What is real estate commission?
Real estate commission — also called real estate agent fees — is what you pay an agency to sell your property: marketing it, finding buyers and working with them, and managing the sale through to settlement.
It's usually a percentage of the final sale price, agreed between you and the agency before your property goes on the market. The details are set out in the agency agreement: how it's calculated, when it's payable, and any other fees.
How is a real estate agent's commission calculated?
Most agencies charge a percentage of the sale price, often tiered — a higher rate on the first portion and a lower rate on the balance — plus a flat administration fee. The rates vary with the agency, the property and the market.
Before you sign, your agent must explain the formula they use and give you a written estimate, in dollars, of the commission you'd pay if your property sells at their estimated price. They also have to be clear about whether the figures include or exclude GST.
When is commission paid?
When you sign a sale and purchase agreement, the buyer pays a deposit into the agency's trust account. Once the agreement becomes unconditional, the agency usually takes its commission out of that deposit, and the rest goes to you.
Commission is normally only payable when your property sells, on the terms in your agency agreement.
Before you sign the agency agreement
The agency agreement is a legally binding contract between you and the agency, so read all of it before you sign, and have your lawyer check it. Every fee and charge should be set out up front, so nothing comes as a surprise later.
Marketing costs are separate from commission
Your agency agreement will also set out any marketing costs, which are charged separately from commission. Paying for extra marketing is usual, but it's your choice. Ask what the agency already provides at no charge, such as listing your property on its own website.
The agency should give you a marketing plan showing what you're paying for and when. Advertising is usually paid up front, and you pay for it even if your property doesn't sell — so weigh each cost against what it's likely to bring in.
Your agent must also tell you about any rebate, discount or commission they receive in connection with the work they do for you.
Sole agency or general agency — the risk of paying two commissions
There are two kinds of agency agreement:
- A sole agency agreement gives one agency the exclusive right to market and sell your property.
- A general agency agreement gives more than one agency the right to market your property. You sign a separate agreement with each, but you should only pay commission to one.
An agency must warn you if there's any risk you could end up paying two commissions — for example, because another agency's agreement hasn't ended, or because another agent introduced the buyer.
How can I protect myself against paying two commissions?
- While a sole agency agreement is in place, don't sign an agency agreement with anyone else. If you do, you may have to pay both agencies commission when your property sells.
- If you sell privately while a sole agency agreement is in place, you'll usually still have to pay that agency commission.
- After an agreement ends, there's normally a stand-down period — six months under the REA's standard residential clauses. Sell during it to a buyer the agent introduced, and you may still owe that agency commission.
- If you're moving to a new agency, tell them about any agreement you've had, and check with your lawyer what you might still owe the first one.
The Real Estate Authority (REA) standard clauses
The REA publishes standard clauses that agencies can use in their agency agreements. They protect you by reducing the chance of being charged commission by two agencies, and by making clear when the agreement ends and when commission is payable.
Not every agency uses them. settled.govt.nz recommends only using agencies that do — ask about them before you sign.
The REA is the independent government agency that regulates New Zealand's real estate profession. It licenses agents, sets the rules they work under, and deals with complaints about them.
Do I have to pay commission after cancelling my agency agreement?
You can cancel a sole agency agreement in writing by 5pm on the first working day after you're given a copy of it. For a residential property, if the agreement runs for more than 90 days, either you or the agency can end it in writing at any time after 90 days.
Cancelling doesn't always end what you owe. Your agreement sets out when commission might still be payable after it ends — during the stand-down period, for example. If you're planning to list with someone else, check with your lawyer first.
Do buyers pay real estate commission?
No. In New Zealand the listing agent works for the seller, and the seller pays their commission. The only time a buyer pays an agent is if they've hired their own buyer's agent.