Money from the other side
Commissions from the seller’s side
Whose side an agent is on, including NSW’s ban on a buyer’s agent taking a payment for referring you to a selling agent, is a matter for the conduct rules, set out on NSW Fair Trading’s page on using a buyer’s agent, its rules of conduct and Consumer Affairs Victoria’s professional conduct page. This page keeps to the rebates and commissions that must be written into your agreement, or paid on to you.
Money from suppliers
Rebates on the expenses you pay
Consumer Affairs Victoria describes rebates and discounts an agent might receive “for advertising, maintenance or other expenses paid on behalf of or by a client”. NSW, Victoria and Queensland deal with them in the agreement itself.
| State | What must be disclosed | If it is not |
|---|---|---|
| NSW | For residential property or rural land, the agreement must state the source and estimated amount of all rebates, discounts and commissions the agent will receive in respect of expenses payable by the client (section 57 of the Property and Stock Agents Act 2002). | The agent is not entitled to any expenses from the client. |
| VIC | Every authority carries a rebate statement in approved wording, saying whether or not the agent will receive rebates or discounts, for advertising, maintenance or other expenses. | The agent risks losing the commission and being fined. |
| QLD | Form 6 has a section for the agent’s rebate, discount, commission or benefit incurred in providing the service, with its source and estimated amount. | The form must be completed and given to you before any service; failing to do so may mean a penalty and loss of commission. |
WA’s pages do not set a rebate statement for buyer’s agents. Instead, WA’s fact sheet suggests you ask whether the agent gets rebates, discounts, commissions or other benefits for sending you on to another business.
Victoria goes furthest
Where a Victorian rebate ends up
Victoria does not stop at disclosure. Consumer Affairs Victoria’s guidance for agents says:
- It cannot be kept. It is illegal for an agent to keep a rebate, monetary or non-monetary. It must immediately be paid to the client, unless the agent has already paid that amount or reduced the expenses charged in anticipation of it.
- A benefit in kind is paid in money. For a non-monetary rebate, the agent must pay the client the equivalent dollar amount.
- Estimates are trued up. Expected rebates should be factored into the client’s expenses. If an expense was estimated and the actual expense is less, the difference must immediately be paid to the client.
- You can recover it. If you were owed a rebate and never got it, you can claim it back.
- Keeping it is an offence. An agent who illegally keeps a rebate is liable to a fine of up to 60 penalty units, and up to 240 penalty units for three occasions in 12 months, as at October 2026.
Victoria also requires a notice of commission sharing, in approved wording and before you sign, if the agent shares commission with anyone outside their own agency’s estate agents and representatives.