Plate 6 of 6 · Complaints
When something goes wrong
A problem with a selling agent starts with the agent and then goes to the state regulator, which in NSW, Victoria and Queensland assesses complaints about agents’ conduct. Money an agent fails to account for from a trust account has a separate route in each state, through a compensation fund or a claim process, and those routes pay only for set kinds of loss.
General information, not legal advice. Time limits apply to claims, so for a matter of your own, the bodies named here are the place to check: NSW Fair Trading, Consumer Affairs Victoria and Queensland’s Office of Fair Trading.
First, the agent
All three regulators start in the same place. In NSW, Fair Trading’s advice is to raise the problem with the agent before anyone else, with the agency agreement to hand if it bears on the issue, and to allow the agent a fair chance to put it right. Queensland’s first step is to put the complaint to the agent in writing, saying what the problem is and what would fix it. Victorian agents must tell their clients about the agency’s complaint and dispute resolution procedures.
Then, the regulator
- NSW Fair TradingA seller can bring a dispute about a property sale or a real estate agent to its voluntary complaint service. After reviewing it, Fair Trading may point the seller to information that could settle it, note the issues for its later compliance work, or approach the agent to try to settle the dispute.
- Consumer Affairs VictoriaSellers can use its estate agent complaint form after trying to resolve the problem with the agent or agency. It assesses complaints against its regulatory approach and compliance policy, focusing on consumers most at risk of harm and on issues that could cause widespread harm, and a complainant may not hear back in some cases, such as a matter already taken to a tribunal or court. Underquoting is reported separately, as an unfair business practice.
- Queensland’s Office of Fair TradingIf the agent turns the complaint down and is a member of the Real Estate Institute of Queensland, the seller can ask the institute for advice. When that does not settle it, the seller can lodge a formal complaint with the Office of Fair Trading, and there may also be a claim for financial loss.
Since 29 June 2026, NSW Fair Trading’s disciplinary powers include requiring a person to publicise their misconduct, suspending an agent from activities such as property sales, and requiring a person to indemnify the Property Services Compensation Fund. A complaint about the size of a commission has its own route in Victoria and Queensland, set out on Commission and marketing costs.
When trust money is lost
A complaint asks the regulator to act on conduct. A fund claim asks for money back, and each state limits it to particular losses.
| Question | NSW: Property Services Compensation Fund | Victoria: Victorian Property Fund | Queensland: claim for financial loss |
|---|---|---|---|
| What it is for | People out of pocket because an agent or conveyancer failed to account for money or other valuable property held in trust. | Misuse or misappropriation of trust money or property by a licensed estate agent, conveyancer or their representative, known as defalcation. One example the page gives is failing to pay deposit money to a vendor after settlement. | Financial loss caused by a real estate agent, among other licensees, including not dealing with trust account money properly, stealing or misusing money they were trusted to pass on, or not disclosing a beneficial interest. |
| What it does not cover | The NSW page this guide read describes only the failure to account. | A belief that the agent acted unprofessionally, gave bad advice or misrepresented a property. | Poor service or negligence, and an agent not mentioning their relationship with a service provider they recommended. |
| Time limits | A written claim within 12 months of becoming aware of the failure to account, or 2 years from when it took place, whichever ends first. | The compensation claims page does not set one. A rejected claim can be appealed to the Victorian Civil and Administrative Tribunal within three months of the decision. | Time limits apply; the Office of Fair Trading’s claim pages give them. |
| How a claim is made | In writing to the Director-General, on claim form A or B, with supporting documents. | On the claim form for vendors, with the supporting documents it lists. A claim can cover the full monetary loss and the costs of claiming, less any fees owed to the agent, such as commission. | After trying to settle with the agent through their complaint process, as a written claim to the Office of Fair Trading. |
The Victorian fund shows up in two other places. Victoria’s public register of estate agents lists claims allowed by the Victorian Property Fund against an agent, where the Registrar has notice of them, which is one reason to search it before signing; the first plate, Whose licence is it?, reads the registers. The Victorian fund’s income includes interest on agents’ and conveyancers’ trust accounts.
Elsewhere
In Tasmania, the Property Agents Board takes complaints about agents, and in Western Australia, Consumer Protection publishes how to make a consumer complaint. For the other states and territories, the home page links each government’s pages for sellers.