What Is the REIQ Conjunctional or Referral Agreement Form?
Another agent calls. They have a qualified buyer for your listing and want to split the commission. It’s a situation every Queensland agent eventually faces, and the paperwork that governs it matters more than most agents realise. The REIQ conjunctional referral agreement form Queensland agents use to formalise these arrangements is not optional documentation — it is the instrument that protects your commission, defines your obligations, and keeps both agencies legally clean from the moment you shake hands.
Understanding exactly what these forms do, when to use which one, and what goes wrong without them is foundational knowledge for any agent active in the Queensland market.
The Distinction That Changes Everything: Conjunction vs Referral
A real estate conjunction typically refers to a partnership between two real estate agencies to sell a property — agency one is appointed by the sellers as the listing agent and lists the property for sale, while agency two supplies a buyer for the purchase.
A referral, by contrast, is when agency one refers a potential client — a seller or a buyer — to another agency in a different location, market, or for a different type of service. This typically occurs when an agent has a client looking to buy or sell outside their area of expertise or geographical reach. In return, the referring agent may receive a referral fee or a percentage of the commission from the successful transaction.
These are genuinely distinct arrangements, and treating one as the other creates problems. If you are introducing a buyer to another agent’s listing and expecting to share in the commission, that is a conjunction. If you are handing a client across to another agency because they want to sell in a suburb or state you don’t operate in, that is a referral. Conflating the two — using the wrong form, or no form at all — leaves you without enforceable standing to claim your fee.
The REIQ has created two distinct bespoke agreements to handle each scenario: EF032 Conjunction Agreement, to facilitate conjunction arrangements between agencies, and EF032A Referral Agreement, to facilitate referral arrangements between agencies. Both are available through the REIQ’s Realworks platform. The REIQ’s forms, agreements and contracts are legally compliant and aligned with the latest legislation changes.
The EF032 Conjunction Agreement: What It Is and What It Does
The Conjunction Agreement (EF032) is the instrument used when two licensed agencies are cooperating on the same sale, with one holding the seller’s appointment and the other introducing the buyer. It is an agency-to-agency commercial agreement — it sits alongside the listing appointment, not within it.
The core purpose of the form is to crystallise, before the sale proceeds, exactly how the commission will be divided. Also known as agents in association, a conjunction typically involves one agent who is the exclusive listing agent and another who finds a willing buyer for the property. The two then split the commission according to a predetermined deal — usually in the realm of an 80/20 split. That split is documented in the EF032: the listing agency’s negotiated fee is recorded alongside the conjuncting or referring agency’s share, expressed as a percentage.
The form captures the details of both agencies (names, ABN, contact details, licence particulars), the prospective buyer’s details, and the property address. Critically, payment of the negotiated fee is to be made to the conjuncting or referring agent within seven days of monies being received by the listing agent. That seven-day payment term is a standard provision in the REIQ form — agents relying on informal arrangements often discover that “we’ll sort it out after settlement” has no enforceable backbone.
A point agents sometimes miss: in a standard conjunction arrangement, agency two will not be appointed to act on behalf of the buyer, and therefore must not provide property services to the buyer. The conjuncting agent facilitates the connection and may assist with the sale process, but their role is circumscribed. They are not the buyer’s agent. Stepping outside that boundary — giving property advice, negotiating on the buyer’s behalf, or effectively acting in a dual-agency capacity — creates serious compliance exposure under the Property Occupations Act 2014 (Qld).
The EF032A Referral Agreement: A Different Instrument for a Different Purpose
The Referral Agreement (EF032A) covers the scenario where no joint selling effort is taking place. One agent is simply introducing a client to another agency and stepping back entirely.
While buyer conjunctions have become largely obsolete by the advent of property portals like realestate.com.au, seller conjunctions — otherwise known as referrals — remain regularly used. Industry practice suggests a referral fee of around 20 per cent is common and the arrangement works well when both parties understand the structure. That percentage is not set by legislation — it is a commercial negotiation between the agencies involved, and it should be agreed and documented before the referred client is introduced.
The EF032A captures the referring agency’s details, the receiving agency’s details, the client being referred, and the agreed fee structure. Whether the fee is a flat amount or a percentage of commission, it needs to be unambiguous. Vague descriptions like “standard referral” or “normal split” have produced disputes that the form was designed to prevent.
One scenario where the Referral Agreement is particularly important — and often overlooked — is interstate referrals. A Queensland agent with a client relocating to Victoria, or a Melbourne agent channelling investors into the Queensland market, cannot share commission across state lines without a properly executed referral agreement. The receiving agency must hold the relevant licence in their jurisdiction; the referring agent is receiving a payment for a service provided in Queensland, and that arrangement should be documented accordingly.
