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Non Exclusive Broker Agreement Generator for the USA

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Key Requirements PROMPT example:

Non Exclusive Broker Agreement

"Need a Non Exclusive Broker Agreement for my commercial property in Miami, allowing multiple brokers to market the property internationally, with a minimum listing price of $5M and commission rate of 2.5%, starting March 1, 2025."

Document background

The Non-Exclusive Broker Agreement serves as a flexible arrangement in the U.S. real estate market, providing property owners with the freedom to engage multiple brokers while maintaining clear terms of engagement. This document is particularly useful when sellers wish to maximize market exposure through multiple channels or when testing different brokers' capabilities. The agreement typically includes commission structures, service scope, marketing commitments, and termination conditions, while complying with federal regulations such as RESPA and state-specific real estate laws.

Suggested Sections

1. Parties: Identification of broker and property owner/client

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including broker services, property, commission, and other relevant terminology

4. Scope of Services: Detailed description of broker's services and responsibilities including marketing, showing property, negotiations

5. Term and Termination: Duration of agreement and conditions for termination by either party

6. Compensation: Commission structure, payment terms, and conditions for commission earning

7. Representations and Warranties: Statements of fact and promises made by both parties regarding authority, compliance with laws

8. Governing Law: Specification of applicable state law and jurisdiction

Optional Sections

1. Marketing Plan: Detailed marketing strategies and commitments for property promotion

2. Property Management Services: Additional property management responsibilities if broker will provide such services

3. International Marketing: Specific provisions for marketing property to international buyers

4. Dispute Resolution: Optional mediation or arbitration procedures for resolving disputes

Suggested Schedules

1. Schedule A - Property Details: Detailed description of property(ies) covered by the agreement including address and specifications

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment terms

3. Schedule C - Marketing Materials: Approved marketing materials and guidelines for property promotion

4. Appendix A - Required Disclosures: State-mandated disclosures and forms required by law

Authors

Alex Denne

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

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Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and disclosures

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Sherman Antitrust Act: Federal law ensuring fair competition and prohibiting anticompetitive practices in real estate brokerage

Truth in Lending Act: Federal regulation requiring disclosure of credit terms and financing information in real estate transactions

AML Regulations: Anti-Money Laundering regulations requiring brokers to verify client identity and report suspicious transactions

State Licensing Requirements: State-specific regulations governing real estate broker licensing and ongoing compliance

State Broker Regulations: State-level rules governing broker conduct, responsibilities, and operational requirements

State Real Estate Commission Rules: Specific guidelines and requirements set by state real estate commissions for broker operations

State Contract Laws: State-specific laws governing the formation and enforcement of real estate contracts

State Disclosure Requirements: Mandatory disclosures required by state law in real estate transactions

NAR Code of Ethics: Professional standards set by the National Association of REALTORSยฎ for member conduct

FTC Regulations: Federal Trade Commission rules protecting consumers in real estate transactions

State Consumer Protection Acts: State-specific laws designed to protect consumers in real estate transactions

Privacy Laws: Federal and state regulations governing the handling and protection of client data

Agency Law: Laws governing the fiduciary relationship between brokers and clients, including duties and obligations

Commission Regulations: State laws governing commission structures, splitting arrangements, and related disclosures

Documentation Requirements: State-mandated requirements for maintaining records and transaction documentation

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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