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Use Case · Estate Agent Commission Dispute

You Signed the Form Before the Viewing. Do You Owe the Commission?
The agent chasing it and the client refusing it are both reading the same piece of paper.

Signing it does not automatically mean you pay. Estate agent commission on Hong Kong residential property depends on which side you are on — agent, vendor, purchaser or a leasing party — and then on the paperwork: the prescribed estate agency agreement, the copy you should have been given, the agent's licence at the moment of signing, and the clause that actually triggers the money. That form the agent handed you before the viewing has a name: it is the prescribed estate agency agreement for a purchaser, Form 4 (睇樓紙). Start with the document in your hand and we will take it from there.

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Paper-craft estate agent handing a residential agency agreement to a client, paper lion alongside
Case Assessment

Your Commission Dispute: Is the Amount Within the Tribunal? Is the Paperwork Enough?

Commission Route Assessment

Four steps to check the amount, which side you are on, the documents and the evidence. The result tells you about scope and cost only — it does not predict whether you can collect, or whether you have to pay.

Step 1 of 4

How much commission is in dispute?

Pick the closest band — it carries the statutory filing fee set by Cap. 338B.

Service & Pricing

Check the threshold first, then decide about filing support

Service Fee

FromHK$499

  • Official filing fee HK$20–120 banded by amount under Cap. 338B
  • Filing support from HK$499; official fees payable separately
  • A free first check of the form, the licence, the amount and the order of the two routes
Free Case Assessment (WhatsApp)View filing-support pricing
How to Pursue This Type of Claim

From the Form to the Filing: Four Files, in Order

Step 1Form & Licence

Check the Form, the Copy and the Licence

For residential property, an agent with no prescribed form, no copy given, or no licence at the moment of signing does not get past s.45(1) of the Estate Agents Ordinance (Cap. 511) — there is no cause of action for commission at all.

  • A vendor selling uses Form 3; a purchaser uses Form 4, the form handed over before the viewing
  • Signed in front of you: the copy must be delivered there and then. Otherwise: within 7 days (s.48(2))
  • Read the commencement and expiry dates in clause 1 of your own signed copy
Tenancy paperwork disputes: see the deposit recovery page
Step 2The Record

Put the Introduction and the Transaction in Order

The vendor's Form 3 and the purchaser's Form 4 are two separate relationships — do not read one through the other.

  • A vendor reads the "through the Agent" wording, and the exclusive-agency note
  • A purchaser reads Schedule 3 §5 of Form 4
  • Keep the sale and purchase agreement, the dates, the property and the parties
Timelines for tenancy money: see the rent arrears page
Step 3In Writing

Put the Demand — or the Reply — in Writing

Every conclusion has to connect back to a date and a document.

  • Set out the form, the Validity Period, the property and how the deal was closed
  • State the commission exactly as the signed clause calculates it — no rate is set by law
  • Keep the demand, the reply, the attachments and proof of delivery
See Small Claims Tribunal filing support
Step 4Choose a Route

Choose the Route: the Authority or the Tribunal

Do not sign a joint s.49 referral letter before you have decided.

  • The s.49 route needs one letter signed by both sides, plus HK$500 from each party
  • The Tribunal's ceiling is HK$75,000; the filing fee is HK$20 to HK$120
  • Once a claim has been submitted to the Estate Agents Authority under s.49 and the Authority has not declined jurisdiction, the Tribunal has no jurisdiction over it
Go down to the route comparison

The Official Procedure: Start With the Judiciary's Guide

The Small Claims Tribunal handles monetary claims founded in contract of not more than HK$75,000, and no legal representation is allowed. Before filing a commission case, get the claimant, the defendant, the agreement, the transaction, the amount and your s.49 position straight — then check the current procedure and forms on the Judiciary's own page.

Visit the Judiciary's Small Claims Tribunal pageSee filing support pricing
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Real Cases

Success Stories

Commission, goods, service fees and rent all come down to the same three things: the documents, the amount, and picking the right route. Here are real outcomes from similar money disputes.

