An exclusive listing gives one agent the right to sell your home for a set period. If it sells during that time, you pay that agent commission, whoever finds the buyer, even if it's you. Some agreements also let the agent claim commission if a buyer they introduced buys after the agreement ends.

Consumer Affairs Victoria and South Australia's government guide both call it the most common type of agreement. Its close cousin, called a sole agency in NSW, Queensland and the ACT, also uses one agent. The difference is that you don't pay commission if you find the buyer yourself, without the agent.

Watch the label, though. South Australia's guide uses "sole agency" for the exclusive kind, so it's the commission clause, not the name, that tells you which you have.

If an agent has handed you one to sign, you can negotiate many of its terms first. For how it compares with an open listing, where you sign with several agents, see our guide to open listings vs exclusive listings.

How does an exclusive listing work?

You sign an agency agreement, also called a listing agreement. It's the contract that appoints the agent and sets what you'll pay, and it gives one agent the right to sell for a fixed term. If your home sells in that time, you pay that agent, whoever finds the buyer.

In NSW, Queensland and the ACT, the law calls this an exclusive agency. The agent is paid whoever brings about the sale, including you. The law's term for whoever brings it about is the "effective cause" of the sale.

The name on the form changes by state. Victoria calls it an exclusive authority, the NT a sole and exclusive sales agreement, WA's regulator an exclusive listing and South Australia's guide a sole agency. So whatever your state, read the commission clause, not the heading on the form.

Say you sign a valid 90-day agreement with one agent. Here's who you'd pay in three situations, assuming each sale goes through:

The agent works for you, not the buyer. In NSW, the ACT and WA, the law says the agent must act in your best interests and pass on offers to you.

In South Australia, the agreement itself must say the agent will act in your best interests, and Consumer Affairs Victoria says Victorian agents must also act in your best interests.

What are the pros and cons of an exclusive listing?

The main advantage is that one agency is responsible for your whole sale, working to a marketing plan you can ask to have in writing. The main drawbacks are that you pay that agent even if you find the buyer, and you're committed for the term.

We haven't found Australian research comparing sale prices by type of listing, so it's a choice about control and commitment.

What you get

• One agency responsible. The same agency gives you the price advice, runs the marketing and negotiates with buyers.
• A written plan, if you ask. Consumer Affairs Victoria suggests asking for a written marketing plan, so you know where your home will be advertised and what it costs.
• More agents to choose from. South Australia's guide says most agents won't offer an open listing. WA Consumer Protection says agents prefer exclusive listings because "a selling fee is guaranteed to the agent in the event of sale".

What you give up

• Commission if you find the buyer. You pay the agent even if you sell to someone you found, unless your agreement says otherwise, as a sole agency does in NSW, Queensland and the ACT.
• The right to walk away early. You generally can't leave before a fixed term ends unless your agreement allows it, the agent agrees, or your state's law gives you a way out.
• Marketing costs if it doesn't sell. Consumer Affairs Victoria and WA Consumer Protection both say you pay the marketing costs your agreement sets, even if the home doesn't sell, unless you negotiated "no sale, no fee".
• Commission that can outlast the agreement. Some agreements let the agent claim commission on a buyer they introduced, for a time after the term ends.

What can you negotiate in an exclusive agreement?

Many of its terms, though not the ones the law sets. "The amounts charged by agents are not set by law," says NSW Fair Trading. WA Consumer Protection warns that the terms "are usually in the agent's favour", so be ready to negotiate before you sign.

Things you can ask for:

• A sole agency instead. If you might find a buyer yourself, ask for an agreement that doesn't charge commission when you do. In Queensland, the agent must discuss sole agency and exclusive agency with you before you sign. WA Consumer Protection lists a fee when you find the buyer as an option you can agree to or refuse.
• A shorter term. In Queensland you can negotiate the term up to the 90-day maximum. In WA, "You can write in whatever period of time you prefer," says Consumer Protection.
• The commission. It's negotiable, and so is when it's payable. Queensland's form makes it payable on settlement (when the sale completes and ownership passes to the buyer) unless you choose otherwise.
• The marketing budget. Agree the amount, ask for "no sale, no fee", or set a maximum. Our guide to what advertising a property costs explains what a marketing quote covers.
• Commission after it ends. Ask whether the agent can claim on a buyer they introduced, for how long after the term, and what counts as introducing them. WA Consumer Protection lists this as an option you can agree to or refuse.
• A cancellation fee. South Australia's guide warns the contract "might include a cancellation fee" if you withdraw your home early. Ask whether yours has one.

Any change you agree should be in writing and signed or initialled by you both.

One less common idea comes from South Australia's guide: a commission penalty if the home sells below the agent's estimate, or a bonus if it sells above.

In NSW, an agent can't tell you a clause is required by the agency laws when it isn't. If you're unsure whether a clause is optional, ask the agent which law requires it.

NSW Fair Trading suggests talking to at least three agents before you choose. Ask each one which agreement they're offering and what they'd be willing to change.

What must an exclusive listing agreement say?

