← All Articles Contracts · 7 min read

Signing the Form 6 Agency Agreement: A Queensland Seller's Checklist

The Form 6 is the legal contract between you and your agent. Here is the line-by-line checklist of what to read, what to negotiate, and what to confirm before signing.

The Form 6 is the document that formally appoints your agent to sell your property. Once signed, it commits you to the commercial terms (commission, marketing, term, exclusivity) and to the selected agency for the period specified. Most sellers sign it without reading carefully because the agent presents it as a standard form. It is a standard form; the variations within it are where the money sits.

This article walks through the Form 6 line by line and explains what to check, what to negotiate, and what to confirm before you sign.

What the Form 6 actually does

The Form 6 (more formally, the "Appointment of Property Agent" under the Property Occupations Act 2014) creates the legal authority for the agent to:

Market the property publicly.

Show the property to buyers.

Receive offers on your behalf.

Negotiate with prospective buyers.

Hold deposits in trust.

Be paid commission and marketing reimbursement at settlement.

Without a signed Form 6, the agent has no authority. The form is therefore signed before any meaningful campaign work begins.

The negotiable terms

Type of appointment. Three main options:

Sole agency (one agent has the exclusive right to sell). Most common.

Open listing (multiple agents can sell, only the one who finds the buyer is paid). Rare in inner east Brisbane.

Auction listing (specific to auction campaigns, with auction-specific terms).

Sole agency typically produces better results because the agent has full incentive to invest in the campaign. Open listings dilute the effort and rarely produce strong outcomes.

Term of appointment. Typically 60 to 90 days. Some agencies request 180 days. Shorter terms (30 to 60 days) suit fast-moving market conditions; longer terms suit slower-selling properties or campaigns running through challenging periods (Christmas, school holidays). The commission can apply for a defined "tail period" after the agreement ends if the buyer was introduced during the agreement (typically 30 to 90 days).

Commission rate. Brisbane inner east commissions typically run 2.0 to 2.75 percent plus GST. Some agents accept lower rates for fast-selling properties or repeat clients; some insist on higher rates for premium properties or specialist campaigns. The total commission cost on a $1.5 million sale at 2.5 percent plus GST is around $41,250.

Bonus or incentive structures. Some agents propose tiered commission ("base 2 percent on sales up to $1.5M, then 3 percent on anything above"). These can align incentives well but need to be carefully structured so the agent has real motivation to push the price.

Marketing fees. Vendor-paid marketing typically runs $3,000 to $10,000 for a standard inner east house campaign. Itemised marketing budgets are better than lump sums; ask for a breakdown showing what each component costs and what it delivers.

Inspection / open home schedule. The form sometimes specifies the open home cadence. Typical: weekly Saturday open homes, with weekday twilight inspections as needed.

Other fees. Watch for "administration fees", "campaign coordination fees", or "professional fees" that are not part of the commission. These should be transparent and itemised.

The non-negotiable disclosures

The Form 6 includes mandatory disclosures from the agent:

Estimated sale price. The agent must provide a written estimate of the price the property is likely to achieve. This is the appraisal range. Significant under-quoting (advertising at materially below this estimate) is a regulatory issue.

Beneficial relationships. Any commercial interest the agent or agency has in the sale outcome (referral fees from suppliers, ownership of related businesses).

Rebates and incentives. If the agent receives a rebate from any third party (marketing supplier, photographer, conveyancer), this must be disclosed.

Read these disclosures carefully. They are the agent's commitments to you, and they affect how you weigh advice during the campaign.

Specific things to confirm in writing

Before signing, get the following in writing in the Form 6 or in a side letter referenced by it:

Who is the listing agent. If you have been dealing with a senior agent during the appraisal but the campaign will be run by a junior, confirm who handles open homes, who you call about offers, and who manages the campaign. The agent who appraises and the agent who runs the campaign should ideally be the same person.

Photography and marketing scope. Specific photographer (not "agency photographer"), drone confirmed yes/no, twilight shot confirmed yes/no, video walk-through confirmed yes/no, copywriting included.

Portal listing tier. realestate.com.au offers Standard, Feature, Premiere, and Premiere+ listing tiers, each with significant price difference. Confirm which tier is included. Same for Domain (Standard, Silver, Gold, Platinum).

Reporting cadence. Weekly written campaign reports covering enquiry, attendance, feedback, comparable sales, and recommendations.

Communication preferences. Phone, email, text. Whether updates are CC'd to your partner.

Withdrawal terms. What happens if you decide to withdraw the listing before sale. Most agreements have specific provisions (you may forfeit prepaid marketing, you may owe a withdrawal fee, you may be restricted from re-listing with another agent for a period).

Things to push back on

Term longer than 90 days. Unless you have agreed to a strategic reason for a longer term, 60 to 90 days is sufficient. A longer term reduces your flexibility if the agent is not performing.

Vague marketing budget. Itemise the spend. "Marketing $7,000" without breakdown is poor practice. You should know exactly where the money goes.

Tail periods longer than 60 days. If the term ends and a buyer introduced during the term completes after the term, the agent is paid commission. A tail period of 30 to 60 days is reasonable; longer than that creates a "shadow obligation" that limits future agency choices.

Unclear "additional fees". Anything in the form not clearly defined and quantified should be questioned. Real estate is increasingly transparent on fees; opaque fees should not survive a respectful conversation.

Auto-renewal clauses. Some agreements automatically renew unless cancelled with notice. These are unusual in residential listings and should not be agreed to without a clear reason.

Before you sign

Take the form home and read it. The agent will ask if you can sign at the appraisal meeting. There is no urgency. Take it home, read it carefully, and return with questions.

Compare to the other agents you appraised. A side-by-side comparison of three agents' Form 6 terms reveals what the market is really offering.

Get a solicitor or conveyancer to glance over it. A 15-minute conversation with your solicitor on any unusual terms is cheap insurance. Most solicitors will do this for free or for a nominal fee for an existing client.

Sign only when you are confident. A signed Form 6 commits you. Sign with full understanding of what you are committing to, not under social pressure to "get the campaign moving."

After signing

Keep your copy of the signed Form 6 accessible. You will need to refer to it during the campaign (commission rate, marketing budget, schedule), at settlement (for the conveyancer's calculation of agent commission), and possibly afterwards if any dispute arises. The agency keeps their copy as their official record; yours is your reference.