The agent is invoicing commission after the appointment was withdrawn, the buyer was sourced independently, the marketing was charged outside the agreement, or the agency agreement itself was non-compliant. They are threatening default action.
The legal context
Real estate agents are licensed and regulated by state-based authorities — Fair Trading NSW, Consumer Affairs Victoria, OFT Queensland, CBS SA, Consumer Protection WA, CBOS Tasmania, Access Canberra, and Consumer Affairs NT. Each state’s Property and Stock Agents legislation imposes strict requirements on agency agreements, disclosure of fees, and the form of authorities. A non-compliant agency agreement is often unenforceable against the consumer.
The Australian Consumer Law also applies: section 18 (misleading conduct), section 60 (due care and skill) and the unfair contract terms regime in Part 2-3.
Common pushbacks and why they fail
- “You signed the agency agreement.” If the agreement does not meet the form prescribed by your state’s Act, it may be unenforceable.
- “We introduced the buyer.” “Effective cause of sale” is a factual question; mere introduction is often not enough.
- “Marketing fees are non-refundable.” They must have been authorised and substantiated.
- “You owe commission even though you withdrew the listing.” Depends on the state, the form of agreement, and the timing.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Want a copy by email? (optional)
The Letter of Demand approach
The Letter of Demand identifies the agency agreement, the disputed commission or fees, the relevant state Act provisions, the ACL sections engaged, and a 14-day deadline. It names the state Fair Trading body and your state tribunal as the escalation path.
What Claim Done delivers
- Agency, agreement date, property and amounts in dispute
- The defects in the agreement or the commission claim
- Citation of state agency law and ACL provisions
- Refund or write-off claimed
- 14-day deadline with named escalation
- Sent as a PDF for a flat $49
What to expect after
Many agents withdraw the claim once they receive a properly drafted letter that exposes the weakness in their position. If not, escalate to your state’s Fair Trading authority and file in NCAT, VCAT, QCAT, SACAT, SAT, ACAT or NTCAT.
Send a formal Letter of Demand. Done in about 5 minutes.
No card until the end. No subscription.
What happens when you send a Letter of Demand
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Letter of Demand drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Letter of Demand from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=letter-of-demand. Claim Done is not a law firm and does not give legal advice.
How much does a Letter of Demand cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Letter of Demand in Australia?
No. There is no legal requirement to use a solicitor to write or send a Letter of Demand; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Letter of Demand template doesn't?
It drafts the Letter of Demand from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.