Selling Your Property

The contract

The agency agreement

A legally binding contract between you and the agency (not just the individual agent). It authorises them to market your property and sets out the deal: method of sale, marketing plan and cost, commission, and when the agreement starts and ends. Before you sign, the agent must give you a written appraisal backed by comparable sales, plus REA's official agency agreement guide.

Sole vs general agency

Sole agency — one agency has the exclusive right to sell. Cleanest accountability, and how most homes are listed. Note: sell privately during a sole agency and you'll usually still owe commission.
General agency — several agencies can market the property, with commission to whoever sells it. Beware overlap: if two agencies can each claim they introduced the buyer, you can end up in a two-commission dispute.

Your cancellation rights

Changed your mind right after signing a sole agency? Cancel in writing by 5pm the first working day after receiving your copy.
Sole agencies longer than 90 days can be ended by either party after 90 days.
You can withdraw from the market any time before a sale goes unconditional — do it in writing and get confirmation.
Watch the stand-down clause: after the agreement ends (typically six months), selling to a buyer that agency introduced can still trigger commission.

Commission and expenses

The agent must explain how commission is calculated and give you a dollar estimate at the appraised price. It's usually deducted from the deposit once the sale is unconditional. Marketing is itemised separately, agreed up front, and payable even if the property doesn't sell. Agents must also disclose any rebate they receive on services you're paying for.

Identity checks

Anti-money-laundering law means the agency must verify your identity before listing — extra paperwork if the owner is a trust or company. Routine; just have the documents handy.

Tell your agent everything. Agents are legally required to disclose known defects to buyers, and you can't instruct them not to — in fact, an agent can cancel the agreement if you try. Full disclosure up front protects your sale and protects you after settlement.

Selling a unit title property

Unit titles come with extra disclosure duties: a pre-contract disclosure statement covering body corporate levies, funds, insurance and planned works, plus further disclosure before settlement. Your lawyer prepares these with the body corporate — start early.

Marketing your property

Marketing is about reaching every plausible buyer and making them compete. A strong campaign includes:

Professional photography (often video or aerials) — the highest-leverage spend.
The big portals — Trade Me Property, realestate.co.nz, OneRoof — plus the agency database.
Social media — targeted local reach (a big part of how we sell).
Signage and open homes — still where neighbours become buyers.
Honest copy — over-claiming creates legal risk and blows up deals at due diligence.

Ask what's free versus paid, and weigh each extra against the buyers it actually reaches.

← Stage 2: Preparing to sell Next: Dealing with offers →

This guide is general information, not legal or financial advice — always have your lawyer review an agency agreement before you sign. See also the Real Estate Authority's settled.govt.nz, including the official agency agreement guide.