How to Find a Good Real Estate Agent When Selling

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A conveyancer’s guide to choosing wisely before signing anything

 
Selling your property is a major financial transaction. Whether it’s your family home, an investment property, or a deceased estate, your choice of real estate agent will have a direct impact on the outcome—both financially and emotionally.

As licensed conveyancers acting under the Conveyancers Act 2006 (Vic), we often see the consequences of poor agent choices. From overpriced marketing campaigns that fail to attract buyers to contracts that fall over due to inadequate vetting, we’ve seen the best and the worst.

This guide has been prepared to help you, the vendor, make an informed decision—before you speak to an agent, sign a Sales Authority, or agree to any commission.

1. Start With Who Knows Your Local Market—Not Just Who’s Nearby

Don’t fall into the trap of choosing an agent just because they have a shopfront in the suburb.

Instead, ask:

  • Have they sold similar properties in the last 12 months in your immediate neighbourhood?

  • Can they discuss recent comparable sales with clarity and documentation?

  • Are they familiar with your property's zone, overlay, planning constraints or subdivision potential?

In Victoria, differences in overlays (such as DDO, SBO, or GRZ versus RGZ) can create hundreds of thousands in price variance. An agent who does not understand planning law or has never read your Section 32 Vendor Statement is not going to secure you the best result.

 

2. Verify Their Licence and Check for Disciplinary History

All real estate agents and sales representatives must be licensed under the Estate Agents Act 1980 (Vic).

You can check an agent’s licence status, disciplinary record and company registration through Consumer Affairs Victoria’s public register at:
👉 https://www.consumer.vic.gov.au

You may also verify whether the business operates under a licensed corporation or acts as an independent contractor. If they cannot show you proof of their licence, do not proceed.

 

3. Interview at Least Three Agents and Record Their Proposals

Invite at least three agents to inspect your property and give a detailed sales proposal. Use the same format and questions with each so you can make a like-for-like comparison.

Ask:

  • What method of sale do you recommend (private sale, auction, expression of interest)?

  • What is your pricing strategy—and what evidence supports it?

  • How much will your commission be, and is it fixed or tiered?

  • Do you charge for marketing upfront? If so, can I see a breakdown of costs?

  • Who actually conducts the open homes—yourself or a junior staff member?

  • Can I see sample contracts and advertisements from recent campaigns?

Agents who pressure you to sign quickly, offer vague price ranges, or heavily upsell premium marketing packages are not acting in your interests. Their role is to sell your property, not to sell you a billboard package.

 

4. Ask for Their Sales Authority Document in Advance—And Include a Right to Cancel If They Don’t Perform

The Sales Authority is the document that legally appoints the real estate agent to act on your behalf. It is enforceable under the Estate Agents Act 1980 (Vic), and once signed, it becomes binding—often locking you in with that agent for 60, 90, or even 120 days, depending on the terms.

It must disclose:

  • The method of sale (auction, private, EOI, etc.)

  • The proposed price range

  • The commission structure (flat, tiered, or performance-based)

  • Who pays marketing and advertising costs and when

  • The cooling-off period (typically 3 business days under Victorian law)

  • The duration of the agency agreement

Never sign this document at the first meeting.

It is a common pitfall: a vendor invites three agents to inspect the property, one after the other. By the third meeting, they’re fatigued and overwhelmed. An agent compliments the home, talks quickly, and slides a clipboard across the table. The vendor signs out of politeness or pressure—and later realises they’ve appointed the wrong agent.

If the agent underperforms, doesn’t communicate, or overquotes and misses the mark, you are still stuck with them—and you may be liable for commission even if you sell through someone else or don’t sell at all.

What should you do instead?

  • Ask each agent to email you their proposed Sales Authority at least 2–3 days prior to the meeting.

  • Read it in your own time and share it with your family or legal adviser.

  • Forward the document to us—david@quick32.com—for a detailed review.

  • Never allow yourself to be rushed into signing anything on the spot.

Request a termination clause upfront.

Ask the agent to agree, in writing, that if you are not happy with their performance, you may terminate the authority by giving seven days’ written notice. This is not a standard clause, but a professional agent who truly believes in their ability should have no issue agreeing to it.

If they refuse to back themselves with this simple request, you are entitled to ask:
“If you don’t trust yourself to deliver results, why should I trust you with my biggest asset?”

Inserting such a clause shifts the balance of power back to the vendor and allows you to stay in control of the process.

We are happy to review any Sales Authority free of charge before you sign.
Simply email it to david@quick32.com and we’ll flag any unfair terms, commission traps or lock-in clauses.

 

5. Vet Their Contract Skills and Buyer Handling Experience

Many sales fall apart due to poorly written contracts, sloppy buyer screening, or agents who don’t follow up promptly. This is where legal and conveyancing knowledge matters just as much as salesmanship.

