Estate agency agreements and prescribed forms

The six forms prescribed by the Practice Regulation, when each estate agency agreement must be signed, what Forms 3 to 6 contain (validity period, exclusive or non-exclusive agency, single, dual or potentially dual agency, commission and interests), the copy rules in ss.47 and 48, and the Property and Leasing Information Forms. Under s.45 a missing or defective agreement costs the agency its commission, so the EAQE tests these rules from the agency's side.

Part I · Stand-alone questions8 min read8 sections

Checked against the Estate Agents Ordinance (Cap. 511), ss.36 and 44–48 and Part VI editorial note (L.N. 190 of 1999); Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Cap. 511C), ss.2, 3, 6, 7, 8 and 13 and Schedule, Forms 1–6; EAA Practice Circulars Nos. 13-02 (CR) and 13-03 (CR) (effective 1 Apr 2013), 14-01 (CR), 16-03 (CR) (effective 1 Dec 2016) and 24-01 (CR) (effective 1 Nov 2024); Easy Property Co Ltd v Hau King Kuen [2004] 1 HKLRD 155; EAA, A Study Guide to Estate Agency Law and Practice, Part 2, paras 36–41 and 53–63; checked 11 Oct 2026.

Must-know for the exam

Forms: 1 Property Information Form; 2 Leasing Information Form; 3 vendor; 4 purchaser; 5 landlord; 6 tenant (Practice Regulation, Schedule).
s.45: no action for commission or outgoings on residential work unless a prescribed agreement was properly executed and the agent was licensed when it was made.
Vendor or landlord: sign within 7 working days of accepting instructions, before advertising, or before the agreement or lease is signed, whichever is earliest (s.6).
Purchaser or tenant: sign before arranging an inspection or before the agreement or lease is signed, whichever is earlier (s.6).
No prescribed form for a car parking space alone, leasing a non-self-contained unit, or a first sale of undivided shares (where s.7 terms apply instead).
Copies: an unsigned form handed over is copied there and then (s.47); a signed copy there and then or within 7 days, or it is not properly executed (s.48).
Forms 4 and 6 recommend a validity period of not more than 3 months. There is no statutory maximum.
Exclusive Form 3 or 5: if the client sells or lets through another agent in the validity period, the exclusive agent can claim the scheduled commission.
Dual agency: disclose in writing, as soon as practicable, the commission or rate from the other side. Interests go in the Interests in Property schedule.
Commission is refunded within 5 working days of the scheduled completion date if the deal fails without the client's fault; it stays payable on mutual cancellation.

On this page · 8 sections

Traps that cost marks

Treating the 7-working-day period as always available even when an advertisement goes out first.
Applying the vendor-side 7-working-day rule, or waiting for the buyer to choose a flat, on the purchaser side.
Mixing up the two leasing forms: Form 5 is the landlord's, Form 6 the tenant's.
Thinking every letting needs Form 5 or 6, even of a room with shared kitchen and bathroom.
Assuming a developer's own agency contract is unregulated, or that Part 2 is needed for uncompleted units.
Thinking an exclusive agent is paid only if it introduced the buyer, or that the expiry day falls outside the period.
Believing the 3-month figure is a legal limit, or that it appears in the vendor and landlord forms.
Treating a 'potentially dual' tick as advance consent with nothing more to disclose.

Why this matters in the exam

For Hong Kong residential property, the prescribed estate agency agreement is the agency's only route to commission. Since 1 Nov 1999, s.45 of the Estate Agents Ordinance (Cap. 511) has barred any action for commission or outgoings unless a prescribed agreement was entered into and properly executed, and the agent was licensed at the time. In Easy Property Co Ltd v Hau King Kuen [2004] 1 HKLRD 155, the agent's signature on a tripartite provisional agreement did not cure the lack of a prescribed form.

EAQE questions test timing (which trigger comes first), the right form, what each clause means for commission, and the copy rules. As a manager you also answer for staff who skip a step, so learn the rules as a checklist your branch would follow.

The six forms

Form	Name	Used between / for
Form 1	Property Information Form	Sale and purchase: Part 1 by the agent, Part 2 (Vendor's Statement) by the vendor
Form 2	Leasing Information Form	Leasing
Form 3	Estate Agency Agreement (sale)	Agent and vendor
Form 4	Estate Agency Agreement (purchase)	Agent and purchaser

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Estate Agents Qualifying Examination