View All Success Stories →
Agent commission recovery success caseAgent Commission

HK$19,800

Won — Full Amount Recovered

Agent Secured the Tenancy — Landlord Refused to Pay Commission

Approx. 6 weeks
Unpaid service fee recovery success caseUnpaid Service Fee

HK$22,000

Won — Full Amount Recovered

Design Agency Completes Project — Client Refuses Final Payment, Full Fee Recovered

Approx. 2.5 months
Trade payment recovery success caseTrade Payment

HK$31,500

Won — Full Amount Recovered

Three Deliveries, All Signed — Restaurant Refused to Pay Anyway

Approx. 2.5 months
Rent arrears recovery success caseRent Arrears Recovery

HK$44,000

Won — Full Amount Recovered

Tenant Accumulated Four Months' Rent Arrears — Landlord Recovered Full Amount

Approx. 3.5 months
Estate Agent Commission · Answer First

One Deal, Two Forms, Two Opposite Answers

Whether you are the vendor or the purchaser, the answer can come out exactly the other way round. A vendor selling reads Form 3; a purchaser reads Form 4, the form handed over before the viewing. The verdict comes first below; the clauses open underneath it.

The Same Event

The vendor and the buyer close the deal privately between themselves, without the agent.

One side is between the vendor and the agent. The other is between the purchaser and the agent.

Between the vendor and the agent

The vendor signed Form 3

Form 3

The owner sold privately to the buyer — can I still claim my commission?

Generally not. The standard Form 3 makes commission payable where, during the Validity Period, the vendor enters into a binding agreement for sale and purchase through the Agent; for an exclusive agency, a sale through another estate agent counts too. A genuinely private sale between owner and buyer usually hits neither trigger.

Vendor

A genuinely private sale generally does not attract commission

The standard Form 3 triggers usually do not match what happened.

Agent

This commission generally cannot be recovered

Form 3 requires a sale "through the Agent"; an exclusive agency also captures a sale through another estate agent.

Clause focus

  • During the Validity Period
  • Through the Agent
  • Exclusive agency: through another agent

Source: estate agency agreement (Form 3), Schedule 2 §1 and Note (3); Estate Agents Authority, "FAQs about Practices", FAQ 6.

How the wording produces this result

Form 3, Schedule 2 §1 requires the vendor to enter into a binding agreement for sale and purchase "through the Agent" during the Validity Period.

Note (3) adds, for an exclusive agency, a sale through another estate agent. An owner who negotiates directly with the buyer falls inside neither sentence — and the Authority puts it in plain words: if the client sells the property to the purchaser direct instead of the exclusive agent or another estate agent, he does not need to pay commission to the exclusive agent.

Between the purchaser and the agent

The purchaser signed the viewing form

Form 4

I signed the form before the viewing — does that mean I owe commission?

Generally yes. Form 4, Schedule 3 §5 makes the purchaser liable for commission where the purchaser — or a spouse, nominee, undisclosed principal or agent of the purchaser — enters into a binding agreement for sale and purchase with the vendor during the Validity Period, whether through the Agent or otherwise. Buying direct does not switch it off. The agent still has to clear the full checklist below.

Purchaser

If the full conditions are met, commission is generally still owed

Buying direct from the vendor is not, by itself, a way around Form 4.

Agent

Clear all five conditions and this is generally recoverable

Check s.45(1), the Validity Period and the properties listed on the form first.

Clause focus

  • During the Validity Period
  • A property listed on the form
  • Whether through the Agent or otherwise

Source: the viewing form / estate agency agreement (Form 4), Schedule 3 §5; Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Cap. 511C), s.6(2), which requires the agreement to be entered into before the viewing is arranged.

How the wording produces this result

Form 4, Schedule 3 §5 reaches the purchaser, the spouse, a nominee, an undisclosed principal or an agent of the purchaser, for a binding agreement entered into during the Validity Period.

"Whether through the Agent or otherwise" is the phrase that does the work. But it still has to be a property listed on the form, inside the Validity Period, with s.45(1), the copy and the licence all satisfied.

Paper-craft Form 3, Form 4 and an estate agent's licence card side by side, against the three gates in s.45

The three gates in s.45(1), plus the form's trigger clauses

Before an Agent Can Be Paid: Five Things, All of Them

The first three are the three gates in s.45(1) of the Estate Agents Ordinance (Cap. 511). The last two are what the form itself requires before commission is triggered. All five have to hold — one failure is enough.

1A prescribed-form estate agency agreement exists

For Hong Kong residential property, an estate agency agreement must be in the prescribed form. A vendor selling uses Form 3; a purchaser uses Form 4 — the form handed over before the viewing. With no prescribed form, a residential estate agent has no cause of action for commission at all.

Estate Agents Ordinance (Cap. 511), s.45(1)(a); Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Cap. 511C), ss.6(1) and 6(2).

