Before you sign a real estate agent’s agreement, check the commission in dollars, every marketing cost you pay even if the home does not sell, the exclusive period, how you can end it, and any commission still payable after it ends. Exclusive periods are capped at 90 days in Queensland and South Australia and 120 days in Tasmania; NSW has no set limit. NSW is the only state where we confirmed a cooling-off period on the agreement itself (until 5pm the next business day or Saturday). The rules differ by state: see the tables below.
Prepared by Claim Done from each state and territory’s real estate agents legislation, codes of conduct and official Fair Trading, Consumer Affairs and Consumer Protection pages, all listed under Sources. Last checked 8 November 2026. The NSW legislation website could not be read, so NSW points rest on NSW Fair Trading pages; where we could not confirm a rule, we say “Not confirmed” or “None found”.
Real estate agent agreement: what to check
- Commission. The rate or fixed fee, whether GST is included, the dollar figure at the agent’s estimated price, and exactly when it becomes payable (exchange, unconditional or settlement).
- Commission if the sale falls over. Whether you still pay if the contract does not complete. NSW agreements must carry a warning if so.
- Marketing and other expenses. Every cost, any maximum, and whether you pay it even if the property does not sell.
- Rebates. Whether the agent gets a discount or commission on the advertising you pay for, and how much.
- The term. Sole, exclusive or open; the end date; and how either side can end it.
- Commission after it ends. Any clause giving the agent commission for a later sale to a buyer it introduced.
- The price estimate. Whether it is backed by comparable sales and in the form your state requires.
Exclusive agency period and ending the agreement
| State | Maximum or default term | Can I end it early? |
|---|---|---|
| NSW | “There is no minimum or maximum set term” (NSW Fair Trading) | Per the agreement. End it in writing before signing with another agent, or both may charge commission |
| VIC | If no period is stated on an exclusive authority: 30 days after the auction, or 60 days after signing for a private sale (CAV) | CAV says you cannot cancel during the period unless the agent agrees |
| QLD | Sole or exclusive: 90 days maximum; a longer term makes the appointment ineffective (ss 103, 112) | After the end date it may continue as an open listing either side can end at any time (s 108). A reappointment is at most 90 days, signed no earlier than 14 days before the term ends (s 110) |
| WA | None found | Per the agreement |
| SA | 90 days maximum (s 20; reg 18). Extendable once only | If the agent gives no notice of expiry, the agreement ends on its expiry date. You can end an extension at any time without reasons (s 20(6e)) |
| TAS | Not valid beyond 120 days, unless the agent is engaged by a developer (s 44(10)) | Either party may end it on not more than 30 days’ written notice (s 44(9)) |
| ACT | A fixed term over 90 days must let you end it | On 30 days’ written notice after day 90, without penalty (Regulation sch 4 s 4.3) |
| NT | None found | A fixed term cannot be ended early unless the agent agrees; with no fixed term, the agreement must say how it ends (nt.gov.au) |
Exclusive usually means you pay commission even if you, or another agent, find the buyer during the term. In Queensland the law spells this out: an exclusive agent is paid whether or not it is the effective cause of the sale, while a sole agent is not paid if you were (s 23).
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Can I sack my real estate agent?
Yes in some states, on notice; in others you may be locked in until the term ends.
- Tasmania: either side can end the agreement on no more than 30 days’ written notice.
- ACT: if the fixed term is over 90 days, you can end it on 30 days’ notice after day 90 without penalty.
- South Australia: the term cannot exceed 90 days, and you can end any extension at any time.
- Queensland: the exclusive term cannot exceed 90 days; after it ends, an open listing can be ended by either side at any time.
- Victoria and the NT: the regulators say you cannot end a fixed term early unless the agent agrees.
- NSW and WA: it depends on the agreement’s termination clause.
Whatever the state, end the old agreement in writing before you sign with a new agent. NSW Fair Trading, the NT Government and the ACT’s required warning all say you may otherwise pay two commissions.
