Is a buyers agent licence different from a selling agent's?
No. Australian law treats buying for a client as ordinary real estate agency work. The licence that lets you sell or lease property for a fee also covers negotiating a purchase for a buyer. Queensland's Property Occupations Act 2014 shows this clearly. Section 26 says a real estate agent licence authorises the holder to buy, sell, exchange or let property for others for reward, and to negotiate those deals.
So the term buyers agent describes who you act for. The legal status stays the same. Consumer Affairs Victoria calls a buyer's agent, or buyer's advocate, a licensed estate agent who acts for the buyer for a fee. NSW Fair Trading says agents who act for the buyer are also known as buyer's agents. Your training, licence class and CPD follow the normal real estate rules in your state.
Can you start as a buyers agent without a full licence?
In several states, yes, provided you work under a licensed agent. In NSW, a buyer's agent can hold a certificate of registration and work under the direction of a licensed real estate agent. In Western Australia, a registered sales representative working under a licensed agent can act as a buyer's agent. The Real Estate Institute of Queensland says the minimum to work as a buyer's agent there is a registration certificate from the Office of Fair Trading.
To run your own buyers agency you need the full licence or registration. In NSW, there are two classes of real estate agent licence, and only class 1 agents can be nominated as licensee in charge of a business. In South Australia, any person or company that carries on a business negotiating the purchase or sale of land must be registered as a land agent with Consumer and Business Services.
What must a buyers agency agreement include?
You need a signed written agreement before you act for a buyer. In NSW, it is called a buyers' agency agreement, and the required terms sit in schedules 5 to 12 of the regulation. NSW also sets conduct rules. You must keep the client informed at each stage of negotiations and get the best possible price. You cannot go over the agreed price without the client's express written authority, and you cannot take a payment for referring the client to a selling agent.
In Victoria, the document is a buyers' agency authority. It gives you authority to act and sets your fees. Commission is not set by law. In Western Australia, a written contract is required. It is often called a written authority or authority to act. The law does not set its terms, but Consumer Protection expects the total fee to be shown clearly. WA fees often combine an engagement fee, a success fee and extra charges for services such as bidding at auction.
What happens if you act without a licence?
Queensland sets out the consequences in plain terms. Under section 97 of the Property Occupations Act 2014, performing licensed activity for reward without a licence carries a maximum of 200 penalty units or 2 years' imprisonment. Under section 89, an unlicensed person cannot sue for, recover or keep a fee for that work. You would carry the risk of prosecution and also lose the right to be paid.
Clients also lose protections when they use someone unlicensed. WA Consumer Protection notes that using a person licensed or registered in WA gives buyers access to the Fidelity Guarantee Account if an agent or their employee steals or misuses their money. Regulators in NSW, Victoria and WA all tell buyers to check the public licence register before they sign with a buyers agent. Expect clients and selling agents to check your licence.
Pay
AUD a year, before tax. Award rows are the official Real Estate Industry Award 2020 (MA000106) minimums, effective 1 July 2026. The other rows come from ABS Employee Earnings and Hours, May 2025, for real estate sales as a whole, indexed to 2026. State figures are modelled, and they do not separate out buyers agents, whose income depends heavily on success fees. Refer to the Real Estate Sales salary guide for figures from live adverts.
What you need
- Real estate licence or registrationYou need the same licence or registration as a selling agent in your state. No separate buyers agent licence exists.
- Supervision if registered onlyIn NSW and WA, a registered person can act as a buyers agent only while working under a licensed real estate agent.
- Written agency agreementHave the client sign a written agreement or authority before you act. It must set out your services and fees.
- Licence in the state of the propertyWA allows interstate agents to work there under Automatic Mutual Recognition, and buyers are told to check the AMR register.
- Fit and proper personWA Consumer Protection says a buyers agent must be a fit and proper person and suitably qualified. Queensland checks your suitability, including your criminal history.
