Signed With an Agent? How Agency Agreements Work, and How to Switch to a Private Sale

You signed with an agent, the weeks have ticked by, and you’re now wondering whether you could do a better job yourself. Maybe the inspections have dried up. Maybe the advice has drifted towards “let’s drop the price”. Or maybe you’ve simply worked out how much commission is coming off the top. So can you walk away and sell privately?

Usually, yes. But when you can do it, and whether you’d still owe the agent anything, depends on two things: the type of agency agreement you signed and the state you’re in. Get those right and the switch is simple. Get them wrong and you can end up paying commission on a sale you made yourself, or paying two lots of commission on the same sale.

This guide walks through both, state by state, then gives you a step-by-step plan for making the move cleanly.

The short answer

You can’t usually tear up a sole or exclusive agreement mid-term just because you’ve changed your mind. You end it the way the agreement (and your state’s law) allows: by letting the term run out, or by giving written notice once you’re allowed to.
Sole and exclusive agreements are different in NSW, Queensland and the ACT. Under an exclusive agreement, the agent can be owed commission even if you find the buyer yourself during the term. Under a sole agreement in those three, you generally don’t pay commission on a buyer you found yourself. South Australia uses “sole agency” for what other states call exclusive, and elsewhere the wording of your agreement decides it.
Three states cap the term. Queensland caps it at 90 days, South Australia at 90 days (with one extension), Tasmania at 120 days. In the ACT, a fixed term over 90 days must let you end it on 30 days’ notice after the first 90 days. NSW, Victoria, WA and the NT leave the term to the agreement.
The biggest trap is the buyer the agent introduced. Even after the agreement ends, the agent may be owed commission if someone they found ends up buying. Keep a record of who came through the agent.
Sign nothing new until the old agreement has ended in writing. That’s how sellers end up owing two commissions.

Which agency agreement have you signed?

Dig out your copy and look at the first page. It should name the type of agreement, the start date, the end date (or how it ends) and the commission. In NSW the agent must give you a signed copy within 48 hours, and in every state the agent generally needs a valid written agreement before they can claim commission at all.

The common types, and what each means for a would-be private seller:

Agreement type	How many agents	If you find the buyer during the term	Where you’ll see it
Exclusive agency	One	Commission is usually still payable to the agent	NSW, VIC (the most common type), QLD, WA, ACT, NT
Sole agency	One	Usually no commission if you found the buyer yourself (NSW, QLD, ACT)	NSW, QLD, ACT. In SA, “sole agency” means commission is payable even if you sell it yourself
Open or general listing	As many as you like	No commission. Only the agent who finds the buyer gets paid	Every state
Auction	One	Treated as exclusive in NSW	Every state

So if your agreement says sole and you’re in NSW, Queensland or the ACT, a buyer who comes to you without any introduction from the agent generally doesn’t trigger commission, even before the agreement ends. If it says exclusive (or “sole agency” in SA), assume commission is payable on any sale during the term, however the buyer found you.

The labels aren’t always tidy, and some agreements mix terms. The definitions in your agreement beat the label on the front.

How long agreements last and how to end one, state by state

This is where the states differ most. The table sets out the rule that applies to a residential sale under a sole or exclusive agreement. Open listings can generally be ended in writing at any time.

State	Maximum term	Ending it early	Cooling-off on signing	Commission after it ends
NSW	No set maximum	Written notice, with the notice period in your agreement	Yes, one business day	Under an exclusive agreement, possible if the buyer started negotiating through the agent
VIC	Set by the agreement. If no end date is agreed, a private sale authority ends 60 days after signing	Not before expiry unless the agent agrees. After that, tell the agent in writing	No	Set by the agreement
QLD	90 days	For terms over 60 days, at least 30 days’ written notice, and it must run at least 60 days	Not stated	Set by the agreement
WA	Set by the agreement	As set out in the agreement	No	Set by the agreement, sometimes for a set period after
SA	90 days, extendable once	You can refuse an extension, and can end it in writing during an extension period (sa.gov.au says at least 7 days’ notice)	Not stated	Set by the agreement
TAS	120 days	Either party, by written notice (the Act caps the notice period at 30 days)	Not stated	By law, within 90 days if the agent introduced or showed the buyer the property and that caused the sale
ACT	Set by the agreement	For a fixed term over 90 days, 30 days’ written notice at any time after the first 90 days	Not stated	Set by the agreement
NT	Set by the agreement	Not before the set time unless the agent agrees; if there’s no set time, as the agreement states	Not stated	Set by the agreement