2The agreement was properly executed, and the copy reached the client on time

The copy rule is not a flat "within 7 days" — it depends on how the agreement was signed. Fail s.47 or s.48 and the agreement is not properly executed, which takes it straight out of s.45.

Signed in front of you
Where the unexecuted agreement is presented in person and becomes executed on that occasion, a copy of it — and of any document referred to in it — must be delivered there and then. "There and then" is about the moment of signing, not the place.
Any other case
The copy of the executed agreement must be given to the client within the period of 7 days following execution (s.48(2)). Keep the date, the method and proof of receipt.

Cap. 511 ss.48(1), 48(2), 48(3) and s.47(3). Form 4 prints the same caution on its signature page: immediately after signing, the purchaser must be given the original or a copy as signed.

3The agent was licensed at the moment of signing

A licence today is not the question. s.45(1)(b) asks whether the agent was a licensed estate agent at the time the agreement was entered into and executed. For residential property, no licence at that moment means no cause of action for commission. Carrying on estate agency work unlicensed is also an offence — on indictment, up to a HK$500,000 fine and 2 years' imprisonment.

Cap. 511 ss.15(1), 15(2), 45(1)(b), 55(1)(a) and 55(3)(a).

4The deal fell inside the Validity Period, and involved a property named on the form

The Validity Period is two date blanks in clause 1 of the form, filled in by the parties themselves — a commencement date and an expiry date, both days inclusive. It can be different on every form. Every commission trigger is gated on it, and the property has to be one the form actually lists.

Form 3, Schedule 2 §1; Form 4, clause 1 and Schedule 3 §5.

5A trigger clause on your side was met, and no "deal fell through" exception applies

A vendor asks whether the sale was through the Agent — and, under an exclusive agency, whether it was through another estate agent. A purchaser asks whether a binding agreement was entered into during the Validity Period for a property listed on the form, whether through the Agent or otherwise. If completion falls through without fault on the client's part, no commission is payable and anything already paid must be refunded not later than 5 working days. But where a binding agreement is cancelled by mutual agreement and that cancellation does not arise from any provision of the sale and purchase agreement, commission still becomes payable. And a client owes commission to his own agent only — not to agents that agent co-operates with.

Form 3, Schedule 2 and Form 4, Schedule 3, §§1–4.

There Is No Fixed Validity Period — Read Clause 1 of Your Own Form

Clause 1 of Form 4 has two blanks that the parties fill in themselves: the date the agreement takes effect and the date it expires, both days inclusive. The bracketed line "it is recommended that the Validity Period should be not more than 3 months" is a caution printed on the form — a recommendation. It is not a statutory limit and it is not a default that applies if nobody wrote anything.

Get out your own signed copy and read the two dates in clause 1. Do not go from memory.

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Residential Leasing · The Same Statutory Gate

Commission on a Rental: Forms 5 and 6 Are Where It Starts

A residential letting does not borrow the sale-side clauses — but it needs a properly executed prescribed form just the same: Form 5 for a landlord, Form 6 for a tenant.

The forms, the deadlines and the claim ceiling
  • — s.45(1) applies to Hong Kong residential property either way: without a properly executed prescribed-form agreement, an estate agent has no cause of action for commission.
  • — On the owner's side, the agreement must be entered into within 7 working days after accepting an instruction to sell or lease, or before advertising, or before signing — whichever is the earliest (Cap. 511C, s.6(1)).
  • — No commission amount or rate is set by law for a letting any more than for a sale — it is negotiated between the agent and the client. A monetary claim founded in contract of not more than HK$75,000 can fall within the Small Claims Tribunal.

We have not verified the clause-by-clause wording of Forms 5 and 6. Which one you signed, and what its clauses say, is governed by the copy in your hand — not by anything on this page.

Paper-craft balance scale weighing an estate agent's licence against a blank unsigned agreement

Client Defences · Checked Against the Text

You Have Been Asked to Pay: Which Reasons Actually Hold?

Not every "I shouldn't have to pay" carries the same weight. Nine reasons, sorted into two groups: those written into a provision or a form, and those that are just an argument. Each one still has to connect back to your signed document and the dates.

Holds up · written into a provision or the form

  1. 1

    No prescribed-form agreement was signed

    For residential property, an agent without the prescribed form required by s.45(1)(a) has no cause of action for commission.

    Estate Agents Ordinance (Cap. 511), s.45(1)(a).

