Real estate agents can choose to use standard clauses in their residential or rural agency agreements.
We recommend using agents who use these standard clauses. You can get a list of agencies using the standard clauses on this page.
The standard clauses help protect you by providing certainty about when an agency agreement ends, and when a commission needs to be paid.
Main features of the standard clauses
For sole agency agreements, the standard clauses set out that:
- the sole agency agreement will automatically expire after 90 days if no end date is specified (residential agency agreements only)
- an agent can only claim a commission if a sale and purchase agreement is signed during the term of the agency agreement.
For general agency agreements, the standard clauses set out that:
- agreements can be cancelled on seven days’ written notice
- an agent can only claim a commission if a sale and purchase agreement is signed during the term of the general agency agreement and when:
- the agent has been instrumental in bringing about the sale and purchase agreement, or
- the sale and purchase agreement is signed with someone introduced by the agent.
For both sole and general agency agreements, the sale and purchase agreement must eventually become unconditional. The agent can still claim a commission even if the sale and purchase agreement becomes unconditional after the agency agreement has ended.
If a seller sells privately to someone introduced to the property by an agent
If the seller cancels a general or sole agency agreement and then sells privately to someone the agent has previously introduced to the property, the agent can claim a commission if the sale is made within the following period:
- six months of a residential agency agreement ending
- 12 months of a rural agency agreement ending.
Agencies using the standard clauses
List of participating residential agencies [.pdf 1022KB]
List of participating rural agencies [.pdf 488KB]
These lists are updated regularly.
Appearing on this list does not imply any REAA endorsement of the agent or their practices.
Get a copy of the standard clauses