Form 6 (Listing Agreement) Example - Qld

Modified on Wed, 06 Mar 2024 at 09:19 AM


TABLE OF CONTENTS


How to Access


The templates can be accessed through REA Forms by clicking on Agency Agreements. If you are selling a residential property or a Business you will need to select Residential Sales Appointment - Form 6.


If you are selling a Caravan or Mobile Home,  you will need to select Selling Authority (Manufactured Home) - Form 9.




If you are selling a Commercial Property, you will need to select Commercial Sales Appointment - Form 6.


For Business sales, select Business Sale Appointment.


For Management Rights, select Business Sale Appointment - Management Rights.




Part 1 - Client Details


Enter the client's details here. If there are more than 2 clients, click the Blue button - Add Client - to add more clients. If the Client is a company, the full name and ACN or ABN of the company needs to be entered. If the Client is a Trust, then the full name of the Trustee (whether an individual or a company), the full name of the Trust and the ABN (if applicable) will need to be entered. There is no need to include the director's details.




Part 2 - Licensee Details


Be sure to tick that the license type is Real Estate Agent.


The Trading Name and details will depend on your license type and this should be filled out as follows:


Agent Type = Salesperson (Employee of @realty):

  • Trading Name = @realty 

  • Licensee Name = @realty Pty Ltd

  • ABN = 59 167 076 306

  • License Number = 3674008

  • License Expiry = 05/02/2027

  • Address = Level 11, 50 Cavill Ave

  • Suburb - Surfers Paradise

  • Sate - Qld

  • Postcode = 4217

  • Phone = blank

  • Fax = blank

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Licensed Agent (Operating as a Company = Yes)

  • Trading Name = Company Name

  • Licensee Name = Company Name in conjunction with @realty Pty Ltd

  • ABN = User ABN

  • License Number = Corporate License Number

  • License Expiry = Corporate License Expiry

  • Address = Agents address

  • Suburb - Agents Suburb

  • Sate - Agents State

  • Postcode = Agents Postcode

  • Phone = blank

  • Fax = blank

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Licensed Agent (Operating as a Company = No)

  • Trading Name = AgentName

  • Licensee Name = Agent Name in conjunction with @realty Pty Ltd

  • ABN = User ABN

  • License Number = Agent License Number

  • License Expiry = Agent License Expiry

  • Address = Agents address

  • Suburb - Agents Suburb

  • Sate - Agents State

  • Postcode = Agents Postcode

  • Phone = blank

  • Fax = blank

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Employee of Subcontractor & Franchisee 

  • Refer to the Team Leader’s Agent Type and use those details





Part 3 - Property Details


This is the information about the property that needs to be added, including:

  • Description = Property Type & Sub-Type

  • Address

  • Lot & Plan (this can be found on the title or Pricefinder)

  • Title Reference (this can be found on the title or Pricefinder)




Part 4 - Appointment of Property Agent


Select how you are representing the Property Owner (select SALE if you are the selling agent or PURCHASE if you are the Buyer's Agent). If you are running an Auction campaign, select Auction and enter the Auction Date.


PLEASE NOTE: If you are listing the property under an Auction process you MUST have an Auction Date on the listing form - you cannot have anything like "to be determined" etc.



Select either Single or Continuing Appointment. Residential Sales can have an exclusive appointment for a maximum of 90 days.


Please Note: A Residential Sale is a Single Appointment, not a continuing appointment



Enter the Listing price for the property. The price can be a single amount or range.


If the property is being marketed without a price (e.g. FOR SALE or Offers over $500,000) the text that is noted in Part 4 Section 3 must be exactly what is noted on any advertising


With this type of marketing regarding no advertised price - there is also a requirement under the Property Occupations Regulations to note the following text in any online advertising:


‘This property is being sold by auction or without a price and therefore a price guide can not be provided. The website may have filtered the property into a price bracket for website functionality purposes.’ 



You can include the Client's special conditions in this section. 




Part 6 - Property Sales


Select the type of agency (Open, Sole or Exclusive). Then select whether the appointment will continue after the exclusive period. 




Part 7 - Commission


The commission will be entered in the Annexure - Schedule of Additional Terms. (Scroll down to the Schedule of Terms).



 

For When commission is payable be sure to select Other. 


This will protect your commission under the following circumstances. 





Part 8 - Permission to incur fees


Enter the advertising costs. You can adjust the total amount in this section and the date payable. 



Then enter the details of the campaign in the Schedule of Additional Terms.


Any Marketing & Advertising costs MUST be included within the Listing Agreement and be understood by the Client prior to signing the document. 



If you are receiving any benefit during the transaction, other than the commission, you should enter the details in this section. 





Part 9 - Signatures


All legal owners of the property will need to sign the Form 6. If the Owner is a company (including a trustee company), you should perform an ASIC search and enter the details of the Directors. Similarly, if the Client is a Trust, you should ask for a copy of the Trust to confirm the Trustee's full name and the name of the Trust.




 You can attach additional annexures here. 




Schedule of Additional Terms


This will form part of the Form 6, therefore you should fill this out in detail.


CGT Withholding


You will need to tick 'Applicable' if the Vendor is a relevant foreign resident. Learn more here -


https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/capital-gains-withholding-a-guide-for-conveyancers#ato-Vendors 



If the CGT withholding is applicable, then you should tick who will be applying for the certificate (typically the accountant will be).






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