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Real Estate Agent Contract Template for United States

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Key Requirements PROMPT example:

Real Estate Agent Contract

"I need a Real Estate Agent Contract for my boutique brokerage firm in California, focusing on luxury residential properties and including specific provisions for social media marketing requirements and commission structures for properties over $5 million."

Document background

The Real Estate Agent Contract serves as the foundational document governing the relationship between real estate brokers and their agents in the United States. This contract is essential for establishing clear expectations, responsibilities, and compensation structures while ensuring compliance with state and federal regulations. It typically includes provisions for commission splits, marketing responsibilities, training requirements, and compliance with real estate laws. The document is particularly important as real estate agents typically work as independent contractors rather than employees, requiring careful definition of roles and responsibilities.

Suggested Sections

1. Parties: Identifies the broker/agency and the agent, including license numbers and contact details

2. Background: Context of the agreement and agent's qualifications, including licensing status

3. Definitions: Key terms used throughout the agreement including commission, territory, and property types

4. Scope of Services: Detailed description of services the agent will provide, including duties and responsibilities

5. Commission Structure: Payment terms, commission splits, and conditions for payment

6. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party

7. Compliance Requirements: Legal and regulatory obligations, including fair housing laws and professional standards

8. Representations and Warranties: Statements confirming qualifications, licensing, and legal ability to perform services

Optional Sections

1. Non-Compete Clause: Restrictions on competition post-termination, including geographic and temporal limitations

2. Marketing Support: Details of brokerage's marketing assistance provisions and cost sharing arrangements

3. Training Requirements: Mandatory training, development programs, and continuing education requirements

4. Insurance Requirements: Specifications for required insurance coverage and minimum limits

5. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions

Suggested Schedules

1. Schedule A - Commission Schedule: Detailed breakdown of commission structures, splits, and bonus arrangements

2. Schedule B - Office Policies: Brokerage's standard operating procedures and compliance requirements

3. Schedule C - Required Forms: State-mandated forms and disclosures that must be used in transactions

4. Schedule D - Technology Agreement: Terms for using brokerage's technology platforms and systems

5. Schedule E - Territory Definition: Specification of geographic area or market segment covered by the agreement

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

Clauses































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 race, color, religion, sex, national origin, disability, and familial status

Americans with Disabilities Act: Federal law ensuring equal access and preventing discrimination against individuals with disabilities in real estate transactions

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including real estate financing

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

Civil Rights Act Title VIII: Federal law addressing housing discrimination and ensuring equal housing opportunities

State Real Estate Commission Regulations: State-specific rules governing real estate practice, licensing, and professional conduct

State Licensing Requirements: Specific state mandates for obtaining and maintaining real estate licenses

State Disclosure Requirements: State-specific rules about what information must be disclosed in real estate transactions

State Agency Relationship Laws: Laws governing the relationship between real estate agents and their clients in specific states

NAR Code of Ethics: Professional standards and ethical guidelines established by the National Association of REALTORSยฎ

IRS Independent Contractor Guidelines: Federal tax regulations defining and governing independent contractor relationships in real estate

State Labor Laws: State-specific regulations governing employment relationships and worker rights

Statute of Frauds: Legal requirement that certain contracts, including real estate agreements, must be in writing to be enforceable

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

ESIGN Act: Federal law ensuring the legal validity of electronic signatures and records in real estate 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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