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Broker Agreement for the United Kingdom

Broker Agreement Template for United States

A Broker Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a broker and their principal. This document outlines the scope of services, compensation structure, responsibilities, and obligations of both parties. It typically includes specific provisions required by federal and state laws, including relevant licensing requirements, compliance obligations, and regulatory frameworks. The agreement can be customized based on the specific type of brokerage services being provided, whether in real estate, securities, insurance, or other regulated industries.

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What is a Broker Agreement?

The Broker Agreement serves as a fundamental document in various industries where intermediary services are required. This contract type is essential for establishing clear parameters of the broker-principal relationship, ensuring compliance with U.S. federal and state regulations, and protecting both parties' interests. The agreement typically addresses key aspects such as scope of authority, compensation structure, term of engagement, and specific obligations of both parties. It's particularly important in regulated industries where specific legal requirements must be met, such as securities trading (SEC regulations), real estate (state-specific real estate laws), or insurance (state insurance regulations). The Broker Agreement helps prevent misunderstandings and provides a clear framework for dispute resolution while ensuring compliance with industry-specific requirements and professional standards.

What sections should be included in a Broker Agreement?

1. Parties: Identification and details of the broker and principal

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of broker's services and obligations

5. Compensation: Fee structure, commission rates, and payment terms

6. Term and Termination: Duration and conditions for ending the agreement

7. Representations and Warranties: Statements of fact and guarantees by both parties

8. Confidentiality: Protection of confidential information and trade secrets

9. Compliance with Laws: Obligation to comply with applicable laws and regulations

10. Indemnification: Terms for mutual protection against claims and losses

11. General Provisions: Standard legal provisions including notices, amendments, and governing law

What sections are optional to include in a Broker Agreement?

1. Exclusivity: Terms defining exclusive rights of the broker to represent the principal in specified transactions or territory

2. Territory: Geographic scope of broker's authority and operational boundaries

3. Performance Metrics: Specific targets, KPIs, and performance measurement criteria

4. Insurance Requirements: Specific insurance coverage requirements for the broker

5. Non-Compete: Restrictions on competitive activities during and after the agreement

What schedules should be included in a Broker Agreement?

1. Commission Schedule: Detailed breakdown of commission structures and calculation methods

2. Service Territory Map: Visual representation of authorized territory and geographical boundaries

3. Required Licenses: List of mandatory licenses, certifications, and qualifications

4. Standard Operating Procedures: Detailed procedures and protocols for specific services

5. Compliance Requirements: Specific regulatory and compliance obligations applicable to the services

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses




















Industries

Securities Exchange Act 1934: Federal law governing securities trading and broker-dealer registration, establishing SEC oversight and regulating securities markets

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and associated broker services

Dodd-Frank Act: Comprehensive financial reform legislation affecting broker conduct, disclosure requirements, and consumer protection

FLSA: Fair Labor Standards Act - Federal law establishing wage, overtime, and employment standards affecting broker compensation

Internal Revenue Code: Federal tax regulations affecting broker compensation, commission reporting, and tax obligations

State Licensing Requirements: Various state-specific regulations governing broker licensing, registration, and ongoing compliance obligations

State Securities Regulations: State-level rules governing securities trading and broker-dealer operations within specific jurisdictions

State Contract Laws: State-specific contract formation and enforcement rules affecting broker agreements

SEC Regulations: Federal securities regulatory framework establishing broker-dealer conduct, reporting, and compliance requirements

FINRA Rules: Self-regulatory organization rules governing broker-dealer conduct, dispute resolution, and industry standards

CFTC Regulations: Federal regulations governing commodity futures trading and associated broker activities

Statute of Frauds: Common law requirement that certain contracts, including broker agreements, must be in writing to be enforceable

UCC: Uniform Commercial Code - Standardized commercial laws adopted by states affecting certain broker transactions

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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