Commission after the agreement ends
| State | Can the agent still claim commission? |
|---|---|
| NSW | An exclusive agent may be entitled to commission if the property later sells to someone who started negotiating with it (NSW Fair Trading) |
| VIC | Per the contract terms |
| QLD | The appointment may roll over to an open listing (s 108(3)) |
| WA | Consumer Protection says agreements often allow commission for a sale within a set period after the exclusive period to buyers introduced during it |
| SA | The agreement must say when commission is earned, including sales not wholly due to the agent (reg 18) |
| TAS | Only for a sale within 90 days after expiry to a buyer the agent introduced or showed, where that was the effective cause, and not if another valid appointment covers the sale (s 45) |
| ACT | Per the contract. No commission if the buyer rescinds in cooling-off or under a statutory condition |
| NT | Per the contract |
Cooling-off on the agency agreement
NSW is the only state where we confirmed a cooling-off period on the agreement itself. It starts when you sign and ends at 5pm on the next business day or Saturday, and the agent cannot charge you anything for an agreement correctly rescinded (ss 59, 60). It can be waived only if the agent gave you the unsigned agreement and the waiver form at least one business day before you signed. Victoria has none: CAV says “You do not have a cooling-off period” after signing a sales authority. In the other states none was found.
Commission, expenses and rebates
| State | What the law requires |
|---|---|
| NSW | Services, fees, when commission is payable, and the source and estimated amount of every rebate on expenses; without that disclosure the agent is not entitled to expenses (s 57). A signed copy within 48 hours, or no commission or expenses (s 55) |
| VIC | You must be told commission is negotiable before signing, and a percentage fee must also be shown in dollars at the reserve price (s 49A). Rebates must be passed to you, expenses cannot be marked up, and unpaid rebates are recoverable as a debt (ss 48A, 48B, 48E). Breach means no commission (s 50) |
| QLD | Approved form with a “seek independent legal advice” statement, fees, when payable, authorised marketing expenses and rebates (s 104); otherwise the appointment is ineffective. Percentage commission on the actual sale price only (s 105) |
| WA | Signed written appointment stating how commission is calculated, copy given immediately (s 60). Advertising costs need a written maximum initialled by you (Code r 20). Rebates need full disclosure and your written consent (r 18). Consumer Protection warns you will need to pay marketing costs even if the property fails to sell |
| SA | Services and amounts, and any rebate or benefit, in the agreement (s 20). Expenses at cost, with benefits passed on (s 24D). No commission if the sale contract is rescinded or avoided under the Act (s 23) |
| TAS | Written appointment stating how commission and expenses are calculated (s 44). Benefits over $100 must be disclosed, or the fee is not payable (s 47) |
| ACT | Rebates, discounts, commissions and expenses identified and estimated; signed copy within 48 hours (s 100) |
| NT | Services, fees, the agent’s authority and estimated price (nt.gov.au). The agent must disclose any interest and cannot take fees from others for the same service (Regulations Sch 4) |
Commission is usually negotiable, and in Victoria the agent must tell you so before you sign. We did not confirm a statutory cap on commission in any state. Ask for the figure in dollars, not only as a percentage.
The price estimate and underquoting
- NSW: a price range cannot exceed 10%. From 17 November 2026 the agent must give you written notice of the estimated selling price with evidence before you sign, using comparable sales (for metropolitan homes, all sales within 2 km in the past 6 months), and new advertisements must show a price or range. Maximum penalties rise to $110,000 or three times the commission.
- Victoria: a single figure or a range no wider than 10%, based on the 3 most comparable sales (ss 47A, 47AC). From 1 October 2026, for an auction or fixed-date sale, the agent must ask you in writing for a reserve price and publish it at least 7 days before.
- Queensland: if the agent gives you price information, it must give a comparative market analysis (s 215), and it cannot publish a price guide for an auction (s 216).
- South Australia: the agent’s estimate and your price as single figures, with no “offers over” wording; advertised ranges within 10% (ss 20, 24A).
- Western Australia: a price opinion in writing with reasons and comparable sales (Code r 26).
- ACT and NT: a dishonest estimate is an offence in the ACT (s 88); in the NT the agent must tell you if a price may be below market value.
What our review checks
Upload the agency agreement (sales authority), choose your state, and get a plain-English report from the seller’s side, usually about 5 minutes after you pay. It:
- works out the commission in dollars and every cost you pay, sale or no sale
- flags the exclusive period, how to end it, and any commission still payable after it ends
- checks what the agreement must disclose under your state’s rules, including rebates
- checks the price estimate requirements
- gives you the questions and changes to put to the agent
It is not legal advice. You decide what to sign.
Get your agency agreement reviewed – $29
Questions people ask
What should I check in a real estate agent agreement?
