Quick answer
When you sell a condo through an agent, CEA provides two prescribed estate agency agreements for sellers. Under the exclusive agreement (Form 5), you appoint only one property agency for a validity period of up to three months. CEA states that you are liable to pay commission to that agency even if you sell through another agency or complete the sale on your own during that period. Under the non-exclusive agreement (Form 1), you can appoint more than one agency with no specified validity period, and you pay commission to the agency that successfully helps you complete the sale.
Neither type is required by CEA; you can choose either one. Commission is not fixed and can be negotiated. Agree the type, the commission and whether GST applies in writing before the agent starts work, and read every clause, especially the ones on commission, before you sign.
Five checks before you sign an agent agreement
Decide between exclusive (one agency) and non-exclusive (one or more).
An exclusive agreement can run for up to three months.
Agree the amount or rate, and whether GST is included.
Extra terms must not conflict with the prescribed terms.
Check the agent on CEA’s Public Register first.
Exclusive and non-exclusive agreements compared
| Point | Exclusive (Form 5) | Non-exclusive (Form 1) |
|---|---|---|
| Agencies you appoint | Only one | One or more |
| Validity period | Up to three months | No specified period |
| Who you pay | The appointed agency, even if you sell another way | The agency that helps complete the sale |
| After it ends | Commission may still be due for three months, for a buyer the agency introduced | No such period stated by CEA |
Summarised from CEA’s consumer guidance on engaging a property agent. The signed agreement sets out the exact terms for your sale.
Key takeaways
- CEA has two prescribed estate agency agreements for selling residential property: Form 5 (exclusive) and Form 1 (non-exclusive).
- An exclusive agreement appoints one property agency for a validity period of up to three months.
- During an exclusive agreement, commission is payable to the appointed agency even if you sell through another agency or by yourself.
- For three months after an exclusive agreement ends, commission may still be due if you sell to a buyer the appointed agency introduced during the validity period.
- A non-exclusive agreement lets you appoint more than one agency, and commission goes to the agency that helps complete the sale.
- Commission rates are not fixed. CEA says they are negotiable, and commission is paid to the property agency, not the individual agent.
Background
An estate agency agreement is the contract between you and the property agency that your agent works for. CEA explains that it sets out the duties of the agency and its agents, the agreed commission rate, and the duty to declare any actual or potential conflict of interest.
CEA publishes prescribed versions of these agreements for buyers, sellers, landlords and tenants. For sellers of residential property, the two forms are the Estate Agency Agreement for the Sale of Residential Property (Form 1) and the Exclusive Estate Agency Agreement for the Sale of Residential Property (Form 5). CEA advises consumers to use a prescribed agreement even if the agent is someone they know.
This article explains how the two seller agreements differ and what to check before signing. It does not replace the terms of the agreement you actually sign.
Latest guidance
CEA’s page What to take note of when engaging a property agent was last updated on 13 May 2026, and its Buying or selling page was last updated on 18 August 2025. CEA’s article on how prescribed agreements reduce disputes is dated 13 February 2026 and states that its information was accurate as at 13 May 2026. These pages were reviewed on 11 November 2026.
This article does not report a new rule or effective date. Check CEA’s website for the current forms before you sign.
Who is affected
This guide is for owners who plan to sell a private residential property, such as a condominium or apartment, through a property agent, and who are about to be asked to sign an estate agency agreement.
It is most useful if you are deciding whether to give one agency an exclusive appointment, if more than one agent has approached you, or if you are not sure when commission becomes payable. The guide to selling private property sets out the wider selling process.
Who is not affected
Buyers, landlords and tenants use different versions of the prescribed agreements, so the seller forms described here do not apply to them. Landlords can find related guidance on the landlord page.
This guide focuses on private property. An HDB resale follows HDB’s own procedures and documents; the HDB selling page covers that route. Owners who sell without any agent do not sign an estate agency agreement, although an existing exclusive agreement can still affect them, as explained below.
