How to complain about a real estate agent, conveyancer or duty assessment

Start with a written complaint to the business itself, giving it a reasonable time to respond. If that fails, a complaint about a real estate agent or licensed conveyancer goes to your state's fair trading or consumer regulator, and a money dispute, such as commission you think is not owed, can go to the state's civil and administrative tribunal. Complaints about a solicitor go to the state's legal services commissioner or equivalent. If you disagree with a duty assessment, you lodge an objection with the revenue office within the time limit, and for tax matters you object to the ATO. Money stolen from a trust account may be recoverable from a state compensation fund.

This guide is part of costly mistakes when selling a house. The commission clauses that cause most disputes are in agency agreement traps.

Step 1: write to the business

Include:

What happened, with dates
The clause of the agency agreement or costs agreement involved
What you want: a refund, a corrected invoice, release from the agreement
Copies of the agreement, invoices, emails and texts
A deadline for a reply, for example 14 days

Keep it factual. Agencies and law firms often resolve disputes once the issue is in writing and linked to a clause.

Step 2: the regulator or tribunal

State	Agents and conveyancers	Tribunal for money disputes	Solicitors
NSW	NSW Fair Trading	NSW Civil and Administrative Tribunal (NCAT)	Office of the Legal Services Commissioner
Victoria	Consumer Affairs Victoria	Victorian Civil and Administrative Tribunal (VCAT)	Victorian Legal Services Board and Commissioner
Queensland	Office of Fair Trading	Queensland Civil and Administrative Tribunal (QCAT)	Legal Services Commission
WA	Consumer Protection WA	State Administrative Tribunal or Magistrates Court	Legal Practice Board of WA
SA	Consumer and Business Services	SA Civil and Administrative Tribunal or Magistrates Court	Legal Profession Conduct Commissioner
Tasmania	CBOS and the Property Agents Board	Magistrates Court or relevant tribunal	Legal Profession Board of Tasmania
ACT	Access Canberra	ACT Civil and Administrative Tribunal (ACAT)	ACT Law Society
NT	Agents Licensing Board / NT Consumer Affairs	NT Civil and Administrative Tribunal (NTCAT)	Law Society Northern Territory

Which tribunal hears a commission dispute and the monetary limit depend on the state and the amount. Regulators investigate breaches of the law, such as underquoting or failing to disclose rebates, and can discipline or fine agents; they do not usually award you compensation. A tribunal or court decides who owes what.

Common complaint types and where they go

Problem	First stop after the business
Agent charged more commission than the agreement allows	Tribunal for the money; regulator if there is a breach of the agents law
Two agents claiming commission	Tribunal or court; get legal advice
Underquoting or misleading advertising (see underquoting and price guides)	NSW Fair Trading, Consumer Affairs Victoria or your state regulator
Rebates not disclosed	Regulator
Conveyancer missed a deadline or made an error	The conveyancer's professional indemnity insurer via a claim; regulator for conduct
Solicitor's bill seems too high	Legal services commissioner; costs assessment
Trust money missing	Regulator and the state compensation or fidelity fund
Duty assessment wrong	Objection to the revenue office
Clearance certificate or withholding problem	The ATO

Objecting to a duty assessment

Each revenue office allows you to object to an assessment you think is wrong, for example because a concession was not applied. There is a time limit, commonly 60 days from the assessment notice; check your notice and the revenue office website. If the objection is refused you can usually seek review at the state tribunal or court. Keep paying any amount due while the objection is decided, or ask about a payment arrangement.

Tax disagreements

If the ATO amends your tax return because of a capital gain, you can lodge an objection. For foreign resident withholding, contact the ATO about the credit, and a variation application if you are a foreign resident. A registered tax agent can act for you.

Evidence that wins disputes

The signed agency agreement and any variations
The estimated selling price and any statement of information
Marketing invoices and the agent's final account
Emails and texts about price, offers and buyers introduced
For conveyancers, the fee quote and costs disclosure

Frequently asked questions

Is there an ombudsman for real estate agents?

Not as such. State fair trading regulators take complaints, and tribunals decide money disputes. The Australian Financial Complaints Authority deals with lenders, not agents.

How long do I have to complain?

Regulators accept complaints for some time after the event, but tribunals and courts have time limits for claims. Act within months, not years.

Can I withhold commission while I dispute it?

The agent usually deducts commission from the deposit held in trust. If you dispute it, tell the agency in writing before settlement and ask the agency not to release the amount until the dispute is resolved; the agent's trust account rules may require it to hold disputed money.

Do I need a lawyer for a tribunal?

Many people represent themselves in consumer tribunals, which are designed to be less formal. For a large commission dispute, legal advice is worth the cost.

Official sources

NSW Fair Trading — complaints about agents and conveyancers
NCAT — consumer and commercial disputes in NSW
Consumer Affairs Victoria — complaints about estate agents and conveyancers
VCAT — civil disputes in Victoria
QCAT — Queensland tribunal
Victorian Legal Services Board and Commissioner — complaints about lawyers in Victoria
Australian Taxation Office — objections and withholding credits