Check the commission in dollars and when it is payable, marketing costs and whether you pay them if the home does not sell, rebates on advertising, the exclusive period and how to end it, and any commission payable after it ends.
How long is an exclusive agency period?
It is capped at 90 days in Queensland and South Australia and 120 days in Tasmania. NSW has no minimum or maximum. In Victoria, if none is stated, it defaults to 30 days after the auction or 60 days after signing for a private sale.
Can I sack my real estate agent?
It depends on your state and the agreement. Tasmania allows either side to end it on up to 30 days’ notice, and the ACT gives a 30-day exit after day 90 of a longer term. In Victoria and the NT you generally cannot end a fixed term early unless the agent agrees.
Can I change agents without paying two commissions?
Only if you end the first agreement properly, in writing, before you sign with the second. Also check for a clause giving the first agent commission on a later sale to a buyer it introduced.
Do I pay marketing costs if my house does not sell?
Often yes, if the agreement says so. Consumer Protection WA warns sellers they will need to pay marketing costs even if the property fails to sell, so check for a maximum and get it in writing.
Is there a cooling-off period on a real estate agent agreement?
In NSW, yes: until 5pm on the next business day or Saturday after you sign, with no fees if you rescind correctly. Victoria has none, and we found none in the other states.
Is real estate commission negotiable?
Usually, yes. In Victoria the agent must tell you before you sign that commission is negotiable, or it cannot recover it. We did not confirm a statutory cap in any state.
What is the difference between sole and exclusive agency?
Under Queensland law, an exclusive agent is paid commission even if you find the buyer yourself, while a sole agent is not paid if you were the effective cause of the sale.
Can my agent keep advertising rebates?
Not in Victoria, where rebates must be passed to you and can be recovered as a debt. In NSW, Queensland, SA and the ACT they must be disclosed in the agreement, in Tasmania benefits over $100 must be disclosed, and in WA they need your written consent.
Can the agent claim commission after the agreement ends?
Sometimes. In Tasmania only for a sale within 90 days to a buyer the agent introduced, where that was the effective cause. In NSW and WA, agreements can give commission for a later sale to a buyer introduced during the term.
What changes in NSW from 17 November 2026?
Agents must give you written notice of the estimated selling price, with comparable sales as evidence, before you sign. New advertisements must include a price or range, and maximum penalties rise to $110,000 or three times the commission.
Is the agreement review legal advice?
No. It is a plain-English report on what the agreement says, what your state’s rules require, and what to ask the agent to change. Claim Done is not a law firm.
Related guides
- How to complain about a real estate agent in Australia
- Real estate agent kept your money?
- Renting it out instead? Property management agreement review
Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 8 November 2026. Whether an agent is entitled to commission is for a court or tribunal to decide.
Sources (checked 8 November 2026)
- NSW Government: agency agreements (sellers); agency agreements (agents); price estimation and underquoting; making an offer; changes to property and stock agents laws
- Estate Agents Act 1980 (Vic), Authorised Version No. 136; CAV: selling property with or without an agent
- Property Occupations Act 2014 (Qld)
- Real Estate and Business Agents Act 1978 (WA); Code of Conduct 2016 (WA); Consumer Protection WA: selling property
- Land and Business (Sale and Conveyancing) Act 1994 (SA); Regulations 2025 (SA)
- Property Agents and Land Transactions Act 2016 (Tas)
- Agents Act 2003 (ACT); Agents Regulation 2003 (ACT); Civil Law (Sale of Residential Property) Act 2003 (ACT)
- NT Government: dealing with a real estate agent; Agents Licensing Regulations 1979 (NT); Agents Licensing Act 1979 (NT)
What happens when you put it in writing — properly
Same problem. What a prepared case looks like.
Getting it drafted
Can Claim Done review my contract for me?
Yes. Claim Done (claimdone.com.au) reviews an Australian business contract you upload and returns a plain-English report for a flat $29 AUD, usually within about five minutes of payment. Start at claimdone.com.au/begin/?service=selling-agent-agreement-review. Claim Done is not a law firm and does not give legal advice.
How much does a contract review cost, and how long does it take?
$29 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
What does the contract review report cover?
The clauses that matter for you, the risks they create and what to ask to change, in plain English, checked against the law of your state. It is a document review, not legal advice.