What remains unchanged
- Using CEA’s prescribed agreements is strongly encouraged, and you choose which type to sign.
- Commission is a matter for you and the property agency to agree; there are no fixed rates.
- Your agent must not handle transaction monies such as the option fee, option exercise fee, deposits or sale proceeds.
- An agent agreement does not replace the Option to Purchase, the sale contract or your lawyer’s advice.
- No agreement type guarantees a sale price, a buyer or a timeline.
Planning considerations
1. Check the agent before anything is signed
CEA advises consumers to verify the agent’s details on its Public Register and to make sure the agent is registered with CEA through a licensed property agency. Do this before you discuss terms, and confirm which agency the agreement will be with, because commission is paid to that agency.
2. Decide which agreement type suits your sale
An exclusive agreement gives one agency sole responsibility for your sale for up to three months. A non-exclusive agreement lets you work with more than one agency, with no specified validity period. CEA states that you can choose either type depending on your needs and preferences. Think about how you want marketing, viewings and offers to be coordinated, and how many agents you are prepared to deal with.
3. Understand what you owe under an exclusive agreement
CEA states that, under an exclusive agreement, you are liable to pay commission to the appointed agency even if you sell through another agency or complete the sale on your own during the validity period. For three months after the validity period, you are still liable to pay commission if the property is sold to a party introduced by the appointed agency during the validity period. If you might sell to a buyer you found yourself, factor this in before you sign. CEA’s 2023 guidance to agents notes that once an exclusive agreement lapses, you can renew it or sign another agreement.
4. Agree commission and GST in writing
CEA states that commissions are not fixed and you are free to negotiate the amount or rate; it gives a flat fee instead of a percentage as one example. Clarify whether GST is included or excluded. CEA notes that only GST-registered property agencies can charge GST. Record the agreed commission in the prescribed agreement. The guide to the cost of selling a condo shows where commission sits among other sale expenses.
5. Read the clauses and any additional terms
CEA advises sellers to ask the agent to go through the clauses and to sign only after understanding all of them, especially those on commission. Additional terms can be added in the space provided or on a separate sheet, but they cannot conflict with, or vary from, the prescribed terms. Ask for copies of all signed documents.
6. Sign before marketing starts
CEA encourages sellers to sign the agreement at the very beginning, before the agent advertises the property for sale, so that both sides agree on roles and commission upfront. CEA also states that the agent should get your consent before advertising the property and should tell you about all offers, counter-offers and expressions of interest. The pre-OTP seller checklist covers the ownership, tax and completion checks that follow.
7. Know how payment and disputes work
Once the sale is completed, CEA states that you pay the agreed commission to the property agency, not to the individual agent, and encourages verifiable payment methods such as bank transfers. If a dispute arises, CEA suggests approaching the property agency first. CEA’s Dispute Resolution Scheme is available only if you signed a CEA prescribed agreement with the agency and the dispute arises from the terms of that agreement.
8. Plan the wider sale
The agreement is one part of the selling plan, alongside pricing, preparation and timing. The private-property selling page explains how Melvin approaches the wider selling process. Legal questions about a specific agreement remain with your lawyer.
FAQ
Official sources
- Council for Estate Agencies — What to Take Note of When Engaging a Property Agent — last updated 13 May 2026
- Council for Estate Agencies — Buying or Selling (prescribed estate agency agreements, Forms 1 and 5) — last updated 18 August 2025
- Council for Estate Agencies — How CEA’s Prescribed Estate Agency Agreements Can Reduce Disputes in Property Transactions — 13 February 2026, information accurate as at 13 May 2026
- Council for Estate Agencies — Three Important Things to Tell Your Clients About Estate Agency Agreements — 23 February 2023, information accurate as at 3 February 2023
This article provides general educational information. The terms of an estate agency agreement depend on the form and any additional terms you sign; confirm legal questions with a lawyer and check CEA’s current guidance before a binding commitment is made.