In every state covered here, a buyer’s agent is appointed in writing, and in NSW, Victoria and Queensland an agent who skips the paperwork risks losing the right to be paid. What the paper must carry differs: NSW prescribes terms in its regulation, Victoria prescribes statements, Queensland uses a government form, and WA leaves the terms to negotiation.
Required terms are in schedules 5 to 12 of the Property and Stock Agents Regulation 2022; extra terms are allowed if they do not conflict with the Act, the Regulation or the prescribed terms.
VIC
Buyers’ agency authority
The Estate Agents Act 1980 and statements in wording approved by Consumer Affairs Victoria.
QLD
Appointment on Form 6 (residential) or Form 6A (commercial)
The approved form under the Property Occupations Act 2014.
WA
Written Authority, Appointment to Act or Authority to Act
Not set by law: the terms, fees included, are yours to negotiate before signing.
Four carbon copies
What each state expects to see on the paper
Each sheet below lists what that state’s own pages say. They are not interchangeable: a rule on the NSW sheet is a NSW rule.
New South Wales
Copy 1 of 4
A written agreement, signed by the licence holder and the client, that complies with the regulations. Without it, the agent is not entitled to any commission or expenses.
A copy signed by the licensee, served on you within 48 hours after you sign. If it is not, the agent is not entitled to payment under the agreement, though an agent can appeal to a court or tribunal in limited circumstances.
A Class 1 or 2 licence holder’s signature. Certificate of registration holders cannot enter into an agency agreement.
For residential property or rural land, a statement of the source and estimated amount of every rebate, discount and commission the agent will receive on expenses you pay under the agreement. Without it, the agent is not entitled to any expenses from you.
The type of property to be bought, as far as the agent knows it, and any special instructions, such as a requirement for vacant possession.
A statement of property details, prepared and signed by the agent, given to you when you sign.
Victoria
Copy 2 of 4
Details of the commission and expenses agreed, as a dollar amount or a percentage; a percentage needs an example of the dollar amount it represents.
A statement, in wording approved by Consumer Affairs Victoria, saying where you can complain about commission or expenses.
A rebate statement in approved wording, saying whether or not the agent will receive any rebates or discounts.
A notice of commission sharing, before you sign, if the agent will share commission with anyone who is not an estate agent or agent’s representative in their own agency.
Your own copy of the signed authority, and being told before you sign that the commission and expenses are negotiable. An agent who does not do these cannot claim or sue for commission or expenses.
The agency’s procedure for complaints and disputes, explained before you sign or as soon as possible after.
An agent who uses an authority without the required information risks losing the commission and being fined.
Queensland
Copy 3 of 4
What the buyer’s agent will do for you, and any limits or conditions that apply.
All commissions, fees and expenses, and the due date for paying them.
The agent’s licence number and its expiry date, in Part 2 of the form.
The term of the appointment and how it can be terminated, in Parts 4 and 5.
The commission including GST, written as a percentage or a dollar amount, in Part 7.
Any rebate, discount, commission or benefit the agent receives in providing the service, with its source and estimated amount, in Part 8.
The form must be completed and given to you before the agent performs any service, and if it isn’t, the agent may face a penalty and lose the commission.
Western Australia
Copy 4 of 4
A written contract: WA says you must sign one if you want a buyer’s agent to act for you.
The parts of the purchase you want the agent to handle, with the specific services and the fee clearly shown.
When the fees need to be paid, and what happens if you stop wanting to buy, buy without the agent’s help, or use only some of the services.
Any restrictions in the agreement, and whether it is exclusive to the agent for a set period.
A single price for the fee that includes GST.
Clauses that touch the price you pay
Two NSW terms worth finding on the page
In NSW, the agent must not go above the purchase price you agreed, in negotiations or at auction, without your express written authority. And if an agent intends to pay an expression of interest deposit for you, they must first tell you in writing that the seller is not obliged to sell, you are not obliged to buy, and the deposit is refundable if you don’t end up entering into a contract. NSW Fair Trading lists both in its key information about buyer’s agents, along with the duty to keep you up to date at every stage of negotiating the purchase price.
Consumer Affairs Victoria calls the authority “the legal document that gives the buyer’s agent authority to act for you”, and asks you to read it carefully and consider legal advice if anything is unclear. WA suggests stating clearly that you want to pre-approve any extra fees or charges. How the fee itself is built is on how buyer’s agents are paid, and getting out of an agreement is on ending an agreement.
