Sign up with a real estate salesperson

Real estate salespeople work for you to help you sell your property for the best price. You sign an agency agreement with them and you pay them a commission when the sale is confirmed.

Choose a salesperson and check that they’re licensed

Your real estate salesperson works for you, so it’s important to choose someone you feel comfortable with.

You can contact as many agencies as you like before deciding who to list your property with. You can list your property with a single agency or with multiple agencies. You can also ask to deal with a specific salesperson from the agency you choose. 

You list your property with an agency or agencies by signing an agency agreement​.

Even if you know your salesperson personally, or a friend recommends them, check that they’re licensed. Use our public register to check their details and see if they’ve had any complaints upheld against them. If you deal with an unlicensed person, we won’t be able to help you if things go wrong.

All salespeople must keep to the Code of Professional Conduct and Client Care. Download the Code of Professional Conduct and Client Care​ (.pdf 151KB) 

Check if your salesperson has a conflict of interest

If your salesperson could get personal benefit from acting on your behalf, they have a conflict of interest. For example, if they want to buy your house themselves, that’s in conflict with helping you to sell it for the best price. 

If your salesperson — or someone connected to them professionally or personally — offers to buy your property, you have a few options. You can:

  • ask to deal with another salesperson from the same agency
  • change agencies
  • get the salesperson to deal directly with your lawyer (rather than you).

We recommend that the salesperson no longer acts for you. If you do decide to continue with the same salesperson, talk to your lawyer about it.

Give your consent before selling to a salesperson 

Before you sign a sale and purchase agreement with your salesperson, they must do certain things designed to protect you. They must:

  • ask you to sign a consent form showing you agree to them (or someone connected to them) buying your property
  • give you (at their expense) a valuation of the property from an independent registered valuer.​ 

If you decide to sign the consent form before you get the independent valuation, the salesperson must: 

  • give you a provisional (temporary) valuation
  • give you the independent valuation within  14 days of you signing the consent form.

If the independent valuation is greater than the provisional valuation, you can cancel the sale and purchase agreement with no penalty.

If you enter into a sale and purchase agreement with a salesperson without providing your consent, you can cancel the sale and purchase agreement with no penalty. 

You should also get independent legal advice from your lawyer.

Know what you’re doing if you sell without a salesperson

If you want to sell without the help of a licensed real estate salesperson, you need to think carefully about the advantages and disadvantages of doing it yourself. A salesperson will help you navigate the sales process and get the best result. If you sell your home privately, and something goes wrong, we won’t be able to help. 

There’s more to selling your home than putting up a sign and showing people around. You need to set a price, choose a method of marketing, and answer questions from prospective buyers. 

You’re legally obliged to share all relevant information about your property, such as whether it has any weather-tightness issues. If you mislead a potential buyer, they have the right to cancel the sale. In extreme cases, they can even take you to court.

You also need to prepare the sale and purchase agreement. This includes negotiating a number of things, such as whether any chattels will be included and what the sale timeline will be. You should get your lawyer to help you prepare the agreement.  

Finally, be aware of your obligations to do with commission. If a salesperson has done some work to market your property, but you then sell it privately, you may still have to pay them a commission. If you’ve signed an agency agreement, be aware of the terms of cancellation. ​​​​