Form 6 in Queensland Real Estate: What Every Agent Must Disclose Before Listing

You’ve built rapport with the vendor, walked the property, and agreed on a strategy. Before a single photograph is taken or a buyer is called, one document controls whether any of that work will ever be paid. Get the Form 6 wrong — an omitted field, a vague commission trigger, an undisclosed rebate — and the appointment that looked airtight can be rendered ineffective, leaving your commission entirely unenforceable.

This is not an edge case. It happens to experienced agents. It happens in offices with good systems. Understanding exactly what the Form 6 must contain, and why each element matters to your commission protection, is non-negotiable professional knowledge for every Queensland real estate agent.

What the Form 6 Actually Is — and Why It Carries Legal Weight

The Form 6 is the approved form under the Property Occupations Act 2014 (Qld) used to engage a real estate agent, property manager, or auctioneer’s services. For sales appointments, it is the legal foundation of the entire agency relationship. Without a valid Form 6, the agent has no enforceable right to act and — critically — no enforceable right to commission.

A Form 6 is essentially a contract between the agent and the client which sets out the rights and obligations of both parties, and must be completed correctly and signed by both parties to be valid and enforceable. That description understates the consequences of getting it wrong. The general requirements for a valid appointment are listed in section 104 of the Property Occupations Act 2014 (Qld), and section 112(4) of that Act mandates that any appointment is ineffective from the time it is made if it does not comply with section 104. Ineffective from the time it is made — meaning the defect is not curable after the fact.

A completed form must be given to the client before you perform any property agent services for them. This is a requirement of the Property Occupations Act 2014. Performing services before the form is fully executed — taking photographs, advertising, conducting open homes — creates significant exposure. This form must be completed and given to the client before the agent performs any service for the client. Failure to do so may result in a penalty and loss of commission for the agent.

From 1 May 2024, the residential and commercial appointment forms were formally separated. The existing single form used for both residential and commercial appointments was split into two forms: the new Form 6 for residential and Form 6A for commercial. Agents working across both residential and commercial listings need to ensure they are using the correct form for each transaction. As noted by the REIQ, using the incorrect form risks the appointment being invalid, which may cost the agent their commission in addition to affecting particular rights and obligations for the parties.

The Mandatory Disclosure Items Under Section 104

Form 6 must capture, as legally compliant content, the core commercial terms of the relationship: what services the agent will perform (and any limits), fees, charges, commission and when they become payable, what expenses the agent is authorised to incur, and disclosure of third-party benefits (rebates, discounts, commissions) connected to those expenses. These are not optional fields. The legislation makes compliance central to whether an appointment works as intended.

The mandatory content under section 104 includes: the fees, charges and any commission payable for the service; when the fees, charges and any commission for the service become payable; any expenses (including advertising and marketing expenses) the agent is authorised to incur; the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses incurred in connection with the performance of the service; and any condition, limitation or restriction on the performance of the service.

The form also requires a prominent advisory. The Form 6 appointment must contain a prominent statement that the client should seek independent legal advice before signing the appointment. This warning must appear in the form itself — it is not optional boilerplate.

Ownership verification is another statutory obligation triggered at the listing stage. Under section 19 of the Property Occupations Regulation 2014, a real estate agent must, before listing a property for sale, take reasonable steps to find out or verify ownership of the property they are selling. The full legal name of the client should appear as per the name registered on title, and the agent should order a title search to confirm that these details are correct. Discrepancies between the vendor’s stated name and the title registration are more common than agents expect, particularly following marriage, divorce, or deed poll changes, and they can compromise the appointment’s validity if not addressed before signing.

Exclusive, Sole and Open Listings: What the Form Locks In

The type of agency selected in the Form 6 determines the scope of the agent’s commission entitlement and shapes the vendor’s obligations throughout the campaign. These are not interchangeable options — each carries distinct legal and commercial implications that must be explained to the client before they sign.

Under an open listing, more than one agent can be engaged, but only the agent who is the effective cause of sale can claim commission. Under a sole agency, the vendor can appoint another real estate agent during the period of sale, however if the property is sold while more than one agreement is in place, the vendor may be liable for double commission and/or damages for breach of contract arising under the existing agent’s appointment. This is a scenario that catches vendors off guard, and an agent who has not adequately explained it at Form 6 signing may find themselves in a difficult dispute.

Under an exclusive agency, the vendor cannot engage another real estate agent until that period has expired. The real estate agent has the right to claim the agreed commission for the sale of the property, whether or not they are the effective cause of the sale. That last clause is operationally significant. Under an exclusive appointment, even if the vendor finds their own buyer independently, the appointed agent can still claim commission. The agent has an obligation to explain these options to the vendor at the time of signing. This is not just good practice — it is part of the agent’s disclosure obligations under the Act.

The 90-Day Cap on Residential Exclusive Appointments

For residential property sales, any exclusive or sole agency appointment is subject to a statutory maximum of 90 days. If the agent wishes to continue beyond this, the appointment must be renewed in writing. This cap applies specifically to residential property; it does not apply to commercial sale appointments.