Agency law in every state and territory requires the agreement to be in writing. Before you sign, check it shows:

• The type, how long it lasts (a set period, or until one of you ends it), and how either of you can end it.
• The commission, and when it's payable. In NSW, Victoria and the ACT, a percentage must also be shown as a dollar amount. WA Consumer Protection says the same applies in WA.
• The marketing and other costs you're agreeing to, and any rebates or discounts the agent gets on them.
• The agent's estimated selling price, in NSW and Victoria as a single figure or a range no wider than 10 per cent. In South Australia, the agreement shows the agent's estimate and the price you're seeking, each as a single figure. Our guide to what your property is worth explains how to check an agent's figure.
• A warning, in NSW and the ACT, that you may have to pay two commissions if you sign with more than one agent.

In Queensland, the agreement is the government's Form 6, which advises you to get independent legal advice before signing. One line in the form's description of an exclusive agency can read as if you don't pay commission when you sell the home yourself, but the Act says you do.

In NSW, the agent must give you a signed copy within 48 hours. You also have a cooling-off period, a short window to change your mind. It runs until 5pm the next business day or Saturday, whichever comes first, unless the agreement extends it or you validly gave it up before signing.

How long does an exclusive listing last?

Within your state's limits: up to 90 days at a time in Queensland, 90 days plus one extension in South Australia, generally 120 days in Tasmania, and no set maximum elsewhere. South Australia's extension is up to 90 days if you agree in writing, or 180 days if you don't reply to a notice of expiry.

WA Consumer Protection says exclusive terms usually run 60 to 120 days. Our state-by-state table sets out each state's term, exit and cooling-off rules.

What happens when an exclusive listing ends?

An exclusive listing ends on the end date in your agreement or, if there isn't one, in the way your agreement or your state's law sets out. Some obligations can carry on after that, and in some cases the agreement itself can continue:

• Commission on a buyer the agent introduced. In Tasmania, the agent can claim if you sell within 90 days to a buyer they introduced or showed through, where that was the effective cause of the sale. That doesn't apply if the sale comes under another valid agency agreement.
• Commission under the agreement's own clause. In NSW, an exclusive agreement may entitle the agent to commission if you later sell to someone who started negotiating with them. In WA, it depends on what you agreed.
• An automatic extension in South Australia. If the agent sends you a notice of expiry, it's extended once, for 180 days, unless you refuse before the end date or agree a shorter extension in writing. Without a notice, it ends on its date.
• An open listing in Queensland. When the exclusive term ends, the agreement can carry on as an open listing, if you both agreed to that on the form.

In Queensland, if you want to keep the same agent, you can sign a new agreement with them no earlier than 14 days before the old one ends. In Victoria, if it expires unsold and you don't want the agent any more, Consumer Affairs Victoria says to tell them in writing.

Can you get out of an exclusive listing early?

If you've signed and it isn't working, you can generally end it early only if your agreement allows it, the agent agrees, or your state's law gives you a way out. NSW Fair Trading's guide says a fixed term can't be ended unless you both agree, and Victoria and the NT say the same.

The exceptions set by state law:

• NSW, straight after signing: during the cooling-off period, by signed written notice, unless you validly gave it up.
• NSW and the ACT: if the term is over 90 days, you can end it without penalty once the first 90 days have passed, by giving 30 days' written notice. This doesn't apply if you're building the home under the sale contract.
• Queensland: for a term of 60 days or more, either of you can end it with 30 days' written notice, but it must run at least 60 days unless you both agree otherwise in writing.
• Tasmania: either of you can end it with written notice, which can't be longer than 30 days.
• South Australia: during an extension, the law lets you end it by written notice at any time. The government's guide says to give at least 7 days' notice, so check your agreement.

In WA, and during a South Australian agreement's first term, ending it early depends on what your agreement says.

If you want out:

• check your agreement's end date and what it says about ending it, and whether an exception for your state applies
• check the agreement for a cancellation fee
• if neither your agreement nor an exception lets you end it, ask the agent to agree in writing
• don't sign with another agent until it's ended in writing, or you may owe both of them commission

If you're unhappy with the service, raise it with the agent first. If that doesn't fix it, NSW Fair Trading, Consumer Affairs Victoria, Queensland's Office of Fair Trading and WA Consumer Protection all take complaints about agents.

Frequently asked questions

Sources

The rules on this page come from each state's regulator and legislation, checked on 16 October 2026:

• NSW: NSW Fair Trading, Agency agreements for the sale of property (updated 8 July 2026) and its approved guide to agency agreements, and the Property and Stock Agents Act 2002 and Regulation 2022
• Victoria: Consumer Affairs Victoria, Selling property with or without an agent (updated 5 May 2021), and the Estate Agents Act 1980
• Queensland: Office of Fair Trading, Appointing a real estate sales agent (updated 19 July 2024), Form 6 (May 2024), and the Property Occupations Act 2014
• South Australia: Selling a property: engaging professionals (updated 9 June 2026), and the Land and Business (Sale and Conveyancing) Act 1994 and its Regulations 2025
• Western Australia: Consumer Protection, Selling property (updated 25 June 2026) and Real estate fees: negotiating with an agent (2021), and the Real Estate and Business Agents Act 1978 and Code of Conduct 2016
• Tasmania: the Property Agents and Land Transactions Act 2016
• ACT: the Agents Regulation 2003
• Northern Territory: NT Government, Dealing with a real estate agent, and the Agents Licensing Act 1979

This is general information, not legal advice. If you're unsure what an agreement means for you, a solicitor or your state's fair trading or consumer affairs office can help.