CHECKLIST FOR SIGNING AN AGENCY AGREEMENT

Agency Agreement

If you haven't started the process of choosing a real estate agent yet, you might find how to choose the right property appraiser helpful.

The following checks will help you be clear about a real estate agent's responsibilities and what to look out for before signing an agency contract:

Undue Pressure - Never sign a real estate agency agreement if you are feeling pressured by a property agent to do so. If in doubt, don't sign. Has your real estate agent been professionally vetted for you?
Commission and Fees - Your real estate agent must explain their commission structure and include an estimated cost. They must also disclose to you any rebates or discounts they receive.

Costs - The agent must also explain how the property will be marketed and advertised and what other real estate expenses you will be required to pay for.
Legal - They must advise you that you can seek legal advice before signing an agency agreement. It is advisable that you do.
Guide - Has your agent provided you with the New Zealand Residential Property Agency Agreement Guide prior to signing? They are required to do this under the Real Estate Act 2008.
Regrets - If you sign an agency agreement and then get cold feet, you have until 5pm on the first working day after you have been given a copy of the signed agreement by the real estate agent. (Which should be provided to you within 48 hours of all signing)
Misleading - If you feel you might be being misled in any way, do not sign the agency agreement. You might want to get some independent real estate advice instead.

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Ensure you discuss your expectations with the real estate agent. For example, when and how often will they provide reports to you? Ask to see an example report. A lack of communication and/or reports are common issues for real estate consumers. Get it sorted first.

Choose Your Real Estate Agent on Competency, Not Commission

Illegal - If a real estate agent's licence has expired or a written agency agreement to list and sell your house is not in place, the agent is legally unable to collect any commission from you.
Real estate agents are not permitted to market a property unless an agency agreement has been signed and approved by you.
Which agreement - If you are selling a lifestyle block, you should be signing a residential real estate agreement, not a rural one. This is important to know because the commission percentage can be higher for rural properties.
GST - Be very clear about the GST component and whether this applies to you or not. Sellers are often confused about this.
Negotiation - If you wish to negotiate the commission and fees, do so, but make sure you choose your real estate agent based on competency not commission.
Lawyer - Read the fine print of an agency agreement, even if you are under pressure for time. Ask the property agent to leave it with you if you need more time or wish to get a lawyer to do this for you. You can find a property lawyer here.

Advice on selling a house quickly

Communication - A lack of updates by the real estate agent is often an issue, so if you don't feel confident about your agent, you should put them off and seek independent real estate advice.
Definitions - You can check your grasp of the various real estate terms via the NZ Law Society.

If you are already in a contract with a real estate agency and want to change agencies, it is possible to end a contract early, depending on events that have occured. Find out more.