The term of the appointment can be negotiated between the parties, up to this maximum of 90 days. The parties can extend an exclusive or sole agency beyond 90 days, but this can only be done in the last 14 days of the agreement. Many agents miss this detail. A reappointment executed on day 60 of a 90-day term may not be valid. The reappointment window only opens within the final 14 days, and the form used must be the current approved version.

An open listing agreement does not require an end date and may be terminated at any time in writing by either the agent or the client. This gives the vendor more flexibility but gives the agent less protection — particularly against situations where a buyer the agent introduced transacts with the vendor through another agent after the open listing is terminated.

If a sole or exclusive agency is selected, the Form 6 must also record whether the appointment will continue as an open listing at expiry. This field is frequently left blank or filled in without meaningful discussion. It determines the agent’s residual rights after the exclusive period ends — a point that matters acutely when a campaign runs long and a buyer the agent introduced goes quiet before the appointment lapses.

Commission Wording: The Field That Most Often Fails Agents

The commission section of the Form 6 is the most consequential section to get right and the most common source of disputes. Vague or incomplete commission wording does not just create uncertainty — it can destroy the entitlement entirely.

The Form 6 should clearly state the commission structure, confirm whether GST is included or excluded, and set a precise trigger for when commission is earned. Since 1 May 2024, the current form has bolded the “including GST” requirement. Whilst commissions have always been inclusive of GST in accordance with the Property Occupations Act 2014, the wording has been changed and bolded in the new Form 6 to include ‘including GST’ for clarity. This change is cosmetic in substance but signals the regulator’s expectation that agents treat commission disclosure as non-negotiable precision work.

Unconditional vs Settlement: Choosing the Right Trigger

Most sellers assume commission is only payable at settlement. While this is often the case, the Form 6 allows for several other commission triggers — even if the sale does not ultimately proceed. This can leave vendors owing commission without having received sale funds.

The commission trigger wording in the Form 6 must be precise. The Form 6 should set out the exact event that “earns” the commission — this could be on formation of an unconditional contract, on settlement, or another clear milestone. The timing matters significantly if a contract collapses before settlement.

Triggering commission on the formation of an unconditional contract protects the agent if a vendor subsequently defaults or refuses to settle. Triggering it on settlement means the agent bears the risk of a failed settlement — even where that failure is caused entirely by the vendor. Each trigger serves a different commercial purpose, and the agent’s choice should reflect the transaction type and the particular circumstances of the campaign.

For off-the-plan transactions, extended settlement periods, or sales with complex conditions, a standard “on unconditional contract” trigger may not align with the economic reality of when the transaction is actually secured. If a sale is off-the-plan or involves a longer conditional period, the trigger should be aligned with reality, not just inserted as a default. Agents who cut and paste commission wording from a previous appointment without considering the specific transaction are precisely the agents who later face commission disputes.

Rebate and Benefit Disclosure: The Obligation Most Agents Underestimate

The rebate disclosure requirement is one of the most widely misunderstood elements of the Form 6. Many agents treat it as a formality and complete it cursorily. The Property Occupations Act 2014 treats it as a substantive disclosure obligation with direct consequences for the validity of the appointment.

For each service, the approved form must provide for inclusion of statements covering — among other things — the disclosure of rebates, discounts, commissions, or benefits the agent may receive in connection with expenses. This applies to any third-party benefit connected to authorised expenditure, including marketing packages, photography arrangements, portal listings, signage printing, and property staging referrals.

The Form 6 must disclose the source and the estimated amount or value of any rebate, discount, commission or benefit that the agent may receive for any expenses incurred in connection with the performance of the service. It is not sufficient to state that the agent “may receive rebates.” The form requires the source, the estimated amount or value, and a calculation method where the amount cannot be stated as a fixed figure. An agent who receives a rebate from a digital advertising platform without disclosing this in the Form 6 is in breach — regardless of how standard that arrangement is within their office.

The practical implication for offices running preferred supplier arrangements is significant. Any benefit flowing back to the agency from a third-party supplier — whether in the form of cash, contra, referral fees, or volume discounts — must be disclosed specifically and in connection with each service. Generic disclosures such as “the agent may receive benefits from suppliers” do not satisfy the requirement. The legislation requires specificity: who, how much, and by what calculation.

Authorised Expenses: What Must Be Listed and What Happens if It Is Not

Marketing costs, advertising portal fees, photography, copywriting, signage, and property styling — these are expenses that agents routinely incur on behalf of vendors. The Form 6 must specifically authorise each category, with an approved dollar amount. If an expense category is not listed and authorised in the form, the agent cannot charge it to the vendor without obtaining separate written consent.

Part 8 of the Form 6 relates to the authorisation to incur fees, charges, and expenses. It details what costs, if any, the client authorises the agent to incur when performing their services. Any marketing and advertising costs must be included within the listing agreement and be understood by the client prior to signing the document.