  2. 2

    I was never given the signed copy on time

    Presented and signed in front of you, the copy must be handed over there and then; in any other case, within 7 days. Breach of s.47 or s.48 means the agreement was not properly executed.

    Cap. 511 ss.47(3), 48(1), 48(2) and 48(3).

  3. 3

    The agent was not licensed at the moment of signing

    s.45(1)(b) is a separate gate. For residential property, no licence at that moment and there is no cause of action for commission.

    Cap. 511 s.45(1)(b); the licence requirement itself is s.15.

  4. 4

    The owner really did sell privately

    The standard Form 3 requires a sale through the Agent; an exclusive agency also captures a sale through another estate agent. A genuinely private sale generally triggers neither.

    Estate agency agreement (Form 3), Schedule 2 §1 and Note (3).

  5. 5

    The deal fell through, and not through my fault

    The form's schedule says no commission is payable, and anything already paid must be refunded not later than 5 working days.

    Form 3, Schedule 2 and Form 4, Schedule 3, §2.

  6. 6

    The Validity Period had already expired

    Every trigger in Form 3 and Form 4 is gated on the deal falling inside the Validity Period — read the two dates in clause 1 of your own form.

    Form 3, Schedule 2 §1; Form 4, clause 1 and Schedule 3 §5.

  7. 7

    A co-operating agency is billing me as well

    The schedule says a client is not liable to pay commission to other estate agents the Agent co-operates with. You owe your own agent.

    Form 3, Schedule 2 and Form 4, Schedule 3, §4.

Does not hold · an argument, not a rule

  1. 1

    I signed the viewing form but bought direct from the owner

    Form 4, Schedule 3 §5 covers a binding agreement entered into during the Validity Period for a property listed on the form, whether through the Agent or otherwise.

    The viewing form / estate agency agreement (Form 4), Schedule 3 §5.

  2. 2

    We cancelled by mutual agreement, so no commission is due

    Where the cancellation does not arise from a provision of the sale and purchase agreement itself, §3 of the schedule says commission still becomes payable.

    Form 3, Schedule 2 and Form 4, Schedule 3, §3.

Every line here has to be connected back to the form you actually signed, its dates and your evidence. This page sets out the general rules — it does not decide, in place of an adjudicator, whose account of the facts is right.

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Two Routes to Recovery

Estate Agent Commission: Cost Both Routes First — You Only Get to Use One

Agent or client, start by comparing the two routes at the amount actually in dispute. But the s.49 route needs both sides to agree, the Small Claims Tribunal generally stops at HK$75,000, and the order between them only runs one way.

Paper lion standing between two paper doors: the Estate Agents Authority and the Small Claims Tribunal
"You" below means whoever is bringing the claim — an agent chasing unpaid commission, or a client disputing it or seeking money back. The Authority's HK$500 is paid by each party.

"Complaining to the Estate Agents Authority" and "a s.49 Determination" Are Two Different Things

An ordinary conduct complaint does not start the s.49 route. What can shut the door is a letter both sides sign referring this commission dispute to the Authority to decide under s.49. If you have signed anything of that kind, say so before you file at the Tribunal.

If you are the agent: there is no complaint to make about your client. The Authority licenses and disciplines estate agents — s.29 is a complaint that a licensee has contravened the Ordinance, and every s.30 power operates on the licensee's own licence. A client is not a licensee. Chasing the money is a civil claim.

If you are the client: a complaint can deal with the agent's conduct — but the disciplinary process will not order your commission refunded or award you compensation.

Why do the two have different legal effects?

An ordinary complaint runs under ss.29 and 30 of the Estate Agents Ordinance and is about a licensee's conduct. If it is substantiated, the powers available are admonishment, reprimand, conditions on the licence, suspension of up to 2 years, revocation, a fine of up to HK$300,000, and orders about the costs of the proceedings. A fine is not compensation, and it does not go to the complainant. In the Authority's own words, a claim for damages caused by misconduct or breach of duty is not within its jurisdiction and you should pursue it through legal proceedings or alternative dispute resolution yourself.

The s.49 route is a different scheme, in a different Part of the same Ordinance ("Disputes as regards Commission, etc."). It decides the money — the amount of the commission, how it is calculated, or how it is payable — and only where both sides agree. Under the Estate Agents (Determination of Commission Disputes) Regulation (Cap. 511D), s.4(1), it is started by a letter signed by both parties stating that they agree to refer the dispute under s.49, plus a HK$500 filing fee from each party; s.4(2) says the proceedings are deemed to have commenced on the date the letter and the fees are received.