The Legislative Context: Property Occupations Act 2014
Both forms exist against the backdrop of the Property Occupations Act 2014 (Qld), the legislation governing property agents and salespersons in Queensland. The Property Occupations Act came into effect from 1 December 2014, replacing the Property Agents and Motor Vehicles Act 2000 in relation to residential property.
Under the Act, a conjuncting agent is specifically defined. Schedule 2 of the Act defines a conjuncting agent as a property agent who acts, for a sale of property, in conjunction with a property agent appointed under section 102 to sell the property. This legislative definition matters because it directly ties the conjuncting agent’s role to an existing valid appointment — the listing agency’s Form 6. Without a valid Form 6 appointment held by the listing agency, the entire conjunctional arrangement has no legitimate foundation.
No matter what kind of agreement is entered into — conjunction, referral, or otherwise — sales agents must ensure it continues to meet disclosure obligations in accordance with the Property Occupations Act. Specifically, agents must be conscious of the beneficial interest disclosure requirements under the Act. Property developers or real estate agents must show a potential buyer the Disclosure to Potential Buyer form (Form 8) to disclose their interests, including any relationship with a third party the buyer has been referred to. Where a conjuncting arrangement could give rise to any actual or apparent conflict of interest, disclosure obligations apply.
In some circumstances, two agencies or licensees will work together under a commercial arrangement where both are jointly appointed to sell the property “in conjunction” under the PO Form 6 Appointment — this type of arrangement is usually dictated by the terms of a licence, franchise agreement or partnership agreement. This is a materially different structure from the buyer-introduction conjunction, and it requires amendment to the appointment itself, not just a standalone conjunction agreement.
Accessing the Forms: Realworks and the REIQ Shop
Both the EF032 and EF032A are available through Realworks, the REIQ’s digital platform for forms and contracts. Realworks is the instant digital tool that enables agents to execute all agreements, forms and contracts in one place. For agents with Realworks access, generating a conjunction or referral agreement is straightforward — the platform is pre-populated with your agency details, and the forms can be signed electronically.
For agencies that prefer or require paper versions, the REIQ Shop stocks physical copies. The Conjunction Agreement (EF032) and Referral Agreement (EF032A) are available through the Realworks price list. There is also an EF072 Conjunction Confirmation by Fax or Email form, which can serve as a practical on-the-spot confirmation when both principals have verbally agreed to a conjunction before the full written agreement is executed.
One practical point: the EF032 form historically bore the heading “Conjunctional or Referral Agreement” — a combined form — before the REIQ separated the conjunction and referral functions into two distinct instruments. Agents encountering older versions of the combined form should ensure they are working from the current suite. Using an outdated form does not invalidate the arrangement per se, but it may not capture all the fields that reflect current practice and legislative expectations.
Common Mistakes and How to Avoid Them
The most common error is attempting to proceed on a verbal agreement alone. An agent who introduces a buyer, assists in the negotiation, and watches the property sell — only to find the listing agent disputes the split after settlement — has almost no recourse without a signed EF032. The obligation to pay sits between the agencies, not in the sale contract itself. Without the written agreement, enforcing the split becomes a civil dispute with no certain outcome.
The second most common error is signing the agreement too late. The conjunction or referral agreement should be executed before the conjuncting agent’s buyer makes an offer, not after. Once a contract is exchanged without a signed conjunction agreement in place, the listing agent has no formal obligation to share the commission, and any subsequent attempt to formalise the arrangement may be seen as an afterthought rather than a binding pre-existing agreement.
A related problem arises with scope. Agents sometimes use an EF032 to cover a buyer introduction, but the conjuncting agent then continues to provide advice to the buyer beyond what the conjunction arrangement permits. Agency two may assist with facilitating the sale but should not make representations that they act for the buyer. An agent who blurs this line — acting in effect as an undisclosed buyer’s agent under the guise of a conjunction — risks professional conduct complaints and licence consequences under the Property Occupations Act 2014.
A third issue is specificity around the fee. Vague percentage splits cause problems at settlement, particularly where the gross commission differs from what was originally anticipated (for example, where the sale price comes in below expectation and the listing agency’s fee is renegotiated with the seller). The EF032 should clearly specify whether the conjuncting agent’s share is a percentage of the listing agent’s actual received commission or a fixed dollar amount. These are materially different calculations.
Conjunction vs Open Listing: A Critical Distinction
An agent who believes they can simply introduce a buyer to any listing and claim a conjunction fee has misunderstood how the system works. Conjunction rights do not flow automatically from a buyer introduction — they require the listing agent’s written agreement.
