What is a Form 6 Real Estate Agent Appointment in Queensland?

Before a real estate agent can legally sell your property in Queensland, you must sign a Property Occupations Form 6 (Appointment of Property Agent).¹ This is a legally binding contract between you (the seller) and the agency.

Key Components of the Form 6

The form covers three critical areas:

1. Service: What the agent will do (sell by private treaty or auction).
2. Costs: How much commission and marketing expenses you agree to pay.
3. Term: How long the agent has the exclusive right to sell your property.

Exclusive Agency vs Open Listing

There are two main types of appointment, and the difference is vital for your liability to pay commission:²

1. Exclusive Agency

• Most Common: Agents prefer this.
• The Rule: You must pay the agent commission if the property is sold during the term, regardless of who finds the buyer. Even if you find a buyer yourself (e.g., a neighbour), or another agent finds one, the exclusive agent gets paid.
• Maximum Term: For residential property, the maximum term is 90 days. It can be renewed, but only after the initial term ends.³

2. Open Listing (Sole Agency)

• Less Common: Often used by independent sellers.
• The Rule: You only pay commission if that specific agent introduces the buyer who completes the purchase.
• Flexibility: You can appoint multiple agents.

The “Commission Trap”: When Do You Pay?

Most standard agency agreements (the “Terms and Conditions” attached to the Form 6) state that commission is payable when:

• The sale settles (ideal).
• A “valid contract” is formed, even if it crashes later (risky).
• The seller “defaults” on the contract.

Risk Warning: Under some standard terms, if a buyer signs an unconditional contract but then fails to pay, or if you (the seller) have to terminate because of a technical default (e.g., defective Form 2 disclosure), the agent may still claim their full commission—potentially $20,000+ for a sale that never happened.⁴

Recommendation: Always ask your solicitor to add a special condition causing commission to be payable “only upon successful settlement of the sale”.

Marketing Expenses

Marketing costs (advertising, photos, internet listings) are usually payable in advance or when incurs, separate from commission.

• The Form 6 must state maximum authorized marketing amount.
• You pay this even if the property doesn’t sell.⁵

Ending the Appointment

Cooling-Off Period?

No. There is generally no cooling-off period for a Form 6 appointment once signed. It is binding immediately. (Exception: Unsolicited consumer agreements door-to-door, but this is rare in real estate).

Termination

• Exclusive Agency: You generally cannot cancel during the fixed term (up to 90 days) unless the agent breaches the contract.
• Open Listing: Usually terminable with written notice (check specific terms).

Related Property Topics

• Who prepares the Form 2 Seller Disclosure?
• Conveyancing costs and process
• Settlement timeline
• Property Law Practice Area

Review Before You Sign

We strongly recommend having a lawyer check your Form 6 before you sign it. We can spot onerous commission clauses and negotiate fairer terms.

Selling your home? Contact our Southport office for a pre-listing contract review. Call (07) 5532 8777.