By Winfred Quek · CEA R073319H · Published 28 October 2026
Facts verified: 28 October 2026 · Sources listed below
A seller estate agency agreement is the contract that decides what your agent must do, what you pay and when. This page walks through the clauses in the two forms the Council for Estate Agencies (CEA) prescribes for selling residential property, so you know where to look and what to ask. It does not say which form to pick or quote any agent's fee. For how commission is usually structured and who pays GST, see our guide to property agent commission rules, and for the cost impact on your proceeds, seller commissions and net proceeds.
Which form, and is it compulsory?
CEA publishes a non exclusive form for sellers (Form 1, estate agency agreement for the sale of residential property) and an exclusive one (Form 5, exclusive estate agency agreement for the sale of residential property). CEA calls its Prescribed Estate Agency Agreement a recommended agreement and advises sellers to use it even when the agent is someone they know. It also tells sellers to ask the agent to go through the clauses before signing, and to sign only after they understand all of them, especially the commission clauses.
The printed terms cannot be deleted or varied. If you and the agent want extra terms, they go in the Additional Terms section, in writing, dated and initialed, on a pink sheet if the space is not enough, and they cannot conflict with, vary or limit the prescribed terms. If an agent offers their own contract instead, compare it clause by clause with the CEA form.
Source: CEA, What to take note of when engaging a property agent (last updated 13 May 2026), www.cea.gov.sg/consumers/engaging-a-property-agent/what-to-take-note-of-when-engaging-a-property-agent/, checked 28 October 2026.
Source: CEA, Agreements and checklists (last updated 14 August 2026), Forms 1 and 5, www.cea.gov.sg/real-estate-professionals/agreements-and-checklists/, checked 28 October 2026.
Clause: how long does it last?
The two forms differ most on term. Form 1 has no validity period. Its explanatory note says the estate agent is not an exclusive agent and the seller may also sell the property himself or through another agent. Form 5 has a validity period: it expires on the date you write in or 3 calendar months after the commencement date, whichever is earlier. It can be renewed only by signing the same prescribed form again with new dates, and each renewal cannot exceed 3 calendar months.
Clause: exclusive or non exclusive
| Point | Non exclusive (Form 1) | Exclusive (Form 5) |
|---|---|---|
| Other agents | You may also use other agents or sell yourself | You agree not to appoint any other agent during the validity period |
| Term | No validity period in the form | Up to 3 calendar months, renewable in the same form |
| When commission is triggered | You sign a binding sale and purchase agreement with a buyer the agent introduced | You sign a binding agreement during the validity period with any buyer, whether the agent introduced them or not |
| After the term ends | Nothing further stated | Commission is still payable if you sell within 3 calendar months after expiry to a buyer the agent introduced during the validity period |
| Expected sale price | Not in the form | Stated, for listing or advertising only; it does not let the agent make or accept an offer for you |
CEA's consumer page says the same in plain words: with an exclusive agreement you appoint one agency for up to three months and owe commission to it even if you sell through another agency or on your own, plus a three month tail for buyers it introduced. With a non exclusive agreement you appoint more than one agency, with no set period, and you pay the agency that successfully completes your sale. Neither is better in the abstract. If you choose exclusive, ask what the agent will do in return and write it in.
Source: CEA, Form 5 clauses 3 and 6 and explanatory note 7; Form 1 explanatory note 5, isomer-user-content.by.gov.sg/71/6ad5889a-ef12-45a2-8e55-0406aa1ffff6/Form%205%20-%20Exclusive%20Estate%20Agency%20Agreement%20for%20the%20Sale%20of%20Residential%20Property.pdf, checked 28 October 2026.
Clause: commission, and when it is payable
Both forms say the commission is a fixed dollar amount or a rate of the transacted price, and the explanatory notes state that the amount or rate is negotiable between you and the agent. The form gives no figure, so whatever you agree goes into the blank.
Three details are easy to miss.
- Payable at completion. The form ties commission to the transacted price at the time of completion of the property transaction, following a binding agreement for sale and purchase. That agreement can be an executed sale and purchase agreement or an option to purchase the buyer has exercised.
- GST must be stated. The form asks whether GST is payable and, if so, whether the stated commission is inclusive or exclusive of it. CEA notes that only GST registered agencies can charge GST. A 2% commission that is exclusive of GST costs more than a 2% commission that is inclusive, so tick the box deliberately.
- No commission if completion falls through without your fault. Both forms say you owe nothing if completion of the transaction falls through without fault on your part. For an HDB flat, they also say you owe nothing if completion falls through because you are ineligible to sell under HDB rules.