Sources: NSW Government, agency agreements; Consumer Affairs Victoria, selling with or without an agent and CAV on sales authorities; Queensland Government, appointing a sales agent; Consumer Protection WA; SA Government, engaging professionals and the Land and Business (Sale and Conveyancing) Act 1994; Property Agents and Land Transactions Act 2016 (Tas), ss 44 and 45; Agents Regulation 2003 (ACT), schedule 4, clauses 4.1 and 4.3; NT Government, dealing with a real estate agent.

A few notes that sit behind the table:

NSW: the one business day cooling-off only helps if you’ve just signed. It runs to 5pm on the next business day (Saturdays count), and you cancel with a signed written notice of rescission.
Victoria: there’s no cooling-off on a sales authority. Read the end date and any “continuing period” wording carefully, because that’s what decides when you’re free.
South Australia: an agent can only extend by giving you a notice of expiry in the 14 days before the agreement ends. You can say no. An agreement can only be extended once.
Tasmania: the 90-day tail is set by law, but it only bites where the agent introduced or showed the buyer the property and that was the effective cause of the sale.

The four ways sellers end up paying commission anyway

1. A buyer the agent introduced comes back

This is the big one. Plenty of agreements say commission is payable if the property sells to someone the agent introduced, even after the agreement has ended, sometimes for a set number of days. In Tasmania the law sets that window at 90 days. Elsewhere it’s down to your agreement’s wording.

So before you go private, ask the agent for a list of everyone who inspected or enquired through them. If one of those people turns up at your first open home, you’ll know where you stand before you negotiate, not after.

2. The agreement rolled over

Some agreements continue after the fixed term until you end them in writing. Others, like South Australia’s, can extend if you don’t respond to a notice. If you assume it ended on the date on the front and list privately the next morning, you may still be inside the agreement. Send written notice anyway. It costs nothing.

3. Marketing costs and cancellation fees

Commission is only part of the bill. If your agreement sets out advertising or marketing costs, you’ll generally owe those whether the home sold or not, unless you negotiated “no sale, no fee”. Some agreements also carry a cancellation or withdrawal fee. Check the costs page of your agreement and ask the agent for a final invoice in writing so there are no surprises later.

4. Two agreements at once

If you sign with a second agent (or a private sale platform that acts as your agent) before the first agreement has ended, both may have a claim to commission. The NSW, SA and NT regulators all warn about this. End the first agreement in writing, wait for the date it actually ends, then sign the next one.

How to switch from an agent to a private sale: step by step

Find your agreement and read it properly. Note the type (sole, exclusive, open), the start and end dates, any continuing or extension period, the notice period, the commission and the marketing costs.
Work out your earliest free date. Use the agreement and the state table above. If you’re within the term and can’t end it early, that date is when the term expires.
Give written notice. Email is fine if your agreement allows it. Say which property, that you’re ending the agreement, and the date you understand it ends. Keep a copy.
Ask for the list of introduced buyers. Request the names of everyone who inspected or made an enquiry through the agent, and keep it somewhere you can find it.
Ask for a final statement of costs. Get any marketing or other costs owed in writing, and check them against what the agreement allowed.
Line up your conveyancer or solicitor and your contract. You’ll need a contract and the required disclosure documents ready before you go to market in most states (in NSW you can’t market a home without one).
List privately once the old agreement has ended. Not the day before. If a buyer from the agent’s list makes contact, check your agreement before you negotiate.

