Forms 1 to 6 under the Practice Regulation: which form goes with which party, when each estate agency agreement must be signed, what it must say about validity, agency relationship, commission and interests, and how the Property and Leasing Information Forms work. Section 45 of the Estate Agents Ordinance makes these forms the price of a commission claim, so the exam tests them in detail.
Part I · Stand-alone questions·8 min read·9 sections
✓Checked against the Estate Agents Ordinance (Cap. 511), ss.36, 45–49 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 and Schedule, Forms 1–6; EAA Practice Circulars Nos. 13-02 (CR) (effective 1 Apr 2013), 14-01 (CR) and 24-01 (CR) (effective 1 Nov 2024); Easy Property Co Ltd v Hau King Kuen [2004] 1 HKLRD 155; checked 11 Oct 2026.
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Must-know for the exam
✓Form 1 Property Information Form (sale); Form 2 Leasing Information Form; Form 3 vendor; Form 4 purchaser; Form 5 landlord; Form 6 tenant.
✓No right to sue for commission on residential property unless a prescribed agreement was properly executed and the agent was licensed when it was made (EAO s.45).
✓Vendor or landlord: sign within 7 working days of accepting instructions, before advertising, or before signing the sale agreement or lease, whichever is earliest (Cap. 511C, s.6(1)).
✓Purchaser or tenant: sign before arranging an inspection or before signing the sale agreement or lease, whichever is earlier (Cap. 511C, s.6(2)).
✓No prescribed form needed for a car parking space on its own, leasing a non-self-contained unit, or a first sale of an undivided share (subject to s.7).
✓Signed in person on the spot: hand over a copy there and then; otherwise send the executed copy within 7 days (s.48). Failure defeats s.45.
✓Validity period counts both the first and last day. Forms 4 and 6 recommend no more than 3 months; there is no statutory maximum.
✓Commission refunded within 5 working days of the scheduled completion date if the deal fails without the client's fault; payable on mutual cancellation.
✓Dual agency: disclose in writing, as soon as practicable, the commission or rate received from the other side.
✓Form 1 prescribed sources: A Land Registry, B Rating and Valuation Department, C Buildings Department. Vendor gets it before Form 3 or before the sale agreement, at his option.
▸On this page · 9 sections
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Traps that cost marks
→Candidates swap Form 5 and Form 6: Form 5 is signed with the landlord, Form 6 with the tenant.
→Treating Form 2 as an agreement: Forms 1 and 2 carry property information, they are not agency agreements.
→Assuming a commission clause in a tripartite provisional agreement replaces the prescribed Form 3.
→Looking at the licence on the date of sale or completion instead of the date the agreement was signed.
→Applying the Form 3 requirement to non-residential property.
→Forgetting that section 45(2) also blocks recovery of the agent's outgoings.
→Thinking copies are only needed after the client signs.
→Treating the duty to hand over a signed copy as an administrative courtesy with no effect on commission.
Why this matters in the exam
Forms questions come in three shapes: which form (party and transaction), when (the s.6 timing rules with a calendar), and what the form says (commission, dual agency, interests, the Vendor's Statement). Several are worked out with dates or dollar figures, so read the clause carefully and do the sum by hand: calculators are not allowed.
The stakes are commercial. Under Estate Agents Ordinance (Cap. 511) s.45, an agent who skips the prescribed form for a Hong Kong residential property cannot sue for commission at all. The court applied this strictly in Easy Property Co Ltd v Hau King Kuen [2004] 1 HKLRD 155.
The six forms
Form
Name
Between
Transaction
1
Property Information Form (Part 2 is the Vendor's Statement)
Agent supplies to vendor and purchaser
Sale
2
Leasing Information Form
Agent supplies to landlord and tenant
Lease
3
Estate Agency Agreement
Agent and vendor
Sale
4
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