How much commission is in dispute?

Pick an amount and see what each route actually costs.

Amount in dispute

HK$20,000

Smaller claim

Route available?

Estate Agents Authority s.49Available
Small Claims TribunalAvailable

How the fee is worked out

Estate Agents Authority s.4910% = HK$2,000 (the minimum fee)
Small Claims TribunalHK$5,001–25,000 band

Cost to the party bringing it

Estate Agents Authority s.49
Equal shares in principleHK$1,000
If the whole cost is put on the filing partyHK$2,000
Small Claims TribunalHK$40

Cost notes

Estate Agents Authority s.49Your HK$500 filing fee is credited against your share; the adjudicator may apportion costs differently.
Small Claims TribunalThe statutory filing fee. Legal costs are not recoverable.

Amount in dispute

HK$50,000

Mid-range

Route available?

Estate Agents Authority s.49Available
Small Claims TribunalAvailable

How the fee is worked out

Estate Agents Authority s.4910% = HK$5,000
Small Claims TribunalHK$25,001–50,000 band

Cost to the party bringing it

Estate Agents Authority s.49
Equal shares in principleHK$2,500
If the whole cost is put on the filing partyHK$5,000
Small Claims TribunalHK$70

Cost notes

Estate Agents Authority s.49HK$500 already credited; the adjudicator may apportion differently.
Small Claims TribunalBanded by the amount claimed.

Amount in dispute

HK$60,000

Common

Route available?

Estate Agents Authority s.49Available
Small Claims TribunalAvailable

How the fee is worked out

Estate Agents Authority s.4910% = HK$6,000
Small Claims TribunalHK$50,001–75,000 band

Cost to the party bringing it

Estate Agents Authority s.49
Equal shares in principleHK$3,000
If the whole cost is put on the filing partyHK$6,000
Small Claims TribunalHK$120

Cost notes

Estate Agents Authority s.49The equal share is HK$2,880 more than the Tribunal's fee; the adjudicator may apportion differently.
Small Claims TribunalPrice alone is not a reason to pick a route.

Amount in dispute

HK$150,000

Larger claim

Route available?

Estate Agents Authority s.49Available · under the HK$300,000 ceiling
Small Claims TribunalOver the ceiling

How the fee is worked out

Estate Agents Authority s.4910% = HK$15,000
Small Claims TribunalOver HK$75,000

Cost to the party bringing it

Estate Agents Authority s.49
Equal shares in principleHK$7,500
If the whole cost is put on the filing partyHK$15,000
Small Claims TribunalNot available

Cost notes

Estate Agents Authority s.49Equal shares in principle; the adjudicator may apportion differently.
Small Claims TribunalNo splitting; abandoning the excess discharges the whole demand.
What else separates the two routes? Compare them row by row

Which side are you on

Estate Agents Authority s.49Either the agent or the client can propose it, but the other side has to agree.
Small Claims TribunalEither side can file on its own. A residential agent chasing commission still has to clear s.45(1) first.

How it starts

Estate Agents Authority s.49One letter signed by both parties, expressly referring the dispute under s.49, plus HK$500 from each party. Nothing has commenced until the letter and both fees are received (Cap. 511D, s.4(1)–(2)). There is no referral form — the signed letter is the prescribed step.
Small Claims TribunalOne side files; the other side's consent is not needed. The exception is where the same claim has already been submitted to the Estate Agents Authority under s.49 and the Authority has not declined jurisdiction.

Amounts and limits

Estate Agents Authority s.49The ceiling is HK$300,000. The Authority may still decline jurisdiction under s.49(2), at any time, on its own motion or on a party's application.
Small Claims TribunalThe ceiling is HK$75,000. Cap. 338 s.8 forbids splitting a claim to get under it. s.9 allows you to abandon the excess — but the award is then in full discharge of all demands.

How costs work

Estate Agents Authority s.49The determination fee is 10% of the total commission and other fee in dispute, or HK$2,000, whichever is higher (Cap. 511D, s.25(1)). Costs are in principle borne in equal shares, and the adjudicator is free to apportion them otherwise (s.26(2)–(3)). Each party's HK$500 filing fee is deductible from their share of the determination fee, and any excess is returned; the filing fee is otherwise not refundable (ss.25(2), 4(4)).
Small Claims TribunalThe statutory filing fee is HK$20, HK$40, HK$70 or HK$120 (Cap. 338B). Legal costs are not recoverable even if you win.

