About this form
Form 5 appoints a single agency to market a residential property for sale on an exclusive basis for a defined period. During that period the seller works with that agency alone. Because exclusivity restricts the seller’s freedom, the form carries obligations the non-exclusive Form 1 does not, and the period is a term the parties must actively set.
When you need it
- A seller agrees to appoint your agency alone for a defined marketing period.
- You are committing marketing spend that only makes sense with a secured mandate.
- The seller wants a single point of accountability rather than competing agencies.
How to complete it
- Identify the property precisely, including the unit number.
- Set the exclusive period explicitly, with both a start and an end date. This is the term that gives the form its effect and it must not be left blank.
- State the commission, its basis, and its trigger — including what happens if the property sells to a buyer introduced during the exclusive period but concluding after it ends.
- Record the seller’s particulars from identification.
- Complete the salesperson’s CEA registration number.
- Explain the effect of exclusivity to the seller before they sign, and give them a copy.
Common mistakes
- Leaving the exclusive period open-ended, which is the error most likely to be challenged later.
- Not addressing the post-expiry position for a buyer introduced during the exclusive period.
- Using Form 5 where the seller has not in fact agreed to exclusivity.
- Rolling an expired exclusive appointment forward informally rather than documenting a new one.
Legal basis
Prescribed under the Estate Agents (Estate Agency Work) Regulations. CEA publishes the current forms and accompanying guidance. Read the issuer’s guidance.
Questions
- How long can an exclusive period run?
- The period is a term the parties set in the form. Rather than reproduce a figure here that could change, check CEA’s current guidance on the agreements page before setting an unusually long period.
- Can a seller terminate an exclusive agreement early?
- That depends on the termination terms of the agreement itself. It is a question about the specific document, and it is one worth walking the seller through at signing rather than at the point of dispute.
- What happens when the exclusive period ends?
- The exclusivity ends with it. Continuing to market on the same basis afterwards requires a fresh appointment, whether exclusive or on Form 1.