# Commission. Information Sheet

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1 Commission Information Sheet Most real estate agents1 (agents) charge for their services on the basis of a commission, rather than a fixed fee. How is commission calculated? Commission is usually made up of: A set amount, plus A percentage of the selling price achieved, plus GST. Before you sign an agency agreement, your agent is required, under the Real Estate Agents Authority s Code of Professional Conduct and Client Care, to: Explain to you how the commission is calculated (usually it will be on the formula above, but there may be variations); and Tell you what you would be likely to pay in dollar terms, on the basis of the price that the agent provided to you when they carried out a market appraisal of your property. 1 Real Estate Agent (agent) is a general term and refers to agents, branch managers and salespersons.

2 Example The agent has estimated your property could sell for around \$450,000. The commission is based on: set fee of \$ % on the first \$300,000 (\$11,250) 3.25% on the balance of \$150,000 (\$4,875) GST (\$2,078) Amount of commission payable on selling price of \$450,000 = \$18,703 (including GST). When you appoint an agent you will sign an agency agreement. An agent cannot legally charge commission on any work undertaken for you unless it is done under an agency agreement. The agency agreement should set out the commission to be paid (usually this will be the formula for calculating the commission, rather than a fixed amount, as it is not possible to know in advance exactly how much the property will sell for). The agency agreement will also state when you have to pay the commission. Is the amount of commission negotiable? The amount of commission is negotiable. You can negotiate with the agent to vary any aspect of the formula. Make sure you check that your agency agreement reflects what has been negotiated. Do I have to pay commission even if my property does not sell? You only have to pay commission if the agent achieves an unconditional offer from a buyer. It does not matter how much work an agent does, or how long they work for you commission is paid on the basis of results i.e. actually selling your property, not just making an effort.

5 that agent the sole right to act as your agent you cannot therefore act on your own behalf. If you do want to reserve the right to sell your own property, you must make sure the agency agreement allows for this otherwise you will be liable to pay commission. If you are unsure about whether you will have to pay commission, we recommend that you consult your lawyer. If you sign a sole agency agreement you must ensure that you do not then enter into an agency agreement with any other agent during the term of the sole agency. If you do appoint another agent or agents after signing a sole agency agreement, you may become liable to pay commission to all of the agents, regardless of which agent sold the property. Information sheets that provide further information on the property buying and selling process are available from or by calling 0800 for REAA ( ) or (04) Real Estate Agents Authority PO Box 25371, Wellington, 6146 Phone: 0800 for REAA ( ) or (04) Fax: Website: To the best of the Real Estate Agents Authority knowledge, the information in this guide is accurate at the date shown below. However, the requirements on which this information is based can change at any time and the most up-to-date information is available at [Version 1.2, 22 March 2012].

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