Listing types

Most agencies will insist on what’s is called a 90 day exclusive appointment. What this means is, if they are not performing you are still stuck with them for 90 days.

Re-assigning it to another agent within the agency simply means the same bad agency policy will still exist. Most people want a clean break from agent and agency. But if you go ahead and appointment another agent and they sell it, you will still have to pay them commission as well. Not half but full commission to both agents. Even if you sell it yourself you will still have to pay full commission to the agent/ agency.

Being forced to stay with one agency that long is terrible if they are not selling or if you are not getting along with them.

Below is an extract from the QLD government about your choices. Similar information is available in all states. You will notice for both Exclusive and Sole listing options you are locked in, even if you are not getting the service or results you want.


Exclusive agency

If you become the exclusive agent for a property, you have the sole right to make the sale. You are entitled to a commission for selling the property, regardless of who actually sells it.

This means that you may still potentially claim a commission if:

  • another agent sells it
  • the client sells it themselves.

You must give the seller a notice stating:

  • that you are acting as an exclusive agency
  • how an exclusive agency is different from a sole agency
  • that you may still claim commission if somebody else makes the sale
  • how long the term of appointment will last
  • whether it will become an open listing after the expiry date.

For the sale of 1 or 2 residential properties, the maximum term of appointment is 90 days. If you agree on a term of more than 60 days:

  • either party may end the appointment but must give a minimum of 30 days’ written notice
  • the appointment must remain in effect for at least 60 days.

Sole agency

A sole agency is similar to an exclusive agency. You may still potentially claim a commission if another agent sells it. Unlike an exclusive agency, you are not entitled to a commission if the client sells it themselves.

You must give the seller a notice stating:

  • that you are acting as an sole agency
  • how an sole agency is different from an exclusive agency
  • that you may still claim commission if another agent makes the sale
  • how long the agreement will last
  • whether it will become an open listing after the expiry date.

For the sale of 1 or 2 residential properties, the maximum term of appointment is 90 days. If you agree on a term of more than 60 days:

  • either party may end the appointment but must give a minimum of 30 days’ written notice
  • the appointment must remain in effect for at least 60 days.


At McBeath Real Estate, we don’t force anyone into a 90 lock-in term.

LIST YOUR PROPERTY