A buyers' agency agreement sets out the agent's work and your payment obligations. 'Full service' is not enough detail on its own: one agreement may include searching, inspections and negotiation, while another covers only a specific auction or purchase. Read the scope alongside the fee schedule before signing.
Our independent buyers' agent introduction service is a referral pathway, not the agency engagement itself. State and territory requirements differ. NSW Government guidance, linked below, is a useful example of agreement and authority checks, but it should not be assumed to describe every jurisdiction.
Write down what is included and excluded
Check the locations, property types, duration and named personnel covered. Ask how many inspections or assessments are included and how progress is reported. If the brief changes, confirm whether additional work or fees apply. A service described verbally should appear in the written terms if you are relying on it.
Clarify the boundary between the agent's assessment and specialist work. Building inspections, strata record reviews, legal advice and lender valuations are not automatically included merely because the agent coordinates a purchase. Ask who arranges them, who pays and who is responsible for interpreting each result.
Understand the fee trigger
- Is payment a fixed amount, a percentage, a retainer, a success fee or a combination, and is GST included?
- When is each instalment due, and what event creates a success-fee obligation?
- Are inspection, travel or third-party expenses extra, and do they require your approval?
- What happens if finance fails, the purchase does not settle or you do not buy?
- Does a fee remain payable if you find the property yourself or buy after the agreement ends?
- Are any refunds, cancellation charges or continuing obligations specified?
Limit purchase authority explicitly
Searching, making an offer and bidding at auction are distinct activities. Specify which actions require your written instruction, the price ceiling and the acceptable terms. In NSW, official guidance says the agent must not exceed the agreed price without express written authority. Confirm the local rules and the agreement's own approval process.
A hypothetical buyer could approve an offer at a particular price but still require a finance condition and a particular settlement date. A price-only instruction leaves important ambiguity. Make sure authority includes the conditions, deposit and timing, and identify who communicates changes.
Check independence and exit arrangements
Ask about conflicts, referral payments and third-party benefits, and obtain disclosures in writing. Confirm licensing through the relevant regulator. Recommendations for another specialist should not be mistaken for proof that their service or fees are included.
Read exclusivity, termination notice and any continuing fee clauses carefully. Do not assume a cooling-off right or a right to cancel without cost: requirements depend on jurisdiction and circumstances. Ask how complaints are handled, and seek legal advice before signing terms you do not understand.
Keep the agreement and brief aligned
Save a signed copy, disclosures and any authorised amendments. Compare the scope with your property search brief so the agent is not instructed to do work outside the engagement. A clear agreement improves accountability; it does not guarantee a purchase, lower price or investment outcome.
Before you sign
Is a percentage fee automatically a conflict?
It is a payment model to understand, not a conclusion about an agent's conduct. Ask how recommendations and price limits remain evidence-based, what other remuneration applies and whether a different fee arrangement is available.
