A listing agent represents the seller of a home; a selling agent is the industry and MLS term for the agent who brings the buyer to that sale, which is why most people simply call that person the buyer's agent. In Murphy, NC and across Cherokee County, both roles carry extra weight, because a mountain sale involves well and septic, surveys, private roads, TVA dock permits and clients who often live out of state. I'm Bonnie DuPree, a REALTOR® with RE/MAX Town & Country in Murphy, and I've guided both sides of these transactions here since 2007; in this guide I explain what each agent does and how North Carolina agency works.
Key Takeaways
- The listing agent works for the seller. The selling agent, usually called the buyer's agent, works for the buyer.
- "Selling agent" is an MLS label for the agent who produced the buyer, not the agent selling your house.
- In North Carolina, brokers review the Working with Real Estate Agents disclosure at first substantial contact, and it does not by itself create an agency relationship.
- North Carolina requires listing agreements in writing when formed and buyer agency agreements in writing no later than the time an offer is made; under MLS practice rules, most REALTORS® ask buyers to sign before touring.
- On a TVA lake such as Hiwassee Lake, the dock permit does not transfer automatically, so both agents have work to do before closing.
What is the difference between a listing agent and a selling agent?
The listing agent is the licensed broker a homeowner hires, through a written listing agreement, to market and sell the property, and that agent's loyalty and confidentiality run to the seller. The selling agent is the broker whose client buys the home. The word "selling" comes from MLS records, where the agent who produced the buyer is credited with the sale; in conversation, that person is the buyer's agent.
Here is where the confusion starts. A seller will often say "my selling agent" when they mean the agent listing their house, but on paper that phrase points to the other side of the table. I see this mix-up regularly with out-of-state owners handling a Cherokee County sale from afar, and it matters, because who represents whom shapes what you should share. If you're still sorting out who to call in the first place, my guide to starting a home search near Murphy, NC is a good first step. In North Carolina every licensee is a broker or provisional broker, so "agent" and "broker" mean the same professional here.
What does a listing agent do in a Murphy, NC sale?
In the mountains around Murphy, Andrews and Brasstown, a listing agent's job starts with paperwork most sellers didn't know they had. A seasoned listing agent, particularly one holding the CLHMS (Certified Luxury Home Marketing Specialist) designation for higher-end property, typically handles:
- Pricing and positioning against recent sales with similar view, road access, acreage and water, not just square footage.
- Records: septic permit details, well information, the latest survey and recorded easements.
- Road access: state-maintained or private road, and whether a recorded road maintenance agreement exists.
- Jurisdiction: inside the Town of Murphy limits with city water and sewer, or in unincorporated Cherokee County on well and septic.
- Marketing and showings timed to the season, including October leaf traffic along US-64 and US-74.
- Negotiation and contract-to-close through inspections, appraisal and closing.
Waterfront adds a layer. TVA's guidance for waterfront sales says all shoreline construction needs TVA approval and a Section 26a permit does not automatically transfer. A careful listing agent has the seller locate that permit and compare it to what is actually on the shoreline before the home goes live, a step the Lake Hiwassee guide covers in depth, since most of that lake's shoreline is permanently protected Forest Service land.
What does a selling (buyer's) agent do for a Murphy-area buyer?
The buyer's agent represents your interests: finding the right property, writing the offer and steering due diligence. The Accredited Buyer's Representative (ABR) designation exists for this side of the transaction, and it fits a market where many buyers are relocating or buying a second home from another state. Day to day, that looks like:
- Scheduling well and septic inspections early, since they most often reshape a mountain deal. The guide to well and septic on mountain homes near Murphy, NC walks through each one.
- Reading the survey for boundaries, easements and whether the driveway sits on the lot.
- Confirming who maintains the road and what winter access looks like on a steep grade.
- For lakefront, noting that TVA asks new owners to apply for a Section 26a permit within 60 days of closing.
- Checking internet options address by address, since service changes road to road.
Murphy sits roughly two hours from Atlanta, Chattanooga and Asheville by car, so a buyer's agent often becomes the eyes on the ground: video walkthroughs, photos of the road in the rain, and an honest read on a slope that looks gentle in listing photos. For a feel for the town itself, see how I'm welcoming fall this weekend in Murphy, NC.
Listing agent vs. selling agent: how do the roles compare?
Side by side, the two roles mirror each other from different chairs.
| Listing agent | Selling (buyer's) agent | |
|---|---|---|
| Represents | The seller | The buyer |
| NC agreement | Written listing agreement from the start | Written buyer agency agreement, no later than the offer |
| Core job | Price, prepare, market and negotiate the sale | Search, evaluate, write the offer and negotiate the purchase |
| Mountain paperwork | Gathers septic records, survey, road agreement, TVA permit | Tests and verifies those same items during due diligence |
| Out-of-state clients | Manages access, vendors and showings for an absent owner | Previews homes and roads for a buyer who can't be there |
| Relevant designation | CLHMS for luxury listings | ABR for buyer representation |
How does agency work in North Carolina?
