Last updated 21 June 2016
The entitlement of the real estate agent and the auctioneer to recover commission, fees, charges and expenses will be regulated by the terms of the written appointment of the agent or auctioneer and by legislation. For a seller, it is important that the terms of the written appointment are carefully considered and the appointment fully and carefully completed. Legal advice should be sought if the seller has any doubts about the operation of the appointment or the circumstances in which the agent or auctioneer may be entitled to commission, fees, charges and expenses.
Legislation imposes certain conditions on the recovery of commission or expense by an agent or auctioneer. These conditions include that the:
- agent must hold a property agent’s licence
- person must be authorised under the person’s licence to perform the activity
- person must be properly appointed by the owner in the manner prescribed by the legislation
- person is not entitled to sue for, recover or retain a reward or expenses that are more than the reward or expenses stated in the appointment form and, in the case of expenses, actually expended.