Real estate agent complaints: the red flags, what the regulator can and cannot do, and the Fair Trading route in every state

Most sellers never complain about their agent, and most agents give them no reason to. But when a campaign goes wrong the seller usually notices late, after the marketing money is spent and the agreement has a month left to run, and by then the question is not "is this normal?" but "what can I do about it?". This page answers both: the red flags worth acting on early, the evidence that makes a complaint stick, and the route to the regulator in every state and territory, with an honest account of what each one can and cannot do for you.

The short version is that every state regulator can investigate, fine, discipline and in serious cases deregister an agent, and none of them can order the agent to pay you compensation. Money is a matter for negotiation with the agency, or for the tribunal.

The red flags, in the order they usually appear

Before you sign

• An appraisal well above every other agent's. "Buying the listing" is the oldest trick in the trade: quote high to win the appointment, then condition the seller down over the campaign. Ask for the comparable sales behind the figure. Our guide to preparing for an appraisal shows what a well-supported one looks like.
• Pressure to sign the agreement on the night. No agent needs an answer at the kitchen table. In NSW you have a cooling-off period until 5 pm the next business day; nowhere else do you, so take the form away.
• A long fixed term with no exit, or a marketing budget the agent will not itemise. See agency agreements by state for what the form must say and the clauses to change.
• Vagueness about who will actually run the campaign. The principal who wins the listing and the junior who does the open homes are often different people. Ask.

During the campaign

• A price guide below the estimate on your agreement. That is underquoting in NSW, Victoria and SA and a breach the regulator will take up. Our page on underquoting laws by state has the detail.
• No written feedback after open homes, or feedback that consists only of "the market is telling us the price is too high". You are entitled to know how many groups came through, who asked for a contract and what they said.
• Offers you hear about late, or not at all. Every state's conduct rules require the agent to pass on all offers promptly. An offer you learn of after it lapsed is a serious matter.
• Buyers who are all "the agent's buyers". If the only offers are from people the agent brought without a public campaign, or from someone connected to the agency, ask directly whether the agent or a related party has any interest. Undisclosed conflicts of interest are an offence in every state.
• Marketing you paid for that never appeared: the premium portal tier that turned out to be standard, the photography rebate that was never passed on. In Victoria the agent must pay any rebate to you; everywhere they must disclose it.
• Pressure to accept an early offer with a deadline that comes from the agent rather than the buyer. Some early offers are the best offer. The tell is an agent who cannot explain why.

At the end

• A commission invoice that does not match the agreement, or GST added to a rate quoted as inclusive.
• Deposit money that moves slowly. The deposit sits in the agency's trust account, which is audited; delays or excuses about releasing it at settlement should go straight to the regulator, because trust-account breaches are the one category every state treats as urgent.

Step one, always: the agency in writing

Every regulator will ask whether you raised the problem with the agency first, and several will not open a file until you have. Write to the licensee in charge (the principal), not the salesperson: set out the facts with dates, say what outcome you want (a released agreement, a refund of marketing, a corrected invoice, a reduced commission), and give a deadline of seven to fourteen days. Keep it factual and keep a copy. Most disputes end here, because the principal's licence is the one at risk and a written complaint from a client is something they would rather resolve than have on file at Fair Trading.

If the agency is a franchise, the franchisor's head office is a second internal step that often works; the state real estate institute (REINSW, REIV, REIQ, REISA, REIWA and their counterparts) will take a complaint about a member, though their powers are limited to membership.

The evidence to keep

• the signed agency agreement, the marketing schedule and every variation;
• dated screenshots of each advertisement and any price guide, and the statement of information in Victoria;
• every email and text from the agent, and a note of each phone call with the date and what was said;
• the written offers, with the dates you were told about them;
• the commission invoice and the settlement statement.

Regulators act on documents. A complaint that says "the agent was useless" goes nowhere; one that says "the guide was $850,000 from 3 March to 28 March, the estimate on the agreement was $920,000, screenshots attached" gets investigated.

The route in each state and territory

New South Wales: NSW Fair Trading

Fair Trading regulates agents under the Property and Stock Agents Act 2002. Complain online through the property complaint form or on 13 32 20. Fair Trading will contact the agency to attempt a resolution, record the issue for compliance monitoring and, where it finds a breach, issue penalty notices or take disciplinary action; since 29 June 2026 it can also require an agent to publicise a breach, suspend them from particular activities and direct them to complete training. It does not award compensation. A dispute about the commission itself, or a claim for money, goes to the NSW Civil and Administrative Tribunal (NCAT). Check any agent's licence on the public register before you appoint them.

Victoria: Consumer Affairs Victoria

Consumer Affairs Victoria regulates agents under the Estate Agents Act 1980. Use the estate agent complaint form or call 1300 737 030. CAV expects you to have tried to resolve the matter with the agency and will not take a complaint that is already before a tribunal. It investigates breaches, including underquoting and rebate offences, and prosecutes; the sales authority must itself tell you where to complain about commission or outgoings. A dispute about the commission or expenses goes to VCAT.

Queensland: Office of Fair Trading

The Office of Fair Trading enforces the Property Occupations Act 2014. Call 13 QGOV (13 74 68) or use the online complaint form; the OFT asks that you try to resolve the matter with the agency first. It investigates conduct, licensing and trust-account breaches and can prosecute or start disciplinary proceedings in QCAT. It does not decide private claims over commission; those go to QCAT's civil jurisdiction or a court. Queensland's Claim Fund can compensate clients who lose money through an agent's dishonesty, such as misapplied trust money, on a claim lodged within the time limit.