Who attends

Estate Agents Authority s.49No legal representation. Translation and interpretation costs and witnesses' travel expenses can go into the costs order to the extent the adjudicator allows.
Small Claims TribunalNo legal representation (Cap. 338 s.19(2)). A limited company is not shut out: s.19(1)(b) gives an officer or servant of a corporation a right of audience where the corporation is a party, and it does not require the Tribunal's leave. Bring an authorisation letter signed by a director or the company secretary with the company chop, plus an updated Annual Return.

Effect of the decision

Estate Agents Authority s.49Once registered at the District Court, the determination becomes a judgment of the District Court. An appeal must be filed within 14 days (Cap. 511 s.50).
Small Claims TribunalAn award may be enforced in the District Court in the same manner as a judgment of that court (s.32) — but the Tribunal will not chase the losing party for you. In 2024 the average wait from filing to a first hearing was 41 days against a 60-day target; it was 35 days in 2023, so the wait got longer.

Before you commit

Estate Agents Authority s.49Before referringThe prescribed form and the licence; One letter, signed by both; A summary of the claim, the amount and the calculation
Small Claims TribunalBefore filingBoth parties' correct names and addresses; The agreement, the transaction, the demand and the calculation; Whether a joint s.49 referral letter exists

How interest counts towards the HK$75,000 ceiling is not answered by anything we retrieved, so this page does not guess. Cap. 338 s.33(3) confirms only that an award carries interest on the amount that remains unsatisfied, from the date of the award until satisfaction. The rate in s.33(4) was not retrieved, so no percentage is printed here.

One-way gate · take these in the wrong order and the Tribunal is closed

Once It Has Gone to the Authority and the Authority Has Not Declined, the Tribunal Cannot Take It

Where the same commission claim has been submitted to the jurisdiction of the Estate Agents Authority and the Authority has not declined jurisdiction under or pursuant to s.49, the Small Claims Tribunal has no jurisdiction to hear and determine it. The effect runs one way only: do not sign a joint referral letter first and assume you can switch back because the Tribunal is cheaper.

Source: Small Claims Tribunal Ordinance (Cap. 338), Schedule, paragraph 1, proviso (e). The proviso is limited by its own closing words to a claim submitted under or pursuant to s.49.

Until you have decided, do not sign any document saying both parties agree to refer this commission to the Estate Agents Authority for determination under s.49. An ordinary conduct complaint is a different process.

What Evidence Does a Commission Claim Need?

Both routes rest on the same core documents; the extra requirements are in the row-by-row comparison above.

  1. 01

    The prescribed form and the signed copy

    Form 3 or Form 4 with its schedules, the signature page, the Validity Period dates as filled in, the properties listed, the commission clause — plus when and how the copy was delivered.

  2. 02

    Transaction and introduction records

    The provisional sale and purchase agreement, the closing date, viewings, introductions, negotiation, and the record of which side actually closed the deal.

  3. 03

    The written demand and the reply

    State the form, the trigger paragraph, the amount, the dates and the request; keep the complete emails, messages, attachments and proof of delivery.

  4. 04

    The basis of the commission figure

    Work the figure through exactly as the signed agreement writes it — the amount or the method. No rate is set by law.

You Won and They Still Will Not Pay: the Tribunal Will Not Chase Them for You

s.32 allows an award to be enforced in the District Court in the same manner as a judgment of that court — but the winning party has to start it. In the Judiciary's own words, the Tribunal will not take the initiative to enforce the judgment for the winning party. The only enforcement route the Judiciary publishes for an unpaid Small Claims Tribunal money judgment is a Writ of Fieri Facias ("FiFa"): apply at the Tribunal Registry with a praecipe and the writ form, pay the filing fee, collect the signed writ, then deliver it to the Bailiff Office.

HK$55 is the fee for filing the writ of execution — it is not the cost of enforcing. On top of it you pay a deposit covering the Bailiff's expenses, in advance. The judgment debtor is given a grace period of 5 working days to settle; if they do not, the Bailiff may seize goods and sell them by public auction. The watchman's fee is HK$83 a day, and transportation, conveyance and overtime are charged at actual expenditure plus 20% administrative charges. There is no published total.

Enforcement is not the same as getting paid. No one can guarantee that an attempt at enforcement will succeed; the costs can be substantial and are paid up front; the Bailiff has no power to break into domestic premises; and if there are no or insufficient goods to justify a seizure, the Bailiff will not proceed. The Judiciary's own advice at that point is to seek legal advice and consider other alternatives. No other enforcement method is published for the Tribunal, so this page does not list one.

