An open listing lets you sign with several agents at once. You pay commission only to the agent who sells your home, and usually none if you find the buyer yourself. An exclusive listing gives one agent the right to sell for a set period, and you pay that agent whoever sells, even if it's you.

There's a middle option too. With a sole agency, you sign with one agent, but you don't pay commission if you find the buyer and bring about the sale yourself, without the agent. The names aren't used the same way in every state, so the commission clause in the agreement, not its heading, tells you which one you're signing.

Commission and marketing costs are negotiable, and the agreement sets them out in writing. Here's how the three compare, what your state allows, how to change agents without paying two commissions, and what to check before you sign.

Open listing, sole agency or exclusive agency: who do you pay?

The difference is who you pay when someone other than your agent finds the buyer. With a sole agency, you pay no commission if you, not the agent, bring about the sale. With an exclusive agency, you still pay your agent.

On an open listing or a sole agency, who brought about the sale decides who is paid. In NSW, Queensland and the ACT, the law calls that being the "effective cause" of the sale. NSW Fair Trading says that under a sole agency, you pay no commission if you find a buyer the agent didn't introduce.

Check the names on your form. In NSW, Queensland and the ACT, "sole" and "exclusive" mean what the table shows. In South Australia, the government's guide uses "sole agency" for what the table calls exclusive: you pay even if you sell it yourself.

In Victoria, the agreements are called "exclusive" and "general" authorities, says Consumer Affairs Victoria. WA Consumer Protection describes a "sole" listing as one where the agent is paid only if they're the one who sells. So read the commission clause, not the name on the form.

What is an open listing?

An open listing is an agency agreement (the contract that appoints an agent and sets what you'll pay them) that you can sign with several agents while keeping the right to sell the home yourself.

It's also called a general listing or open agency agreement in NSW, a general authority in Victoria, a general or open-listing agreement in South Australia and a general sales agreement in the Northern Territory.

Every agent on an open listing works for you, the seller. The agent who sells is paid the commission set in their own agreement with you. Some websites say an open listing means paying "half" the usual commission, but none of the regulators' guides we read say so.

Consumer Affairs Victoria calls general authorities less common than exclusive ones. South Australia's government guide says most agents won't offer an open listing, because they could pay for marketing and still see another agent sell the home.

Open listing or one agent: which could suit you?

We haven't found Australian research showing that either type gets a higher price, so it comes down to how you want to run your sale.

When an open listing could suit you

An open listing could suit you if:

• you might find a buyer yourself and don't want to pay commission on that sale
• you can find agents in your area willing to take one on
• you're happy to deal with several agents, each with its own agreement, and you've checked what each one says you'll pay for marketing

When one agent could suit you

Signing with one agent could suit you if:

• you want one person responsible for the price advice, the marketing and the negotiation
• you're comfortable committing for a set term, within your state's limits below
• you'd still like to sell to a buyer you find yourself, in which case it's worth asking for an agreement that doesn't charge commission when you do (a sole agency in NSW, Queensland and the ACT)

How long does an agency agreement last, and can you end it?

It depends on your state: Queensland limits a sole or exclusive agreement to sell a home to 90 days at a time. In South Australia, an agreement to sell a home can run for up to 90 days, plus one extension of up to 180 days. In Tasmania, an agency agreement is generally limited to 120 days.

The table below covers one-agent (sole or exclusive) agreements, though the rules in NSW, South Australia, Tasmania and the ACT also apply to open listings. Cooling-off, in the last column, is a short window after you sign when you can change your mind without paying anything.

One exception: the NSW and ACT 90-day exit doesn't apply where the sale contract has the seller building the home.

In South Australia, an agent who wants to extend must send you a notice of expiry before the agreement ends. If you don't reply refusing the extension, and you don't agree a shorter one in writing, it's extended once for 180 days.

During an extension, the law lets you end it by written notice at any time. The government's guide says to give at least 7 days' notice, so check your agreement.

Commission can outlast the agreement. In NSW, an exclusive agreement can entitle the agent to commission if you later sell to someone who started negotiating with that agent.

