Queensland sellers’ guide
Before Your Home Goes on the Market, There Is One Document That Decides Everything
It is called a Form 6. Every seller in Queensland signs one — here are the questions worth asking before you do.
The appointment of your agent is the most important paperwork of your entire sale. Not the contract of sale — that comes later. Before a single photo is taken, before your home appears online, you sign a Form 6. It is the document that decides who gets paid, how much, and what happens if things go wrong.
Under the Property Occupations Act 2014, no agent in Queensland can lawfully market or sell your property without one. Here is the plain-English version of what that means for you.
1. What exactly am I signing?
A binding appointment between you and the agent — not a quote, not an estimate, a contract. The Office of Fair Trading prescribes the format, and the law (section 104 of the Act) dictates what it must contain: who you are, who the agent is, the service being performed, your property, the term, the money, and the fine print around how the appointment ends.
The form also carries a warning in plain sight: seek independent legal advice before you sign. That warning is not decoration. Treat the Form 6 with the same seriousness as the contract of sale.
2. Can an agent start selling before I sign?
No. That is the whole point of the law. An agent cannot advertise your property, take it to market, or act on your behalf until the Form 6 is signed. If an agent is pushing to “get the photos done first and sort the paperwork later,” that is a red flag — walk away.
3. Which appointment type costs me if I find the buyer myself?
This is the question most sellers never ask — and it is the one that decides commission. There are three types:
- Exclusive. One agent, and the commission is payable if the property sells during the appointment — even if the agent did not find the buyer.
- Sole. One agent, but no commission is payable if you find the buyer yourself. That single difference can save you tens of thousands.
- Open. You can list with more than one agent. The agent is generally paid only if they are the effective cause of the sale, and either side can end it at any time.
Know which box is ticked before you sign — it is the difference between paying commission on a sale you made yourself and not paying it.
4. How long am I locked in — and how do I get out?
A sole or exclusive appointment for a residential sale is commonly written for a fixed term — often 60 to 90 days — and can then continue as an open listing until terminated. The escape clause matters more than the start date: for appointments of 60 days or more, either party can end it with 30 days’ written notice, and the appointment must run for at least 60 days unless both sides agree in writing to finish earlier.
Read the termination clause before anything else. It is your exit ramp if the campaign stalls.
5. Is commission really negotiable?
Yes — completely. There is no set rate in Queensland. The Form 6 must state the commission clearly: a percentage of the sale price, a fixed amount, or a scale (for example, a base rate plus a share above an agreed target). It must also state when it becomes payable — on completion, on the buyer’s default, where a deposit is forfeited, or where the contract ends by mutual agreement.
The rule that protects you: if a fee is not on the Form 6, the agent cannot lawfully charge it. Every dollar of the deal has to be in writing first.
6. Who pays for the marketing — and when?
You do — but the form must itemise or cap it: the total budget, what it covers (professional photography, floor plan, portal listings, signboard, social media, print if any), and whether it is payable upfront, at settlement, or on invoice.
“Marketing to be agreed” is not a budget. The number belongs in writing before your home is advertised — and the agent must disclose any rebate, discount or referral benefit they receive in connection with that spend.
The Property Reality Check list
Seven things to confirm before you pick up the pen
- The appointment type — sole, exclusive, or open — and what it means for commission
- The commission — rate, structure, and exactly when it becomes payable
- The marketing budget — itemised, with the total and the payment timing
- The term — start date, end date, and what happens after
- The termination clause — notice period and minimum term
- Rebates and benefits disclosed — nothing hidden in the marketing spend
- Any bonus, tiered, or referral fees — spelled out in plain figures
Selling in the Centenary suburbs?
Talk to us before you sign anything. We will walk you through the Form 6 line by line — it is the first Reality Check of your campaign.
Ask us about your Form 6AKAIHUS Real Estate Agency · info@akaihus.com