Read the Judiciary's "How to enforce a judgment" pamphlet

Before You Move, Do It in This Order

  1. 01Get back the prescribed form, the copy, and the agent's licence details.
  2. 02Check the clauses one by one against the Validity Period, the property and how the deal closed.
  3. 03Work out the principal. Do not sign a joint s.49 referral letter before you have chosen a route.
  4. 04Put the documents in date order. A claim founded on simple contract runs for 6 years from the date the cause of action accrued — Limitation Ordinance (Cap. 347), s.4(1)(a).
See Small Claims Tribunal filing support →

The two forms need re-checking:Can the agent claim, or does the client owe? Go back to the forms

Whether residential estate agent commission is recoverable is decided by the document you signed and the facts. Sections 45 to 48 and the prescribed-form requirement do not carry over to shops, offices, industrial units or car parking spaces.

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Honest Limits & FAQ

Data verified:

Statutory Disclosure

Under the Legal Practitioners Ordinance (Cap. 159), we are not a law firm and do not provide legal advice or lawyer representation. Our work is limited to filing support, form assistance, evidence organisation, procedural information and hearing preparation. Where a complex clause, a limitation start date, non-residential property or an appeal has to be assessed, consult a qualified professional.

In one private sale, the vendor's Form 3 and the purchaser's viewing form (Form 4) can produce exactly opposite answers. Section 45, the Validity Period, the trigger clause and the order of the two routes all have to be tied back to documents. We help organise that — we do not promise that an agent will be paid, that a client will not have to pay, or that a judgment will actually be collected.

EasyDebt is a filing support consultant, not a law firm, and does not provide legal advice. All content is for general reference only.

Is the viewing form always valid for 3 months?
No. Read the commencement and expiry dates written into clause 1 of your own Form 4. "Not more than 3 months" is a recommendation printed on the form — not a legal limit, and not a default. Check the Validity Period。
Is there a legal percentage for estate agent commission in Hong Kong?
No. The Estate Agents Authority states that the Estate Agents Ordinance and its subsidiary legislation contain no stipulation on the amount or rate of commission — it is negotiated between the estate agent and the client. In a dual agency, the agent must disclose in writing the commission to be received from the other side.
Can a commission dispute over a rental be taken to the Tribunal too?
A residential letting uses Form 5 for the landlord or Form 6 for the tenant, and is bound by the same s.45(1) prescribed-form gate. There is no legal commission rate for a letting either, and a monetary claim founded in contract of not more than HK$75,000 can fall within the Small Claims Tribunal. But we have not verified the clause-by-clause wording of Forms 5 and 6 — the version you signed governs.
I sold privately as the owner. Does that always mean no commission?
The standard Form 3 generally requires a sale through the Agent, and an exclusive agency also captures a sale through another estate agent. You still have to check it against the Validity Period, how the deal actually closed, and the form you signed. See the Form 3 conclusion。
Does complaining to the Estate Agents Authority stop me using the Tribunal?
An ordinary conduct complaint does not start a s.49 referral — that needs a letter signed by both parties plus both HK$500 fees. What can close the Tribunal door is exactly that joint referral of the commission itself. If you have signed anything like it, say so before you file. See the one-way gate。
Can a limited company use the Small Claims Tribunal?
Yes. Section 19(1)(b) of Cap. 338 gives an officer or servant of a corporation a right of audience where the corporation is a party, and that route does not require the Tribunal's leave. Bring an authorisation letter signed by a director or the company secretary with the company chop, and an updated Annual Return.
If the Tribunal decides in my favour, will it collect the money for me?
No. The winning party has to apply for enforcement separately. HK$55 only files the writ of execution; the Bailiff's deposit and expenses are on top, and no one can guarantee that enforcement succeeds. See Small Claims Tribunal filing support。
What can you actually do for an agent or a client?

Here's what we can actually help with:

  • ✓Check the prescribed form, the delivery of the copy, the licence, the Validity Period and the commission trigger wording, for residential estate agency work.
  • ✓Help an agent or a client organise the transaction, the introductions, the demand, the replies and the commission calculation into a clear document index.
  • ✓Compare the published ceilings, costs, consent requirements and ordering risk of a s.49 determination against the Small Claims Tribunal.
  • ✓Help prepare the claim material, the procedural information and the order of what you say before the hearing.
What legal judgments and outcomes will you not promise?

