Hong Kong Estate Agency Agreements: Forms 3, 4, 5 and 6
Compare Hong Kong residential estate agency Forms 3–6 for vendors, purchasers, landlords and tenants, with a checklist for commission, validity and agency terms.
For Hong Kong residential property, Forms 3–6 are estate agency agreements. Form 3 is for a vendor, Form 4 for a purchaser, Form 5 for a landlord and Form 6 for a tenant dealing with an agent. Identify your role before checking the form and its terms.
Which form applies?
| Form | Agent’s client | Purpose |
|---|---|---|
| Form 3 | Vendor | Selling residential property in Hong Kong |
| Form 4 | Purchaser | Buying residential property in Hong Kong |
| Form 5 | Landlord | Letting residential property in Hong Kong |
| Form 6 | Tenant | Renting residential property in Hong Kong |
These purposes follow the Estate Agents Authority’s prescribed forms for Hong Kong residential property. Property information uses separate Forms 1–2; sale and tenancy documents must also be read separately. EAA
Before signing or making arrangements
- Check the form name, property scope, agency company and signatories.
- Read the commission amount or calculation, when payment is due, and the relevant schedules.
- Check validity, agency relationships and exclusive or non-exclusive arrangements; ask for an explanation of unclear wording.
- Read terms covering termination, renewal and transactions completed through other routes.
- Record agreed changes clearly, complete blank fields and keep a full copy.
Hypothetical example
Suppose you are seeking a Hong Kong residential property as a tenant and an agent supplies Form 5. Explain your role and ask the agent to check whether Form 6 is appropriate before reviewing its terms. This illustrates a form check, without assuming any commission or compensation outcome.
Common questions
Does signing an agency agreement mean I have bought a property?
An agency agreement concerns the appointment of the agent. Any purchase, tenancy or deposit commitment must be checked against the actual transaction documents you sign.
Can the form number alone tell me the commission or exclusivity terms?
No. Read the commission, validity, agency relationship and schedules individually, and obtain an explanation where needed.
Is Form 5 an offer form?
The EAA prescribed Form 5 discussed here is a residential letting agency agreement for a landlord and an agent.
Sources and scope
General information. Ask a qualified professional to assess the documents, ownership and tax treatment of your particular arrangement.