Appointment to act as a property agent

What to include on the appointment form

The appointment to act must set out:

• the services you will provide
• any limits, restrictions or conditions on your services
• the commission, fees and expenses the client will pay you for your services
• the due dates for each payment
• an end date (for a sole or exclusive agency).

You’ll need to declare any financial benefit you expect to gain from a third party. This might be:

• any surcharge (over your expenses) for renters to access services such as pay TV, linen or cleaning
• any rebates you get to refer clients to other businesses, such as a mortgage broker.

Transferring appointments

You can transfer your appointment to another real estate agent if:

• your original appointment lets you do so, or
• the client consents to it in writing.

This may be, for instance, because you sell your business.

Appointment types

Single appointment

You can enter a single appointment for a one-off service (or services), including selling a house (or houses).

To renew a single appointment, you and the client must fill out the reappointment section of the same appointment form you signed no more than 14 days before the expiry date of the appointment.

Continuing appointment

A continuing appointment allows you to provide a service (or services) for a client over a period, including:

• rental property management
• resident unit management
• project marketing
• affordable housing management.

You or the client can cancel the continuing appointment agreement with at least 30 days written notice. You can have a shorter notice period if you and the client mutually agree on it.

Open listing

An open listing lets a seller hire multiple agents to sell the property. They only pay the commission to the agent who is the effective cause of the sale.

Either you or the seller can end the agreement at any time with written notice.

If you enter into a sole or exclusive agency agreement, the appointment can continue as an open listing:

• after the sole or exclusive agency agreement ends, or
• if the client agrees in the appointment agreement.

Exclusive agency

If you become the exclusive agent for a property you:

• have the sole right to make the sale
• are entitled to a commission for selling the property, regardless of who actually sells it.

This means you can still potentially claim a commission if another agent sells it or the client sells it themselves.

You must give your client a notice stating:

• you’re acting as an exclusive agency
• how an exclusive agency is different from a sole agency
• you can still claim commission if somebody else makes the sale
• how long the term of appointment will last
• whether it will become an open listing after the expiry date.

If you agree on a term of more than 60 days, then the appointment must remain in effect for at least 60 days. Either party can end the appointment as long as they give a minimum of 30 days written notice. The maximum term of appointment for selling 1 or 2 properties is 90 days.

Sole agency

A sole agency is similar to an exclusive agency—you can still potentially claim a commission if another agent sells it. Unlike an exclusive agency, you are not entitled to a commission if the client sells it themselves.

You must give the seller a notice stating:

• you’re acting as a sole agency
• how a sole agency differs from an exclusive agency
• you can still claim commission if another agent makes the sale
• how long the agreement will last
• whether it will become an open listing after the expiry date.

If you agree on a term of more than 60 days, then the appointment must remain in effect for at least 60 days.

Either party can end the appointment as long as they give a minimum of 30 days written notice.

The maximum term of appointment for selling 1 or 2 properties is 90 days.