Here's what we won't do:

  • —We do not give legal advice, and we do not decide for you whether a particular clause bites, when a cause of action accrued, or what commission is ultimately payable.
  • —We do not set a commission rate. No amount or percentage is fixed by law — the signed agreement has to be read.
  • —We do not appear as your lawyer, and we do not promise a determination, a win, a refund or actual payment.
  • —We do not extend the residential Form 3 / Form 4 rules to shops, offices, industrial units or car parking spaces.
Sources & Verification Dates (18 items)

Estate Agents Ordinance (Cap. 511) · Hong Kong e-Legislation
Verified 2026-08-04

Small Claims Tribunal Ordinance (Cap. 338) · Hong Kong e-Legislation
Verified 2026-08-04

Small Claims Tribunal (Fees) Rules (Cap. 338B) · Hong Kong e-Legislation
Verified 2026-08-04

Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation (Cap. 511C) · Hong Kong e-Legislation
Verified 2026-08-04

Estate Agents Authority · Prescribed forms
Verified 2026-08-04

Estate Agents Authority · Determination of commission disputes
Verified 2026-08-04

Estate Agents Authority · FAQs about Practices
Verified 2026-08-04

Estate agency agreement (Form 3 · vendor)
Verified 2026-08-04

Estate agency agreement (Form 4 · purchaser / the viewing form)
Verified 2026-08-04

Judiciary · Small Claims Tribunal guide and pamphlets
Verified 2026-08-04

Estate Agents Authority · Steps of complaint investigation
Verified 2026-08-04

Estate Agents (Determination of Commission Disputes) Regulation (Cap. 511D) · Hong Kong e-Legislation
Verified 2026-08-04

Judiciary Annual Report 2024 · Small Claims Tribunal caseload and waiting time
Verified 2026-08-04

Limitation Ordinance (Cap. 347) · Hong Kong e-Legislation
Verified 2026-08-04

Estate Agents Authority (Chinese page) · 裁定佣金爭議的機制
Verified 2026-08-04

Judiciary · Small Claims Tribunal Pamphlet 8, How to enforce a judgment
Verified 2026-08-04

Judiciary · Small Claims Tribunal Pamphlet 4, General points to note
Verified 2026-08-04

Judiciary · Small Claims Tribunal level of fees
Verified 2026-08-04

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Our Mission

Equal access to legal remedies for everyone.

Legal recourse shouldn't only be available to those who can afford lawyers. The Small Claims Tribunal was designed for ordinary people — our job is to help you use it effectively.

Knowledge Base

Further Reading: Commission Disputes

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Tribunal Process7 min

Small Claims Tribunal Fees in Hong Kong

EasyDebt breaks down the Hong Kong Judiciary's October 2024 Small Claims Tribunal fee schedule: filing fees are tiered from HK$20 to HK$120 by claim amount, plus review and writ of execution fees, with a cost framework for deciding whether pursuing a claim is worthwhile. For general reference only — not legal advice.

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Demand Letter Template for Hong Kong Debts

EasyDebt breaks down the demand letter based on the Hong Kong Judiciary and the Small Claims Tribunal Ordinance: what to include, how to get the tone right, how to send it, and what to do next if the other side ignores it and you need to file at the Small Claims Tribunal. General procedural information only, not legal advice.

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Preparing Evidence for the Small Claims Tribunal

EasyDebt breaks this down using the Hong Kong Judiciary's official leaflets, including 'Documents Required in Small Claims Cases': how to prepare photos, messages, receipts, and witness statements before filing at the Small Claims Tribunal, with practical notes on document pagination and the email submission restriction. General procedural information only, not legal advice.

Paper-craft lion bent over a desk carefully filling in a Small Claims Tribunal claim form, pen in hand, with a blank form on the desk
Tribunal Process10 min

How to Write a Small Claims Tribunal Claim Form: Full Example, Form 1 & 2 Guide, and 5 Common Mistakes

EasyDebt breaks this down using the Hong Kong Judiciary and the Small Claims Tribunal Ordinance: the claim form is really two documents, Form 1 and Form 2. This guide gives a full worked example of the grounds of claim, the correct way to submit, and the 5 most common mistakes — so you get it right the first time.

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Read the Right Form First, Then Pick the Right Route

A free review of whatever commission paperwork you are holding — agent or client. We check s.45, the Validity Period, the amount and the s.49 ordering risk. Decide after we have talked it through.

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