Anyone acting as a buyers agent in New South Wales has to hold a real estate licence, and the register that proves it is public, free and takes about two minutes to search. It's the single easiest piece of due diligence you can do before handing someone your budget and your brief, yet most buyers skip it. Here's exactly where to look, what the licence class means, and the warning signs worth catching before you sign an agreement.
Why the licence matters more than the marketing
A polished website and a wall of testimonials tell you how an agent sells themselves, not whether they're legally allowed to buy property on your behalf. In NSW, buyers agents are regulated by NSW Fair Trading under the Property and Stock Agents Act 2002, the same framework that governs selling agents. A current licence means the person has met the qualification and probity requirements, holds professional indemnity insurance where required, and is answerable to a regulator if something goes wrong. Without one, you have far less recourse and no guarantee they can legally negotiate or bid for you at all.
Where to check: the NSW Fair Trading register
NSW Fair Trading keeps a public online register of property professionals. You can search it by the person's name or their licence number, and it's free with no login. The record shows the licence type and class, whether it's current, suspended or expired, the expiry date, and any conditions or disciplinary action attached to it. If an agent operates through a company, the business itself must also hold a corporation licence, so it's worth checking both the individual and the firm.
What to search for
- The individual's full legal name, or better, the licence number they should be able to give you on request.
- The trading company name, since the business needs its own licence to hold your money in trust.
- The licence status: you want current, not expired, cancelled or suspended.
- Any conditions or disciplinary history noted against the record.
Understanding the licence classes
Since the 2020 reforms, NSW splits real estate licensing into tiers, and the class tells you how much responsibility a person can carry. An assistant agent holds a certificate of registration and must work under supervision. A Class 2 licence holder is a fully licensed agent who can act independently. A Class 1 licence is the senior tier: only a Class 1 holder (a licensee in charge) can run an agency, be responsible for a trust account, and supervise others. A one-person buyers agency should be led by someone holding a Class 1 licence, so if you're dealing with a solo operator, that's the class to expect.
Tip: a legitimate buyers agent will hand over their licence number without hesitation. Hesitation, a vague answer, or 'I work under someone else's licence' with no supervisor named are all reasons to slow down and verify before you sign.
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Find a Sydney buyers agentRead the conditions and history, not just the status
A licence can be current and still carry conditions, for example a restriction on handling trust money or a requirement to work under supervision. The register notes these, along with any disciplinary findings such as fines or suspensions. None of this is necessarily a dealbreaker, but you want to see it before you commit, not discover it afterwards. If a record shows recent disciplinary action, it's fair to ask the agent to explain what happened and what changed.
Beyond the licence: extra credibility signals
Worth checking alongside the register
- Professional indemnity insurance: ask whether it's current and covers buyer's agency work specifically.
- REBAA membership: the Real Estate Buyers Agents Association of Australia has entry standards and a code of conduct, and independent, buyer-only membership is a useful signal.
- A written agency agreement: NSW requires the terms of engagement in writing, so a proper agreement is both a legal requirement and a professionalism check.
- Independence: confirm they act only for buyers and don't also list properties for vendors, which can blur whose side they're on.
If something doesn't add up
If you can't find an agent on the register, the name doesn't match, or the licence is expired or cancelled, stop and clarify before going further. Sometimes there's an innocent explanation, such as a spelling difference or a company licence held under a slightly different trading name. But an agent who can't produce a matching, current NSW licence is not someone to trust with a seven-figure purchase. NSW Fair Trading also takes complaints about unlicensed or misleading conduct, so the regulator is there if you need it.