Before You Call an Agent: The Decisions That Actually Shape Your Property Sale

Most sellers assume the process is straightforward.

It’s your property. Your sale. Your choice.

But in Queensland, the legal and financial settings that determine how your sale unfolds are locked in long before a buyer signs anything, and often before the property even goes online.

The biggest risks in a residential sale don’t appear in the contract.

They appear before the campaign even starts.

And that is exactly why the safest first step is not calling an agent - it’s speaking to your solicitor.

1. The first stage happens before the property hits the market

For most sellers, the Form 6 looks like paperwork.

In reality, it is a binding legal appointment that sets the framework for the entire transaction.

It records:

• the agent’s authority

• the services they can provide

• the commission structure

• the expense approvals

• the term and cancellation mechanics

• whether you may owe two commissions if you change agents

It also allows you to include instructions, conditions, and limits - but only if you know what to include.

This is the moment where the legal groundwork should be set:

• how the contract will be prepared

• what conditions you are willing to accept

• what risks you are not willing to take

• how disclosure will be handled

• what authority the agent should and should not have

Once the property is live and buyers are circling, these decisions become much harder to change.

2. The Form 6 is a legal structure, not a marketing form

Choosing between an open listing, sole agency or exclusive agency is not a marketing decision - it is a legal and financial one.

Each structure affects:

• who can act

• how flexible you are

• what happens if you want to change direction

• when commission becomes payable

Under Queensland law, sole and exclusive appointments have strict limits:

• maximum 90‑day term

• if the term is more than 60 days, either party can terminate with 30 days’ notice

• after the term ends, the appointment may continue as an open listing if the form says so

These details are often overlooked, but they can determine whether you remain locked into an arrangement longer than expected - or whether you risk paying two commissions.

This is legal territory - it should be reviewed by a solicitor before you sign anything.

3. Commission is not just about the percentage

Most sellers focus on the headline rate.

But the Form 6 also sets:

• when commission is payable

• whether commission is triggered even if the contract doesn’t settle

• what marketing expenses are authorised

• whether there are additional fees, rebates or benefits

The form specifically warns that if “Other” is selected as the commission trigger, the agent may still claim commission even if the contract collapses.

This is the kind of detail that should be understood before signing - not argued about after a deal falls over.

4. Once the contract is signed, your options narrow

Queensland guidance is clear: once both parties sign, the contract is binding.

The buyer’s cooling‑off period starts when they receive the fully signed contract.

And any conditions - finance, building and pest, sale of another property, special terms - must be in the contract before signing.

If it’s not written in, it doesn’t exist.

This is where earlier decisions matter.

A long finance period, a generous building and pest clause, or a settlement date that doesn’t suit your plans may be commercially sensible - but they are still commitments you must live with.

Once you sign, you are no longer shaping the terms. You are complying with them.

5. Disclosure now affects deal certainty

Under Queensland’s seller disclosure scheme, the seller must provide the disclosure documents before the buyer signs.

If disclosure is:

• not given

• given late

• inaccurate

• incomplete in a material way,

…the buyer may terminate up to settlement.

A poorly prepared disclosure package can derail a sale after weeks of negotiation, disrupt linked transactions, and damage your position.

This is legal work. It must be done before the property is launched.

So who should you speak to first?

A real estate agent is essential for the marketing campaign.

They handle presentation, inspections, buyer engagement and negotiation momentum.

But the legal structure of the transaction - the part that determines whether the sale is safe, compliant and aligned with your goals - is the solicitor’s domain.

Your solicitor is the only independent advisor in the process.

They can:

• review the Form 6

• prepare or review the contract

• prepare the disclosure documents

• advise on risk

• recommend other professionals

• ensure the legal foundations are correct before the campaign begins

The practical takeaway

Before your property goes live, someone should examine:

• the appointment type

• the term and termination mechanics

• any continuing open‑listing arrangements

• the commission trigger

• the authorised expenses

• the contract terms you are willing to accept

• the disclosure documents required under Queensland law

A real estate agent may help you sell the property.

A property lawyer ensures the transaction is built properly from the start.

And in Queensland, the safest time to get that advice is before the first signature goes on the page.