Real Estate Agents Act 2008

Duties relating to real estate agency work - Agency agreements

128: Agency agreement must disclose rebates, discounts, and commissions

You could also call this:

"Real estate agents must tell you about any extra money they get from selling your house."

Illustration for Real Estate Agents Act 2008

When you work with a real estate agent, they must tell you about any rebates, discounts, or commissions they get. They must write this in the agency agreement, including where the money comes from and how much they think they will get. You can find more information about this in the context of the Secret Commissions Act 1910.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152121.


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127: Approved guide to be provided before agency agreement for residential property signed, or

"Get a guide from the agent before signing a contract to sell your home"


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129: Regulations may make provisions in respect of agency agreements, or

"Rules about agreements between real estate agents and their clients"

Part 5Duties relating to real estate agency work
Agency agreements

128Agency agreement must disclose rebates, discounts, and commissions

  1. An agent is not entitled to any expenses from a client for or in connection with any real estate agency work carried out by the agent for the client in connection with a transaction unless the agency agreement under which the agent performs that work contains a statement that—

  2. identifies the source of all rebates, discounts, or commissions that the agent will or is eligible to receive in respect of those expenses; and
    1. specifies the estimated amount of those rebates, discounts, or commissions (to the extent that the amount can reasonably be estimated).
      1. This section does not limit the liability of any person under the Secret Commissions Act 1910.