Property Agent
What is a property agent?
A property agent, officially a real estate salesperson (RES), is a person registered with the Council for Estate Agencies (CEA) to help clients buy, sell or rent property, working through a licensed estate agency. Agents can act for only one party in a deal, must not handle transaction money, and commission is negotiable.
Key facts
- Official title
- Real estate salesperson (RES), working for a licensed estate agency
- Registration
- With CEA; doing estate agency work without registration is an offence
- Registration number
- Unique CEA number, e.g. R123456A
- Dual representation
- Not allowed: an agent can act for only one party in a transaction
- Transaction money
- Agents must not handle option fees, deposits, stamp duties, sale proceeds or similar payments
- Exclusive agreement
- Up to 3 months, using CEA's prescribed estate agency agreement
- Commission
- Not fixed; agreed in writing and paid to the agency
As of 6 Nov 2026. Source: CEA.
How working with a property agent works
- Check the agent on the CEA Public Register, by phone number.
- Sign CEA’s prescribed estate agency agreement, choosing exclusive or non-exclusive, and write down the agreed commission.
- The agent markets, negotiates and handles paperwork for you, and only for you.
- You pay all transaction money directly to the right payee, never through the agent.
- On completion, pay the agreed commission to the agency, not to the individual agent.
What agents can and can’t do
| Agents can | Agents can’t |
|---|---|
| Market your property or find homes for you | Act for both sides of the same deal |
| Negotiate on your behalf | Handle option fees, deposits, stamp duties or sale proceeds |
| Work with another agent through co-broking | Recommend moneylenders |
| Help with paperwork | Do estate agency work without valid CEA registration |
Example
You sign an exclusive agreement with an agency to sell your condo for three months, at an agreed 2% commission. The rate is for illustration; it is negotiable. A buyer’s agent brings a buyer, and the two agents share the commission between themselves. The buyer pays the option fee directly to you by bank transfer. When the sale completes at $1,500,000, you pay $30,000 plus any GST to your agency.
Common mistakes
- Paying money through the agent. Always pay the payee directly, by a traceable method.
- Signing an exclusive agreement without reading the tail clause. You may still owe commission for buyers the agency introduced, for up to three months after the agreement ends.
- Not clarifying GST. Only GST-registered agencies can charge GST on commission.
Frequently asked questions
What is the difference between an exclusive and a non-exclusive agreement?
With an exclusive agreement you appoint one agency for up to three months and owe commission even if you transact through another agency or on your own. With a non-exclusive agreement you can appoint several agencies and pay only the one that completes the deal.
Can my agent collect the option fee for me?
No. Agents must not handle transaction monies such as option fees, deposits, stamp duties or sale proceeds. Pay the payee directly by bank transfer, PayNow or crossed cheque.
Can one agent act for both buyer and seller?
No. Representing both parties in the same transaction is an offence. With your consent, an agent may help the other party with paperwork, but must make clear they are not acting for or collecting fees from that party.
Can an agent recommend a moneylender?
No. Agents must not introduce, refer or recommend moneylenders' services.
Related terms
Sources
Every figure on this page was checked against the official government sources above on 6 Nov 2026. See our editorial policy.
This is general information, not financial, legal or tax advice.