Ask the agent:

  • Do they know how to handle offers subject to finance or building inspections?

  • Do they issue and manage Section 27 deposit releases competently?

  • Can they explain how to deal with caveats, GST Withholding Notices, or Foreign Resident Capital Gains Withholding (FRCGW) obligations?

As your conveyancer, we often have to clean up these messes after they’ve occurred. Choosing a competent agent from the outset helps avoid delays, disputes, and failed settlements.

Try mystery shopping them.

Before signing anything, consider attending one of the agent’s current open-for-inspection properties. You needn’t reveal that you're a potential vendor. Show moderate interest—not too keen, not too disinterested—and then wait.

Do they follow you up with a phone call or email?
Do they try to sell you the house you inspected?
Do they send you comparable listings or ask for feedback?

That’s exactly how they’ll treat buyers for your property. If they don’t follow you up as a buyer, don’t expect them to do much better when you're the seller.

This is one of the most reliable tests of an agent’s real-world professionalism—and it costs you nothing.

 

6. Pay Attention to How They Communicate and Follow Up

A good agent will:

  • Return calls and emails promptly.

  • Provide clear, written feedback after inspections.

  • Keep you updated without being asked.

  • Demonstrate respect for both your time and your goals.

We’ve seen vendors lose buyers simply because their agent failed to respond in time or failed to ask the right questions.

 

7. Use Us as a Resource Before You Decide

We act for vendors across all suburbs of Melbourne and regional Victoria. We see which agents run clean files and which ones cause problems. We don’t take kickbacks or referral fees from any agents—so our advice is based solely on what protects your interests.

In my previous life, I’ve been a real estate agent, a used car salesman, and an elected councillor and mayor of Frankston City. I know how to talk the talk and walk the walk—and I also know exactly when I’m being fed a line.

I understand negotiation. I understand persuasion. And I understand the difference between genuine advice and clever sales tactics. When you come to me for a second opinion on an agent’s proposal or commission structure, you’re not just getting a professional review—you’re getting insight from someone who’s been on both sides of the deal.

If you’re unsure about an agent, their pitch, or their paperwork, send it through. I’ll review it and give you a plain, honest opinion about whether they’re offering real value—or just working an angle.

 

8. Understand Commission—And What It Really Tells You About an Agent

In Victoria, real estate agent commission is entirely negotiable. There is no legislated or fixed rate. Agents are free to propose their own fee structures, and as the vendor, you are entitled to question, negotiate, and reject those terms.

Commission models are typically offered as:

  • A flat percentage of the sale price (e.g. 1.8% or 2.2%)

  • A fixed fee, agreed upfront regardless of outcome (less common)

  • A tiered model, which escalates commission if the agent exceeds a nominated threshold (e.g. 2% up to $900,000, then 10% on anything above that)

We never, ever recommend the tiered commission model.

Tiered commission schemes are often proposed by agents who suspect that the property has been deliberately underquoted in their own appraisal—and intend to profit by exceeding that artificially low base. In our experience, these models are designed not to reward effort, but to capitalise on low vendor expectations.

The agent who walks in and offers the lowest commission is not selling their service—they are selling the cheapest product. Ask yourself:

If they cannot defend the value of their own professional fee, how can they possibly defend the value of your property in a negotiation with a buyer?

There is a direct correlation between an agent’s ability to justify their worth and their ability to justify your property’s value. If they fold quickly on their own commission, they will likely fold when a buyer pushes back on your asking price.

That does not mean the most expensive agent is always the best. But it does mean you should demand a clear explanation of:

  • Why their commission is set where it is

  • Exactly what is included in their service offering

  • Whether marketing costs are included or additional

  • Whether commission is payable if the property is withdrawn

  • Whether they charge for failed campaigns or re-listings

Remember: Commission is a negotiation—and a test. It’s often the first opportunity you get to see how the agent handles pressure. If they cannot negotiate confidently with you, they will not negotiate confidently for you.

Conclusion: Choose Carefully, Sign Nothing Blindly

Your real estate agent is not just a salesperson—they are your representative under law. Choosing the right one can mean the difference between a smooth sale and a dispute-riddled disaster.

Never sign a Sales Authority without a professional review, and don’t be afraid to walk away from an agent who doesn’t answer your questions.

 

✅ Want Us to Review the Agent’s Sales Authority?

Simply email it to us at david@quick32.com and we’ll check it for common traps—before you lock yourself in.

Kind regards,
 
David Dawn
Licensed Conveyancer
Victorian Property Settlements
PO Box 11220, Frankston VIC 3199
📞 03 9783 0111
✉️ david@quick32.com