Illustrative arithmetic, with assumed figures: at an assumed 2% rate (not a market figure) on a transacted price of $800,000, commission would be $16,000 before any GST. Pay it to the agency, not to the individual agent, as CEA advises.
Co-broking is a separate tick box. The form says whether your agent may or may not co-broke with another agent. If co-broking is allowed, the two agents may split the commission as they agree, but you are not liable to pay the other agent anything.
Clause: ending the agreement early
I read both forms in full and did not find a clause that lets either side end the agreement early. For Form 1 there is no validity period, so the forms give you no stated end date at all. For Form 5 the end is the expiry date. If you want a right to end the agreement on notice, or a defined step if you are unhappy with the service, ask for it as an Additional Term before signing, knowing it cannot override the prescribed commission clauses. A lawyer can word it. For disputes, the forms set mediation under CEA's scheme first, then arbitration, unless you elect in writing not to. If the agent asks and you do not reply within three weeks, you are deemed to have elected not to.
What CEA says about acting for both sides
CEA states that a property agent can act for only one party in a transaction. Your agent must represent you and collect commission from you. An agent cannot be appointed by both buyer and seller for the same transaction, and CEA calls this an offence. The one carve out: your agent may help the other party with paperwork if you consent and the agent clearly states they are neither acting for the other party nor collecting any fee from them.
The form builds in a related duty. Clause 5 of Form 1, and the matching clause in Form 5, asks the agent to say whether they have a conflict or potential conflict of interest, and to give details. If one only arises later, the agent must disclose it to you in writing immediately, and may keep acting only if you, fully informed, consent in writing. The agent's Schedule 2 duties include advancing your interest unaffected by anyone else's interest and passing on all offers promptly.
Source: CEA, What to take note of when engaging a property agent (dual representation, GST, commission payee), www.cea.gov.sg/consumers/engaging-a-property-agent/what-to-take-note-of-when-engaging-a-property-agent/, checked 28 October 2026.
Other clauses worth a minute
- Access. You agree to let the agent show the property to buyers and their agents at mutually agreeable times.
- HDB duties. For an HDB flat, Schedule 2 adds that the agent advises on your eligibility to sell, goes through the resale checklist and checks that renovations were authorised, and helps you submit the forms HDB requires.
- Paperwork. Initial every page. The agent must give you the original or a copy immediately on signing, and should seek your consent before advertising your property.
Questions to put to the agent before you sign
- Exclusive or non exclusive, and why does that suit my situation?
- What is the exact commission, is it inclusive or exclusive of GST, and what is the dollar figure at my expected price?
- Do you have any conflict of interest, and have you ticked the box honestly?
- What do you commit to do, and is it written in the Additional Terms?
- If I want to end the arrangement, what can I do and when?
If you are deciding whether to use an agent at all, our page on selling yourself versus using an agent sets out the trade offs.
Frequently asked questions
Is the CEA seller estate agency agreement compulsory?
CEA describes its Prescribed Estate Agency Agreement as recommended and encourages sellers to use it, even with an agent they know. The printed terms cannot be changed, and any extra terms cannot conflict with them.
How long does an exclusive seller agreement last?
On CEA's Form 5, the agreement expires on the date stated or 3 calendar months after commencement, whichever is earlier. It can be renewed only in the same prescribed form, and each renewal cannot exceed 3 calendar months.
Can I owe commission after an exclusive agreement ends?
Yes, in one case. Form 5 says that if you sell within 3 calendar months after the expiry date to a buyer the agent introduced during the validity period, you are liable to pay commission.
Is the commission fixed by CEA?
No. The explanatory notes in both forms say the amount or rate of commission is negotiable between the seller and the agent, and CEA says commissions are not fixed. The form asks you to state whether GST is included.
Can one agent act for both buyer and seller?
No. CEA says an agent can act for only one party, and being appointed by both for the same transaction is an offence. The agent may help the other party with paperwork if you consent and it is clear they are not acting for or taking fees from that party.
Want the agreement clauses walked through before you sign?
Share the form you were given and Winfred will go through the term, exclusivity and commission blanks with you in plain English. Commission is negotiable. General information only.
Ask Winfred on WhatsApp Book a free 30 minute callWinfred Quek, CEA R073319H, Crestbrick Pte Ltd (L3010886H). General information as at 28 October 2026, not legal, financial, tax or property advice. Figures and clauses are from CEA's prescribed forms and pages and may change. This page does not state any agent's fee.