties, stated in the purchase agreement. It also limits advocacy, so no one fights exclusively for your price.
Is dual agency legal in Wisconsin? Wisconsin uses multiple representation instead. With designated agency, separate agents in the same firm can each represent one side, and that consent can be withdrawn in writing at any time.
Will I actually save money by skipping a buyer’s agent? There’s no credible study showing net savings, and commissions have returned to roughly pre-settlement levels. Because so much depends on your specific deal and state, this one is worth confirming with a licensed agent rather than assuming.
Talk It Through Before You Pick Up the Phone
The frustrating truth is that the correct forms and consents literally can’t be chosen until you know which state the home is in and how the brokerage operates. That’s not a detail you want to figure out mid-offer.
At The Dave Reed Real Estate Team, we’re licensed in both Minnesota and Western Wisconsin, so we can explain both rulebooks side by side and help you decide whether calling the listing agent or bringing your own representation makes sense for your situation. Reach us at (651) 230-0251 or stop by our Stillwater office at 6770 Stillwater Blvd #100. One call can save you a lot of second-guessing later.
About the team: The Dave Reed Real Estate Team is led by David Reed and Molly Dandelet, with more than 28 years of combined experience serving Stillwater, Hudson, St. Paul, and the wider St. Croix Valley. David is licensed in both Minnesota and Wisconsin, a multi-million-dollar producer, and a consistent top performer in his RE/MAX Results office, with a focus on contract negotiation and staying current on real estate law. His homebuilding background sharpens his eye for property value, while Molly’s organizational management keeps every transaction on track.
