Who pays the selling agent?

The vendor (seller) pays the selling agent's commission, typically 1.5–2.5% of the final sale price in Queensland. This commission is paid from the sale proceeds at settlement. Because the selling agent is paid a percentage of the sale price, they have a financial incentive to maximise the price — which is directly contrary to the buyer's interest.

Can an agent represent both the buyer and the seller?

In most Australian states, dual-agency (representing both parties in the same transaction) is legally restricted and requires explicit written disclosure and consent from both parties. Even where technically permissible, it creates an inherent conflict of interest. A genuine buyers agent will refuse to act for vendors and will have no referral relationships that compromise their independence.

Is the selling agent working for me if I am the buyer?

No. The selling agent's legal obligation is to the vendor, not to you. They may be courteous and helpful — good selling agents often are, because it facilitates transactions — but they are not required to disclose information that might damage the vendor's position, recommend you offer less than you are willing to pay, or act against the vendor's interests. Understanding this clearly changes how you approach every interaction with a selling agent.

Buyers Agent vs Selling Agent: What's the Difference? (AU Guide)

Q: What is the difference between a buyers agent and a selling agent?

A selling agent (also called a listing agent or vendor's agent) is hired by and legally obligated to act in the interests of the property seller. A buyers agent is hired by and legally obligated to act in the interests of the property buyer. They operate on opposite sides of the transaction and cannot legally or ethically represent both parties simultaneously.

Q: Who pays the buyers agent?

The buyer pays the buyers agent directly. In Australia, buyers agents are not paid from the sale commission — they charge the buyer a separate fee (typically $9,000–$20,000 fixed, or 1.5–2.5% of the purchase price). This fee structure is important: it means the buyers agent's income is independent of the sale price, removing any incentive to push the price up.

At-a-glance comparison

Buyers Agent

Hired by and works for the buyer
Paid by the buyer (fixed fee or % of purchase price)
Legal obligation: act in buyer's best interest
Goal: lowest possible price + best property
Provides: search, valuation, negotiation, auction bidding
Must disclose: all information material to buyer's decision

Selling Agent

Hired by and works for the vendor
Paid by the vendor (commission % of sale price)
Legal obligation: act in vendor's best interest
Goal: highest possible sale price + fastest settlement
Provides: listing, marketing, buyer management, negotiation
Must disclose: material facts about the property condition

Why this matters in a property negotiation

When you negotiate directly with a selling agent, you are negotiating against someone who has done this dozens of times in that suburb, knows the vendor's reserve, knows what comparable properties have achieved, and is financially incentivised to close at the highest possible price.

The selling agent is not your adversary — they are a professional doing their job. But their job is not to help you buy well. Understanding this changes how you should interpret everything they tell you:

"There are other buyers interested" — may be true, may be a pressure tactic. A buyers agent knows how long the property has been on market and how many genuine enquiries comparable listings typically generate.
"The vendor won't take less than X" — a negotiating position, not a floor. Experienced buyers agents regularly achieve prices below stated vendor minimums.
"This is fairly priced for the suburb" — the selling agent's job is to present price favourably. An independent comparable sales analysis may tell a different story.

The key insight

You are the only unrepresented party unless you hire representation.

The vendor has professional representation — the selling agent. Without a buyers agent, you are negotiating alone against a professional. In competitive Brisbane inner-suburb markets where emotional attachment to specific properties is high and auction conditions are common, this is a structural disadvantage that buyers agents are specifically designed to address.

Who pays each agent — and why it matters

Agent type	Paid by	When paid	Typical fee (Brisbane)
Selling agent	Vendor	From sale proceeds at settlement	1.5–2.5% of sale price
Buyers agent	Buyer	At settlement (+ retainer at engagement)	$9,000–$20,000 fixed or 1.5–2.5% of purchase price

The payment structure reveals the incentive structure. The selling agent's commission scales with the sale price — they earn more if the price is higher. A buyers agent charging a fixed fee has no financial incentive tied to the purchase price, which aligns their interest with yours.

Some buyers agents charge a percentage of the purchase price. This creates a potential conflict of interest worth asking about — a higher purchase price means a higher fee. Fixed-fee buyers agents are preferable for this reason.

Can an agent work for both buyer and vendor?

In Queensland, dual-agency — representing both the buyer and the vendor in the same transaction — is legally permitted but requires written disclosure and informed consent from both parties. In practice, it creates an impossible conflict of interest: the agent cannot simultaneously maximise the vendor's sale price and minimise the buyer's purchase price.

Legitimate buyers agents do not take dual-agency arrangements. If an agent proposes to represent both you and the vendor on the same property, that is a significant red flag.

Questions to ask a buyers agent to confirm they are truly independent

Do you accept any commissions or referral fees from selling agents, mortgage brokers, or building inspectors?
Do you ever act as a selling agent or dual agent?
Are you a current REBAA member?
How is your fee structured — fixed or percentage? (If percentage: how do you handle the conflict of interest this creates?)
Can I see your standard agency agreement before engaging you?

Frequently asked questions

What is the difference between a buyers agent and a selling agent?

A selling agent represents the vendor and is paid by the vendor to achieve the highest sale price. A buyers agent represents the buyer and is paid by the buyer to achieve the best purchase at the lowest price. Their legal obligations, incentives, and interests are directly opposed.

Is the selling agent looking out for me?

No — their legal obligation is to the vendor, not to you. They may be helpful and professional, but they are not required to disclose information that disadvantages the vendor, recommend you offer less, or act against the vendor's financial interest. Treat everything they tell you as advocacy for the vendor's position.

Who pays the buyers agent?

You do — the buyer pays the buyers agent directly. In Australia, buyers agent fees are not taken from the sale commission. The buyer pays a separate fixed fee or percentage of the purchase price, typically at settlement.

Can one agent represent both buyer and seller?

Technically permissible in Queensland with disclosure and consent, but it creates an inherent conflict of interest. A genuine buyers agent will not take dual-agency arrangements. If an agent suggests representing both parties, that compromises your negotiation position fundamentally.

Does a buyers agent need a real estate licence?

Yes. In Queensland, buyers agents must hold a valid real estate agent's licence issued by the Office of Fair Trading. REBAA membership is voluntary but signals experience and professional standards above the licence minimum.

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