Quick answer: A buyers advocate (also called a buyer’s agent) is paid to act for the buyer, not the seller: they search for, assess and negotiate the purchase of a property on your behalf. In NSW, VIC, QLD and WA they must be licensed as real estate agents or work under a licensee. Fees are negotiable. The question that matters most is whether anyone else, such as a builder or developer, is also paying them.
What Does a Buyers Advocate Do?
Moneysmart describes a buyer advocate as someone “paid a fee to work on behalf of a buyer to evaluate and negotiate a property purchase” (Moneysmart).
NSW Fair Trading lists the typical services: finding, assessing and shortlisting properties that meet your criteria, and evaluating and negotiating the price on your behalf (NSW Government). Queensland adds background checks and bidding at auction (Queensland Government). WA lists attending inspections, explaining contracts, arranging inspections and overseeing settlement (WA Consumer Protection).
A selling agent works for the seller and is paid by the seller. A buyers advocate is meant to sit on the other side of the table.
Do Buyers Advocates Need a Licence?
| State | What the regulator says |
|---|---|
| NSW | Must hold a real estate agent’s licence, or a certificate of registration and work under a licensed agent (NSW Fair Trading). |
| VIC | “A buyer’s agent, also known as a buyer’s advocate, is a licensed estate agent” (Consumer Affairs Victoria). |
| QLD | Real estate agents must hold a licence to work in Queensland, and a buyer’s agent is appointed on an approved form (Queensland Government). |
| WA | Must be licensed as a real estate agent or registered sales representative (WA Consumer Protection). |
| SA, ACT, NT | Licensing or registration covers people who buy or negotiate the purchase of property on behalf of others for reward (CBS SA, Access Canberra, NT Government). |
Licensing is state by state. An advocate licensed in one state isn’t automatically licensed to act in another, so ask which state licence they hold.
Being sold a house and land package by an “adviser”?
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How Are Buyers Advocates Paid?
NSW says buyer’s agents “may charge a fixed fee or a percentage of purchase price” and that you can negotiate this, as it is not set by law (NSW Government). Victoria says the same (Consumer Affairs Victoria). In NSW and Queensland the fees and services are set out in a written agency agreement or appointment form before work starts.
For typical price ranges and what drives them, see how much a buyers advocate costs in Australia.
Conflicts of Interest and Commissions
This is where buyers can be caught out, especially with new house and land packages.
- In NSW, the agent must declare any conflict of interest in representing you, and “must not accept any payment for referring you to a selling agent” (NSW Government). Agents must also declare any personal, family or commercial relationship with a service provider before referring you to it (NSW rules of conduct).
- In Victoria, an agent “cannot act for a buyer as a buyer’s agent and for a seller on the same property transaction” (Consumer Affairs Victoria).
- NSW suggests asking whether the agent receives “any rebates, discounts, commissions or other benefits from third parties or service providers they may refer you to” (NSW Government).
Moneysmart also warns investors to “be wary of property investment advice from groups of service providers”, where developers, accountants and brokers recommend each other (Moneysmart).
In new house and land, some sellers who present themselves as advisers are paid a commission by the builder or developer, and that commission sits inside the package price. Builder commissions can run into tens of thousands of dollars. Here’s how hidden commissions work.
How to Check a Buyers Advocate
Look up the licence on your state’s public register before you sign anything:
- NSW: NSW licence check
- VIC: Consumer Affairs Victoria public register
- QLD: Queensland licence check
- WA: WA licence and registration search
- SA: CBS find a licence holder
Questions to Ask
- Which state licence do you hold, and can I see it on the public register?
- Do you act only for me, or do you have agreements with builders, developers or selling agents?
- Will you receive any commission, rebate or benefit from anyone else on this purchase? How much, and who keeps it?
- What is your fee, how is it calculated and when is it payable?
- What exactly will you do for that fee, and what is excluded?
How REIN Helps
REIN acts only for buyers of new house and land packages. We check the price, the contract and any commission built in before you sign.
REIN charges a service fee for our work, agreed in writing before you start. Where REIN receives a builder or developer commission on your purchase, we disclose it and rebate 100% (excluding GST) of it to you. The rebate typically covers the fee and more.
Common Questions
What is a buyers advocate?
A professional paid to act for the buyer: finding, assessing and negotiating the purchase of a property on the buyer’s behalf.
Is a buyers advocate the same as a buyer’s agent?
Yes. Victoria’s regulator says a buyer’s agent is also known as a buyer’s advocate. The role is the same.
Who pays a buyers advocate?
The buyer, under a written agreement. Ask whether anyone else, such as a builder or developer, also pays them, because that is a conflict you need to know about.
Does a buyers advocate need a licence?
Yes. Each state regulates the role under its real estate or land agent licensing rules. Check the licence on your state register before you sign.
How is REIN different?
REIN acts for buyers only. Where REIN receives a builder or developer commission on your purchase, it is disclosed to you in writing and rebated 100% (excluding GST) to you.
Before you sign anything…
Send us the package. We’ll check the price, any commission built into it and the contract terms, and tell you straight whether it stacks up. Free, no obligation.
GET MY PACKAGE CHECKED → or call 1300 446 445
Written by the REIN Editorial Team. Researched with the help of AI tools, then fact-checked against the sources below. Last updated 6 October 2026.
Reviewed by Scott Fraser, founder of REIN, licensed real estate agent (NSW) with 10 years on the developer side of house and land.
Sources
- Moneysmart: Buyer advocate (glossary), accessed 6 October 2026
- NSW Government: Using a real estate agent to buy a property, accessed 6 October 2026
- NSW Government: Rules of conduct for agents, accessed 6 October 2026
- Consumer Affairs Victoria: Seek expert advice on property, accessed 6 October 2026
- Queensland Government: Appointing a buyer’s agent, accessed 6 October 2026
- WA Consumer Protection: Thinking of using a buyer’s agent? (14 May 2026), accessed 6 October 2026
- Consumer and Business Services SA: Working as a land agent in SA, accessed 6 October 2026
- Access Canberra: Licensing for real estate agents, accessed 6 October 2026
- NT Government: Property and business agent licensing, accessed 6 October 2026
- Moneysmart: Buying an investment property, accessed 6 October 2026
About this article: This article is published by Real Estate Investors Network Pty Ltd (REIN). Statements of opinion are ours. If you believe anything in this article is inaccurate or out of date, please call us on 1300 446 445 and we will review it and correct it promptly. This is general information only. It does not take into account your objectives, financial situation or needs, and is not financial, credit, legal or tax advice. Rules differ between states and change over time. Consider seeking independent advice from a licensed professional before acting. A REIN service fee applies to our services, and where REIN receives a builder or developer commission in connection with a client’s purchase, it discloses and rebates 100% (excluding GST) of that commission to the client under its written service agreement.