An open listing gives the seller the right to appoint multiple agents, each of whom may independently bring a buyer. The agent who introduces the successful buyer earns the commission. This is entirely different from a conjunction, where the listing agency is under an exclusive or sole appointment and the conjuncting agency is operating under a specific written arrangement with the listing agent’s agreement and authorisation.
Good agents today have extensive databases — there is every possibility the buyer an agent is seeking to conjunct on is already in the seller’s list of potentials. An agent — typically a newer one — wanting to conjunct on a property that has just been listed may find the buyer is already in the listing agent’s database, meaning there is no point giving away 20 per cent of the fee when that buyer is more likely going to appear in the first week of the open home anyway.
This practical reality shapes how listing agents approach conjunction requests. On a fresh listing with strong inquiry, most experienced listing agents will decline conjunction requests from buyers already in their own pipeline. The conjunction conversation is most productive when the conjuncting agent can credibly demonstrate that their buyer is specifically motivated and would not otherwise engage with the property — a genuine value-add, not just a parallel contact.
What Happens When the Listing is Under Exclusive Agency
Under an exclusive agency appointment, the listing agent has the sole right to introduce a buyer. This does not mean conjunctions are impossible — but it does mean the listing agent must consent to the conjunctional arrangement, and that consent should be captured in writing via the EF032.
The seller does not need to sign the conjunction agreement — this is an agreement between the two agencies. However, both the listing agent and the conjuncting agent must be appropriately licensed. A real estate salesperson cannot independently enter into a conjunction agreement on behalf of their agency without their principal’s authorisation. The conjunction agreement is a licensee-to-licensee (or agency-to-agency) instrument, and it must be executed at the right level of authority.
Where the listing is under a sole or exclusive appointment, the listing agent cannot direct the full commission to the conjuncting agent from the seller’s funds without the seller being aware of how the commission is being applied. This is not a mandatory disclosure to the seller in every case, but good practice — and in some circumstances, legislative obligation — requires transparency around how the commission pool is being distributed.
The Referral Agreement and Interstate or Overseas Investors
Referral arrangements have grown in practical importance as the Queensland market has attracted increasing interest from interstate buyers and overseas investors. An agent in, say, Sydney who has a client seeking a Brisbane investment property will often refer that client to a Queensland agent and expect a referral fee.
The EF032A governs this arrangement from the Queensland receiving agent’s perspective. The receiving Queensland agent must be clear: the referral fee is payable from the commission they earn on the transaction, and it does not alter the fee they have agreed with the seller under their Form 6 appointment. The referral fee is not an additional charge passed to the seller — it is a commercial division of the receiving agent’s own entitlement.
This is worth reinforcing to agents who are new to interstate referral arrangements: the seller’s commission is fixed under the Form 6. The referral fee paid to the referring agent comes out of what the Queensland agent receives. The seller is not bearing an additional cost, and representing otherwise to a client would be a misrepresentation.
For international referrals — a property consultant in Singapore or Hong Kong directing investors to a Queensland agent — the same principle applies, though agents should also be conscious of any obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) where the nature of the relationship with the overseas referrer could trigger reporting or due diligence considerations. This is a separate compliance matter, but agents building referral networks with offshore introducers should be aware it exists.
What This Means for Queensland Agents
The REIQ conjunctional referral agreement form is not bureaucratic formality. It is the enforceable record of a commercial arrangement between two agencies, and its absence is one of the most reliable predictors of a post-settlement dispute.
Use the current forms. EF032 for buyer conjunctions; EF032A for client referrals. Execute the agreement before the offer, not after. Be specific about the fee split — percentage of received commission or fixed dollar amount, not “the usual.” Ensure both agencies are properly licensed, and that the person signing the agreement has authority to bind their agency.
Know the boundary of what you can do as a conjuncting agent. Once the agreement is signed, your role is to facilitate — not to advise the buyer, not to negotiate independently on their behalf, and not to represent yourself as acting for them. The conjunction arrangement does not give you a separate agency relationship with the buyer.
For listing agents fielding conjunction requests: the question is always whether the conjuncting agent’s buyer genuinely adds value. If the buyer is already in your pipeline, the answer is almost certainly no. If they are a qualified, motivated buyer your own prospecting would not have reached, the conjunction may well be the most efficient path to an unconditional contract.
Review your agency’s internal process for conjunction and referral documentation. The agents who walk away from every conjunction and referral with their commission intact are the ones who have the paperwork signed before the property does.
Forms EF032 and EF032A are available through REIQ Realworks at reiq.com. For guidance on specific arrangements, REIQ members can contact the Agency Advisory Service on 1300 697 347.