South Australia: Consumer and Business Services

CBS regulates agents under the Land and Business (Sale and Conveyancing) Act 1994 and the Land Agents Act 1994. Call 131 882 or lodge online. CBS investigates, issues expiation notices and fines, and can take disciplinary action through the South Australian Civil and Administrative Tribunal. Under the Act an agent who breaches the agency-agreement or advertising rules forfeits the commission, and commission already paid can be recovered as a debt, which gives a South Australian seller more leverage than most.

Western Australia: Consumer Protection

Consumer Protection, part of the Department of Energy, Mines, Industry Regulation and Safety, regulates agents under the Real Estate and Business Agents Act 1978 and the Code of Conduct. Call 1300 30 40 54 to discuss the matter; a formal complaint must be lodged online or in writing. Consumer Protection conciliates, investigates and can bring disciplinary proceedings in the State Administrative Tribunal, which can fine, suspend or cancel a licence. Money claims go to the Magistrates Court.

Tasmania: the Property Agents Board and CBOS

Tasmania splits the job. The Property Agents Board licenses agents under the Property Agents and Land Transactions Act 2016 and investigates conduct complaints; call (03) 6281 3480 or use its complaint form. Consumer, Building and Occupational Services (CBOS) handles Australian Consumer Law matters. Disciplinary matters go to the Board and, on appeal, the Magistrates Court.

Australian Capital Territory: Access Canberra

Access Canberra regulates agents under the Agents Act 2003. Call 13 22 81 or lodge the online complaint form. It investigates conduct and licensing breaches and can refer disciplinary matters to the ACT Civil and Administrative Tribunal, which also hears money claims.

Northern Territory: NT Consumer Affairs

NT Consumer Affairs takes complaints on 1800 019 319. Agents are licensed under the Agents Licensing Act 1979 by the Agents Licensing Board, which hears disciplinary matters; conduct complaints reach it through the Commissioner. Money claims go to NTCAT.

What the regulator can and cannot do, in one table

Outcome you want	Who can give it
The agent investigated, fined or disciplined	The state regulator, in every state
Release from the agency agreement	The agency, by agreement; otherwise the term runs
Commission reduced or refunded	The agency by negotiation; the tribunal (NCAT, VCAT, QCAT, SACAT, SAT, ACAT, NTCAT) on a claim; forfeited by law in SA and, for non-compliant paperwork, in NSW, Victoria and Queensland
Marketing costs refunded	The agency, or the tribunal if the agreement or the law was breached
Compensation for a loss	The tribunal or a court; Queensland's Claim Fund for dishonesty losses
A rebate the agent kept	Recoverable from the agent in Victoria as of right; disclosed and recoverable by claim elsewhere

When to skip straight to the regulator

Trust-account irregularities, a suspected undisclosed interest in the buyer, an agent acting without a licence, and forged or altered documents are not matters for a polite letter to the principal. Report them at once; every regulator treats them as priorities, and in NSW, Queensland and WA they carry the largest penalties in the Act. Underquoting complaints are also better made during the campaign than after it, while the advertisements are live and the regulator can direct a valuation of the estimate.

Frequently asked questions

Can I stop paying commission while I complain?

Not unilaterally, unless the agreement or the law disentitles the agent (no written agreement, no copy served, no estimate, or in SA any breach of section 20). Withholding commission the agent is entitled to invites a debt claim. Pay under protest if you must, put your objection in writing, and claim it back through the tribunal.

Will a complaint hurt my sale?

A complaint to the principal usually improves the service, because the principal now has a reason to watch the file. A complaint to the regulator during the campaign can sour the relationship; if the agreement is close to expiry it may be better to let it lapse, relist elsewhere and then complain.

Is there a time limit?

Regulators prefer complaints within a year or so of the conduct and some will not act on older matters. Tribunal money claims are subject to the ordinary six-year limitation period for contract claims in most states, but do not rely on it; evidence and memories fade quickly.

How do I check an agent is licensed?

Each regulator publishes a public register: NSW Fair Trading's licence check, CAV's public register, the Queensland OFT licence search, CBS's public register in SA, Consumer Protection WA's licence search, the Tasmanian Property Agents Board register, Access Canberra's register and the NT Agents Licensing Board list. Check before you appoint, not after.

Where this fits

The best complaint is the one you never need to make. Our guide to choosing a selling agent and the questions to ask at the interview are where most of these problems are avoided. If you are mid-campaign and want out, see changing agents mid-campaign.

Sources

• NSW Fair Trading, Property complaints, and Property and Stock Agents Act 2002 (NSW).
• Consumer Affairs Victoria, Make a complaint about an estate agent, and Estate Agents Act 1980 (Vic).
• Queensland Office of Fair Trading, Make a consumer complaint, and Property Occupations Act 2014 (Qld).
• Consumer and Business Services SA, cbs.sa.gov.au, and Land and Business (Sale and Conveyancing) Act 1994 (SA), section 20.
• Consumer Protection WA, Selling property, and Real Estate and Business Agents Act 1978 (WA).
• Property Agents Board of Tasmania, Making a complaint; Access Canberra, Feedback and complaints; NT Consumer Affairs, Complaints and disputes.
• Phone numbers as published on each regulator's website in September 2026. Descriptions of tribunal jurisdiction are general; check the relevant tribunal's own guidance before filing.