State by state
| New South Wales | You need a real estate agent licence, or a certificate of registration while working under a licensed agent. Buyer's agents must follow specific conduct rules in the Property and Stock Agents Regulation 2022, and agreement terms are in schedules 5 to 12 of that regulation. |
|---|---|
| Victoria | Consumer Affairs Victoria treats a buyer's agent or advocate as a licensed estate agent who acts for the buyer. The client signs a buyers' agency authority, and fees are negotiable. |
| Queensland | A real estate agent licence under the Property Occupations Act 2014 covers buying for clients, and the REIQ says a registration certificate is the minimum. Acting unlicensed carries up to 200 penalty units or 2 years' jail, and you cannot recover your fee. |
| Western Australia | You need to be a real estate agent licensed under the Real Estate and Business Agents Act 1978, a registered sales representative under a licensed agent, or an interstate agent working under AMR. A written contract is required. |
| South Australia | Anyone carrying on a business that negotiates the buying or selling of land must be registered as a land agent with Consumer and Business Services. |
| Tasmania | The Property Agents Board issues real estate agent licences, which cover buying property for others. It also issues property representative licences. |
How to get there
- Month 1-3Complete the entry-level real estate unitsFinish the training your state sets for sales registration, such as the units needed for a Queensland registration certificate.
- Month 3-6Get registered and join an agencyWork under a licensed agent, either in a buyers agency or in sales, so you learn negotiation, contracts and auctions.
- Year 1-2Build purchase experienceRun searches, inspections, due diligence and auction bidding under supervision, and learn the agency agreement rules in your state.
- Year 1-4Upgrade to a full licenceIn NSW you must hold registration for 12 months before you can get a class 2 licence, so class 2 comes in year 1 to 2. You then need class 2 for 2 years before class 1, which puts class 1 at least 3 years after registration. You need class 1 to be licensee in charge.
- Year 4+ in NSWOpen or lead a buyers agencyWith a full licence or land agent registration, you can run your own business and supervise registered staff. In NSW this needs a class 1 licence.
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Questions people ask
Is there a separate buyers agent licence anywhere in Australia?
Not in any of the six states covered here. A buyers agent holds the same real estate licence or registration as a selling agent. The work is legally the same agency activity, done for the buyer instead of the seller.
Can I work as a buyers agent with only a certificate of registration?
In NSW, yes, as long as you work under the direction of a licensed real estate agent. WA allows registered sales representatives to do the same under a licensed agent. To run your own buyers agency, you need the full licence.
Do I need a written agreement with every buyer?
Yes. NSW requires a buyers' agency agreement with terms set by regulation. Victoria uses a buyers' agency authority, and WA requires a written contract that shows the total fee clearly.
Can a buyers agent take a referral fee from the selling agent?
Not in NSW. There, a buyer's agent must not accept any payment for referring a client to a selling agent. NSW agents must also get the best possible price and keep within the client's agreed limit unless the client gives express written authority.
What if I help someone buy property for a fee without a licence?
In Queensland, it is an offence carrying up to 200 penalty units or 2 years' imprisonment. You also cannot sue for, recover or keep the fee. Clients lose protections such as WA's Fidelity Guarantee Account when they use an unlicensed person.
Can I act for buyers in another state?
Only if you are permitted to work there. WA accepts interstate licensed agents under Automatic Mutual Recognition and tells buyers to check the AMR register. Regulators also warn that interstate agents may not know local contracts and processes.
Sources
- NSW Government: Using a real estate agent to buy a property
- NSW Fair Trading: Real estate agent licence
- Consumer Affairs Victoria: Seek expert advice on property
- Queensland Legislation: Property Occupations Act 2014
- REIQ: How to become a buyer's agent in Queensland
- Consumer Protection WA: Using a buyer's agent
- Consumer Protection WA: Thinking of using a buyer's agent?
- SA.GOV.AU: Land agent registration
- ABLIS: Real Estate Agent Licence, Tasmania
- Fair Work Commission: Real Estate Industry Award 2020