In Tasmania, the agent can claim if you sell within 90 days of the agreement ending to a buyer they introduced or showed through the home, where that was the effective cause of the sale. That doesn't apply if the sale comes under another valid agency agreement.

In WA, an exclusive agreement can let the agent claim commission for a set time after the exclusive period ends, for example on a buyer introduced during that period, by the agent or someone else.

Elsewhere, check the agreement's clause on this. Watch the end date in Queensland too: a sole or exclusive agreement can carry on as an open listing after it ends, if you both agree to that on the form.

How do you avoid paying two commissions?

If you want to change agents, end your current sole or exclusive agreement in writing, as it allows, before you sign with a new one. Otherwise, both agents may be able to charge you commission.

To switch agents without paying twice:

1. Check how and when your current agreement can end: its term, any notice period and your state's rules above.
2. End it in writing, as the agreement allows, before you sign with anyone else.
3. Ask the first agent whether they could still claim commission on buyers they introduced, and for how long.
4. If you're unsure whether it has ended properly, get legal advice before you sign the new agreement.

In NSW and the ACT, every agency agreement to sell a home must carry a written warning about paying two commissions, so look for it on the form.

In NSW, if an agent signs you up knowing, or with reason to suspect, that you're already in another agent's sole or exclusive agreement, they can't charge you any commission or expenses under the new agreement. You could still owe the first agent.

What to check before you sign

In the agency agreement, look for:

• The type. Who do you pay if you find the buyer, and if another agent sells? Read the commission clause, not just the heading.
• The term and end date. Does it roll over into an extension or an open listing?
• How to end it. The notice period, whether it must be in writing, and any fee for withdrawing the home early.
• Commission after it ends. Can the agent still claim if you sell to a buyer they introduced, and for how long?
• Commission if the sale falls through. In NSW, an agreement that charges commission even when a sale doesn't complete must carry a warning saying so.
• Marketing costs. Even if the home doesn't sell, you pay the marketing costs your agreement sets, unless you negotiated "no sale, no fee", say Consumer Affairs Victoria and WA Consumer Protection. Our guide to what advertising a property costs explains what a quote covers.
• An advertising maximum in WA. If you'll be paying advertising costs, the agreement must state the most you'll pay, and you initial it.
• The commission. The rate or fee, and when it's payable. In NSW, Victoria and the ACT, a percentage must also be shown as a dollar amount.
• Cooling-off in NSW. To cancel, give the agent signed written notice before it ends. You can only give it up by signing a waiver form before you sign the agreement, and only if the agent gave you the agreement and Fair Trading's consumer guide to cooling-off at least one business day earlier.

When you talk to agents (NSW Fair Trading suggests at least three), ask each one which agreement they're offering and whether they'd agree not to charge commission if you find the buyer yourself.

Consumer Affairs Victoria also warns against choosing an agent just because they give you the highest estimated selling price. Our guide to what your property is worth explains how to check an agent's figure.

Frequently asked questions

Sources

The rules on this page come from each state's regulator and legislation, checked on 16 October 2026:

• NSW: NSW Fair Trading, Agency agreements for the sale of property (updated 8 July 2026) and its approved guide to agency agreements, and the Property and Stock Agents Act 2002 and Regulation 2022
• Victoria: Consumer Affairs Victoria, Selling property with or without an agent (updated 5 May 2021) and Authorities, rebates and commission (updated 13 October 2023)
• Queensland: Office of Fair Trading, Appointing a real estate sales agent (updated 19 July 2024), and the Property Occupations Act 2014
• South Australia: Selling a property: engaging professionals (updated 9 June 2026), and the Land and Business (Sale and Conveyancing) Act 1994 and its Regulations 2025
• Western Australia: Consumer Protection, Selling property (updated 25 June 2026) and Real estate fees: negotiating with an agent (2021), and the Real Estate and Business Agents Act 1978 and Code of Conduct 2016
• Tasmania: the Property Agents and Land Transactions Act 2016
• ACT: the Agents Act 2003 and Agents Regulation 2003
• Northern Territory: NT Government, Dealing with a real estate agent, and the Agents Licensing Act 1979

This is general information, not legal advice. If you're unsure what an agreement means for you, a solicitor or your state's fair trading or consumer affairs office can help.