Any additional schedules or annexures relating to marketing costs or other approved expenses must also be listed in the relevant section of the Form 6. An annexure that exists separately but is not referenced in the Form 6 itself may not be enforceable as part of the appointment. Cross-referencing every attached schedule is essential — not optional housekeeping.

The Form 6 also controls the circumstances in which amendments can be made after execution. Minor amendments can be noted and initialled by both parties on the existing form. Major amendments — such as changes to the fees, charges, or commission payable — require a fresh Form 6 to be drafted rather than an amended version of the existing one. An agent who hand-writes a revised commission rate over an existing figure without preparing a new form has created an instrument of uncertain enforceability.

Common Form 6 Mistakes That Have Cost Agents Commission

The consequences of Form 6 errors are not theoretical. Queensland courts and the Queensland Civil and Administrative Tribunal (QCAT) have consistently held that defective appointments extinguish commission entitlements, regardless of the work performed.

QCAT dismissed an agent’s commission claim in 2016 because the agent used the outdated PAMDA Form 22a appointment rather than the POA Form 6, holding that the failure to use the appropriate current form meant the agent was not formally appointed under the legislation. The agent had performed all the substantive work. The commission was lost entirely because the form was wrong.

The most common errors practitioners and legal commentators identify include:

• Starting services before both parties have signed and dated the Form 6
• Using a form version that has been superseded (the Form 6 was substantially overhauled from 1 May 2024 — any residential appointment form predating that version is the wrong form)
• Failing to give a signed copy to the client before commencing any service
• Completing the commission field without specifying the trigger event
• Leaving the rebate/benefit disclosure section blank when the agent does receive third-party benefits
• Not listing marketing expense annexures in the main body of the Form 6
• Attempting to reappoint within an exclusive term outside the permitted 14-day window
• Using the residential Form 6 for a commercial appointment, or the Form 6A for a residential one

Other common failures include: commencing services without the Form 6 being signed and dated by both the client and agent; failing to provide the client with a copy; failing to record minor amendments and have all parties initial and date the amendment; and failing to list annexures or schedules in the relevant part of the form.

The Form 6 must be signed by every registered owner of the property. All legal owners of the property will need to sign the Form 6. Where a property is held by multiple owners — co-purchasers, joint tenants, family members who gifted an interest — every name on the title must be on the form. An appointment signed by only one of two joint tenants does not authorise the agent to act for both and does not create a valid basis for commission recovery against the absent owner.

The Comparative Market Analysis Obligation at Listing

Integrated into the Form 6 preparation process is an obligation that applies specifically at the point of listing. Before listing, the agent is expected to have compared the property with at least three properties sold within the previous six months that are of a similar standard or condition and are within five kilometres of that property. This comparative market analysis (CMA) informs the listed price range and underpins the pricing discussion with the vendor. Where the property is to be sold without a price or by auction, specific restrictions apply.

Under sections 214 and 216 of the Property Occupations Act 2014, where the property is to be marketed without a price or is residential property to be sold by auction, the agent must not disclose a price guide or what they consider a price likely to result in a sale. The price range recorded in the Form 6 must also be consistent with bait advertising prohibitions under Australian Consumer Law. Bait advertising is an offence under the Australian Consumer Law. A listed price range in the Form 6 that materially understates the vendor’s actual expectations — entered to generate buyer enquiry — creates regulatory exposure that goes beyond the appointment itself.

What This Means for Queensland Agents

The Form 6 is not administrative overhead. It is the instrument that establishes, defines, and protects the agent’s entire commercial position in a sales campaign. Every field has a function. Every omission has a potential consequence.

The practical checklist before any listing is signed:

• Confirm you have the current version of the Form 6 (residential) or Form 6A (commercial). As of 1 May 2024, the current residential form is mandatory. From 1 May 2024, a residential property agent and their client must fill out the current form to have a valid appointment — agents cannot represent clients unless properly appointed.
• Conduct a title search and populate the client details section exactly as the title reads.
• Record the type of appointment — exclusive, sole, or open — and explain the specific consequences of each to the vendor.
• For exclusive or sole appointments, set a term no longer than 90 days and diarise the last 14 days as the reappointment window. If the parties wish to extend the exclusive or sole agency beyond 90 days, they can only do so in the last 14 days of the agreement.
• State the commission rate inclusive of GST, and specify the precise trigger event — unconditional contract, settlement, or another defined milestone.
• Disclose every rebate, discount, or benefit the agency receives in connection with any approved expense, with the source and estimated amount.
• List all authorised expenses and ensure every annexure is cross-referenced in the body of the form.
• Have every registered owner sign and date the form before performing any service.
• Provide a copy to the client at the time of signing — not at your convenience, not via email three days later.

Clear documentation, practical negotiation and a watertight Form 6 are the best tools to prevent commission disputes and keep the sales campaign moving smoothly.

An agent who treats Form 6 completion as a five-minute formality is an agent who has not yet faced a commission dispute. The law in Queensland is clear, the tribunal record is consistent, and the consequences are binary: a valid appointment or no entitlement at all. Getting this right, every time, is the baseline.