In New South Wales the amount of the commission you pay to an agent to sell your property is negotiable because, unlike in other states, the commission is deregulated. As a general guide the agent’s commission is usually around 2% to 3.5% of the sale price plus GST.

When this commission becomes payable to the agent will depend on the agreement reached between you and your agent. The deposit is usually held by the agent following the exchange and then after settlement the agent will release the deposit to the vendor, after deduction of the agreed commission.

It is important to note that some agency agreements require you to pay commission even when the agent does not actually sell the property. Clauses of this nature often arise in exclusive agency agreements where the vendor is restricted to listing with only the one agent for a certain period of time. If the property is sold by someone else during this period, for example, if it is sold to a relative, commission may still be payable to agent.  If you appoint another agent to sell your property you may also, depending on the wording in the agency agreement, become liable to double commission.

It is important to be aware of your rights and obligations when appointing an agent to sell your property.

If you would like any further information or have any questions regarding your obligations under a current or pending agency agreement please contact Gina Haramis on 9525 8688 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it .