A viewing record, agency agreement and tenancy agreement perform different jobs. Establish representation, commission timing and properties covered. A claimed customary amount cannot replace agreed terms, and duplicate introductions by several agents need clarification.
What to have ready
Match the person and firm to current licence records
Use EAA's licence list to match the individual's name, licence number and current status, then verify the firm or business details. A chat avatar, logo or old card photograph is insufficient. If a colleague takes over, record who conducts the viewing, negotiates and collects money. Keep the check date. A valid licence establishes a regulatory status, not that every verbal promise is binding or every property document has been verified.
Establish whether the agent acts for the landlord, tenant or both and obtain the relevant disclosure. Property title and letting authority still require separate checks; licensing is not the owner's delegation. Before paying or handing over documents, identify payment purpose, recipient capacity and receipt. Reconfirm an unexpected change of payment instructions through the verified firm and transaction contacts instead of assuming the licence answers the collection question.
Use Form 6 to clarify service and commission
Form 6 is the residential letting agency agreement for a tenant, while Form 5 concerns the landlord. Do not confuse these with sale-and-purchase forms. Read the property list, validity period, agency relationship and additions, completing blank fields before signing. Obtain a copy and confirm amendments or extra properties. Calling a document a viewing sheet does not remove the need to understand the agreement it contains.
Commission is negotiable. Specify the amount or calculation, event making it payable, due date and payer instead of treating half a month's rent as a statutory tariff. Ask what the agreement says about a failed transaction, cancellation, another person signing or renewal. Request concrete wording rather than general reassurance. When using several firms, compare agreement periods and listed premises before assuming there can only be one fee claim.
For disputes, assemble the agreement and service record
The table organises EAA's published determination conditions and charges. Confirm the current terms, payment arrangements and both parties' agreement before choosing this route; the monetary ceiling defines jurisdiction rather than suitability for every dispute.
- Compare an invoice with the signed version and identify the amount, alleged trigger and discrepancy. Retain property introductions, viewings, offers, the transaction outcome and the agent's explanations in date order so the actual service and claim can be examined.
- Ask the firm to identify the clause and calculation. Regulatory complaints and commission determination are distinct. EAA can determine qualifying commission disputes when both parties agree and conditions including a prescribed agency agreement are met. The current jurisdictional ceiling is HK$300,000; check its fees and process before choosing that route.
- An EAA determination registered at the District Court becomes enforceable as its judgment. A complaint alone does not cancel commission. Consider determination, mediation, legal advice or a court route against eligibility and the parties' agreement, and continue to address deadlines in formal proceedings.
| EAA commission-determination check | Published arrangement |
|---|---|
| Referral conditions | Qualifying commission or fee dispute between a licensed agent and client; both parties agree and have executed a prescribed agency agreement |
| Amount in dispute ceiling | HK$300,000 |
| Filing fee for each party | HK$500, deductible from the determination fee |
| Determination fee | 10% of the total commission and other fee in dispute; minimum HK$2,000 |
| Legal representation | Not allowed in the determination proceedings |
Example: two firms introduce the same Tseung Kwan O flat
Ming views a flat with Firm A before Firm B supplies newer photos. He retrieves A's Form 6, checks its property list and period and asks B to explain its proposed agreement and possible overlapping obligations. He does not sign solely because someone says only the successful agent gets paid. He also checks the eventual landlord and the agent's payment arrangements separately.
If both firms later invoice him, he assembles the introduction and signing chronology and asks the appropriate adviser or forum to examine their clauses. This example cannot determine that one firm necessarily has or lacks a commission entitlement. Early preservation, questions about overlap and precise written fee terms make the competing claims reviewable against actual documents.
Verify licensing and read Form 6, recording commission triggers, overlap and renewal arrangements in writing.
Official information and enquiries
These are the reference and service entry points for this guide. Check current fees, eligibility, and schedules with the authority. The preparation date is not each source's official update date.