If the wording is unclear on any point, a solicitor or conveyancer can read the agreement for you. That’s money well spent when commission on a typical home runs well into five figures.

Use the waiting time well

If you’re stuck with a few weeks left on the agreement, don’t sit on your hands. You can do almost everything a private sale needs without breaching anything:

Get your contract of sale and disclosure documents prepared. Our guide to whether you need a conveyancer explains who does what in each state.
Rethink the price with fresh eyes. If the agent’s price didn’t attract offers, look at recent sales near you and decide what you’ll ask yourself.
Plan better photos, a sharper description and an inspection schedule that suits you.
Work out what you’ll save. Our state-by-state guide to agent commission shows typical rates, so you can put a dollar figure on the switch.

What you shouldn’t do while the agreement is running is advertise the home yourself or start negotiating with buyers, unless you’re certain your agreement allows it.

Can you list with PropertyNow if you’re still with an agent?

Sometimes, but it depends on your agreement. If you’re on a sole agency agreement that lets you sell to a buyer you found yourself (NSW, Queensland and the ACT are the usual examples), a private listing may sit alongside it, as long as the wording allows it. Check one clause in particular: some sole agreements make commission payable if another agent sells, and PropertyNow is a licensed agency, so read how your agreement treats a sale through another agency before you list. Our help centre explains what to check if you have a sole agreement with an agent. If you’re on an exclusive agreement, wait until it has ended.

Either way, PropertyNow charges one flat fee and never takes commission when your home sells. If you’re still weighing it up, our comparison of selling privately versus using an agent sets out the trade-offs plainly.

The bottom line

Leaving an agent for a private sale is common, and it’s rarely complicated once you know what you signed and when your state lets you end it. Do it in order, in writing, and the commission you save stays with you.

When you’re ready, our guide to selling your house privately takes you through the rest, from pricing to settlement.

Ready to sell it yourself?

Once your agency agreement has ended, list your home privately for one flat fee and keep the commission. Our licensed agents are on hand seven days a week if you get stuck.

See how selling privately works

Frequently asked questions

Can I sell my house privately while I have an agent?

It depends on the agreement. Under an exclusive agreement, the agent is usually owed commission on any sale during the term, even if you find the buyer. Under a sole agreement in NSW, Queensland or the ACT, you generally don’t pay commission on a buyer you found yourself. Under an open listing, you can sell privately any time. Elsewhere, the wording of your agreement decides it.

What’s the difference between sole agency and exclusive agency?

Both appoint one agent. Under exclusive agency, the agent can be owed commission whoever finds the buyer. Under sole agency in NSW, Queensland and the ACT, you don’t pay commission if you find the buyer yourself. South Australia is the exception: there, “sole agency” means commission is payable even if you sell it yourself.

How do I get out of a real estate agent agreement?

Read the agreement for its end date and notice period, then give the agent written notice. In Queensland, a sole or exclusive appointment longer than 60 days can be ended with at least 30 days’ written notice, as long as it has run at least 60 days by the time it ends. In the ACT, a fixed term over 90 days must let you end it with 30 days’ notice after the first 90 days. In Victoria and the NT you generally can’t end it before the term expires unless the agent agrees.

Is there a cooling-off period on an agency agreement?

In NSW, yes: one business day after signing, ending at 5pm on the next business day. Victoria and WA have no cooling-off on a sales authority. In the other states, check your agreement and ask the regulator before relying on one.

Do I still owe commission if the agent’s buyer comes back after the agreement ends?

You might. Many agreements make commission payable if the property sells to a buyer the agent introduced, sometimes for a set period after the agreement ends. In Tasmania the law allows this for 90 days where the agent’s introduction caused the sale. Ask the agent for a list of introduced buyers before you list privately.

Do I have to pay the agent’s advertising costs if my house didn’t sell?

Usually, if the agreement set them out, unless you negotiated a “no sale, no fee” arrangement. Some agreements also include a cancellation fee. Ask for a final statement of costs in writing.