REIQ Journal

25 / 52

P A G E 2 3 R E I Q J O U R N A L | J U N E 2 0 1 6
A G E N C Y A D V I C E
How to correctly complete the
Form 6 appointment form
Any agent listing real estate for sale, letting and leasing in Queensland
is strictly regulated by the Property Occupations Act and Regulation..
This includes the use of a mandatory
government Appointment of Agent
form, and strict guidelines on the terms
and conditions of the appointment
of the agent. The PO Form 6 is the
mandatory form prescribed by the
Property Occupations Act which is
required to be completed when listing
a property for sale or rental with a
property owner. Agents must ensure
that all sections of the Form 6 are
completed in clear and understandable
language, expressing the specific
terms, conditions, obligations and
commitments of the parties to the
agreement. A copy of each final
agreement must be furnished to each
party upon their signing and initialling.
The Property Occupations Act
requires the agent to provide to
the client information about the
commission payable for services. The
agent must inform the prospective
client, who could be either the seller,
landlord or a property buyer, as the
occasion arises, that the commission
is negotiable prior to signing the
appointment of agent form. The
agent must specifically bring to the
client’s notice the information in
the form of the appointment about
the implications of different listing
types (i.e. of an open listing; an
exclusive agency; and a sole agency;
and the difference between each
type of listing). If the agent fails
to do so before the appointment is
signed, such appointment of agent
is rendered invalid. Also, if the
appointment is not in the correct
form (i.e. the Form 6 as per legislative
requirements) it is considered
ineffective from the time it is made.
The statutory document Property
Occupations Form 6 is your ‘core
document’, containing the basic
range of information required for
appointment. It is somewhat lacking
in vital information to permit the
agent to carry out the services for
which it is designed. As a result, the
REIQ produces appropriate schedules
for these respective appointments to
provide for common circumstances
and instructions relating to each
type of property listing. There are
five specific schedules developed by
the REIQ available for the Form 6,
including schedules for Residential
Sales, Residential Property
Management and Holiday Letting
(Resident Letting Agent).
Correctly completing a valid Form
6 is crucial for any real estate agent
to claim commission on sales or
property management activities.
Unless an agent has the signed
appropriate appointment (correctly
completed) in writing:
• A contractual arrangement
may not exist at law, and the
transaction between the agent and
the client may be invalid
• The agent may risk being
prosecuted for trespassing
• The agent’s public liability and
professional indemnity insurances
may be jeopardised for that
particular transaction
• The agent may be in breach of the
law and may be prosecuted.
Registered sales and property
management staff must understand
that a property owner (the client),
does not appoint them to act as an
agent, but rather, the client appoints
the licensee of the agency as the
agent (who holds either a corporate
licence or, when there is no corporate
licence, is the principal licensee
of the real estate agency). Under
the provisions of Section 89 of the
Property Occupations Act, only a
licensed agent who is authorised
under the agent’s licence to perform
that activity, and who is properly
appointed by the client to be charged
with the reward or expense, is
entitled to sue for, or recover or
retain, a reward or expense for the
performance of an activity as a real
estate agent.
Completed examples of each Property
Occupations Form 6 with the various
REIQ schedules are available on
the REIQ Members Resources page
(accessed at and at
for Realworks
subscribers. The REIQ also offers
ongoing training in the completion
of crucial documentation throughout
Queensland. Further details can be
found at
training/specialised-courses. If any
REIQ individual or agency members
have specific questions about
completing the Form 6, remember that
the FREE REIQ Agency Advisor and
the Property Management Support
Service team are just a phone call away
on 3249 7347.