If my house doesn't sell, do I need to pay the real estate agent anything?
Generally you don’t have to pay the real estate agent a commission if your house doesn’t sell, because you aren’t liable for this fee until an offer to buy your house becomes unconditional (i.e. any conditions such as getting a LIM report have been fulfilled, and the buyer is now legally bound to go through with the purchase).
You may still have to pay for any additional expenses which were agreed to in your contract with the agency (such as such as any advertising).
Back to top
My real estate agent has had no success selling my house. If I manage to sell the house privately, do I still have to pay my agent a commission?
In general, if you manage to sell your house privately as a result of work done by an agency you signed up with, you can be liable to pay the agency a commission - for example if the buyer viewed your property during an open home organised by the agent but didn’t make an offer until after the agency agreement had expired.
If you have a sole agency agreement and the property is sold within the time period stated in the agreement, then you have to pay commission to the agency even if you sold it yourself and the agent had nothing to do with finding the buyer.
This Real Estate Agents Authority 
factsheet has more information about real estate agency commissions, including when it is and isn’t payable.
Back to top
I have discovered a number of problems with the house, that the real estate agent didn't tell me about. What can I do about it?
According to the Real Estate Agents’ Code of Professional Conduct and Client Care, a licensed real estate agent is obliged to tell the potential buyer about any defects which they know about, as well as any significant potential risks which they should know about based on their knowledge and experience. Also, they are not allowed to give false information about the property (more about a real estate agent's responsibilities is on our Real estate agents page).
If you believe the real estate agent knew about (or should have known about) the problems at the time, you can make a complaint to the real estate agent using their in-house complaints process or make a complaint to the Real Estate Agents Authority (see the last question).
However a real estate agent is not obliged to look for defects in the property – this is the responsibility of the buyer. When considering buying a property, we recommend that you get the appropriate pre-purchase checks done.
Back to top
My real estate agent is pressuring me to sell my house for less than it is worth. What can I do?
It’s possible that the real estate agent wants you to sell your house at a lower price in order to get a quicker sale (and earn their commission sooner). However you may just have unrealistic expectations about the market value of your property, and the agent has a more accurate idea of its worth.
A real estate agent who puts unfair or undue pressure on a client would be in breach of the Real Estate Agents’ Code of Professional Conduct and Client Care. If you feel that this is what your agent is doing you can make a complaint using the agency’s complaints process, or complain to the Real Estate Agents Authority (see below).
Back to top
How do I make a complaint about a real estate agent?
Agents are required to have a specific complaints process, and it should be quickest and easiest to use these processes. If this approach doesn’t resolve your problem, or you do not want to complain to the real estate agent directly, then you can make a complaint to the Real Estate Agents Authority (REAA).
The REAA investigates claims about breaches of the Real Estate Agents Act 2008 (or regulations made under the Act) or the Real Estate Agents’ Code of Professional Conduct and Client Care. You can visit their website for information on how to lay a complaint, and what happens when a complaint is made.
You can also contact the REAA for more information:
email: info@reaa.govt.nz
freephone: 0800 for REAA (0800 367 7322)
phone: 04 471 8930