North Carolina is specific about representation, and the North Carolina Real Estate Commission (NCREC), the state agency that licenses brokers, publishes the rules. Five points matter in Cherokee County:
- The Working with Real Estate Agents disclosure comes first. A broker must review it with you at first substantial contact, before you share confidential details. Signing it only acknowledges receipt; it is not a contract.
- Listing agreements are written from the moment they're formed.
- Buyer agency agreements must be in writing and signed no later than the time an offer is made. Under NAR/MLS practice rules, most REALTORS® will ask you to sign a written agreement before touring homes.
- Dual agency means one firm represents both buyer and seller, and it requires written consent from both.
- Designated dual agency lets a firm with that policy assign a separate broker to each client, with written authorization.
Property in Union, Fannin or Towns County, Georgia falls under Georgia's own rules. This is general information, not legal advice; for a specific agreement, talk with a North Carolina real estate attorney.
How does The DuPree Real Estate Group divide listing and buyer roles?
I built my team, The DuPree Real Estate Group, on a "One Thing" model: each member specializes in one part of the transaction, whether listing, buyer service, marketing, negotiation or contract-to-close. Sellers work with a listing specialist focused on preparing, pricing and marketing a mountain or lake property; buyers work with a buyer specialist focused on the search and due diligence. When both clients are on the team, North Carolina's written-consent rules apply, and where the firm's designated agency policy applies, each specialist stays with their client. I set our team's standards, and you can read how our One Thing team model works.
How do you choose the best REALTOR® in Murphy, NC?
Whichever side you're on, the right agent knows this ground, not just the paperwork. Ask:
- How long have you worked Cherokee and Clay counties and the Georgia line?
- Which designation fits my side of the deal, such as ABR for buyers or CLHMS for luxury sellers?
- Can you explain TVA shoreline permits on Hiwassee Lake, Apalachia Lake and Lake Chatuge?
- How do you handle well, septic, survey and road questions before they become problems?
- How will you communicate if I'm out of state with a lease ending or a job start date?
Specific answers, about Nantahala National Forest boundaries or a recorded road agreement versus a handshake, signal someone who works this market daily.
Frequently Asked Questions
What's the difference between a listing agent and a selling agent?
A listing agent represents the seller and markets the property. A selling agent is the MLS term for the agent who brings the buyer, and that person is usually called the buyer's agent.
Is the selling agent the same as the buyer's agent?
Usually, yes. In North Carolina the agent who brings the buyer typically represents that buyer under a written buyer agency agreement, although seller subagency is possible with the written consent of both parties.
Do I have to sign a buyer agency agreement in North Carolina?
Yes, if you want a broker to represent you as a buyer. North Carolina requires buyer agency agreements to be in writing and signed no later than the time an offer is made, and many buyers sign earlier.
Can one agent represent both the buyer and the seller in North Carolina?
Dual agency is allowed in North Carolina only with the informed, written consent of both clients. Firms with a designated dual agency policy can instead assign a separate broker to each side, also with written authorization.
What is the Working with Real Estate Agents disclosure?
It is a North Carolina form a broker must review with you at first substantial contact. It explains the types of agency relationships and cautions you about sharing confidential information, and signing it is not a contract.
Do TVA dock permits transfer when a Murphy lake home sells?
No. TVA says Section 26a permits do not automatically transfer, and a new owner should apply for a permit in their own name within 60 days of closing.
Your Local Expert
I'm Bonnie DuPree, REALTOR®, founder of The DuPree Real Estate Group at RE/MAX Town & Country. Based in Murphy, NC — the county seat of Cherokee County — I've worked this market since 2007. I hold the ABR (Accredited Buyer's Representative), CLHMS (Certified Luxury Home Marketing Specialist) and RSPS (Resort & Second-Home Property Specialist) designations. My specialist team serves Cherokee, Clay and Graham counties in North Carolina and Union, Fannin and Towns counties in Georgia, with each member focused on one part of your transaction.
Talk through your side of the table
Whether you're preparing to list near Hiwassee Lake or searching from three states away, knowing who represents you is the first clear step. When you're ready, reach out to me directly for a no-pressure conversation about your plans.
Or take your time and browse current Murphy, NC listings to see what's on the market this fall.
The DuPree Real Estate Group is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity. Bonnie DuPree, REALTOR® · RE/MAX Town & Country · Each Office Independently Owned and Operated.


