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Agreement Between Real Estate Agent And Seller for the United States

Agreement Between Real Estate Agent And Seller Template for United States

A legally binding contract under U.S. law that establishes the professional relationship between a property seller and a real estate agent or brokerage. The agreement outlines the terms and conditions of the property listing, including the agent's authority to market and sell the property, commission structure, duration of the listing, and the respective obligations of both parties. It incorporates state-specific real estate regulations and required disclosures.

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What is a Agreement Between Real Estate Agent And Seller?

The Agreement Between Real Estate Agent And Seller is a fundamental document in U.S. real estate transactions, commonly used when property owners wish to engage professional representation for selling their property. This agreement, also known as a Listing Agreement, is required by law in most states before an agent can formally market a property. It defines the scope of the agent's authority, commission structure, listing duration, and marketing strategies. The document must comply with federal regulations such as RESPA and the Fair Housing Act, as well as state-specific real estate laws and licensing requirements.

What sections should be included in a Agreement Between Real Estate Agent And Seller?

1. Parties: Identification of the seller and the real estate agent/brokerage

2. Background: Brief context about the property sale and engagement of agent

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Grant of authority to agent to sell property and represent seller

5. Term of Agreement: Duration of the listing agreement including start and end dates

6. Listing Price: Agreed listing price and pricing strategy

7. Commission: Commission rate and payment terms

8. Agent's Obligations: Duties and responsibilities of the real estate agent

9. Seller's Obligations: Duties and responsibilities of the seller

10. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Agreement Between Real Estate Agent And Seller?

1. Dual Agency: Terms and conditions for situations where the agent represents both buyer and seller

2. Marketing Budget: Specific marketing commitments and cost sharing arrangements between parties

3. Virtual Tours/Photography: Terms regarding virtual showings and professional photography services

4. Protection Period: Terms regarding post-termination period where commission may still be due

What schedules should be included in a Agreement Between Real Estate Agent And Seller?

1. Property Description Schedule: Detailed description of the property being listed

2. Marketing Plan: Detailed marketing strategy and timeline

3. Property Disclosure Statement: Seller's disclosure of property condition and known issues

4. Agency Disclosure Form: State-required agency relationship disclosure

5. Commission Schedule: Detailed breakdown of commission structure and scenarios

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

Broker Agreement

Cost

Free to use
Clauses






























Industries

RESPA: Real Estate Settlement Procedures Act - Federal law that requires disclosure of real estate settlement processes and prohibits kickbacks and referral fees

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

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

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

Federal Antitrust Laws: Laws preventing anti-competitive practices, price fixing, and market allocation in real estate services

State Real Estate Licensing Laws: State-specific regulations governing real estate agent licensing, requirements, and professional conduct

State Agency Disclosure Requirements: State laws requiring disclosure of agency relationships between real estate professionals and their clients

State Real Estate Commission Regulations: Rules set by state real estate commissions governing commission rates, structures, and payment terms

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

State Consumer Protection Laws: State laws protecting consumers from unfair practices in real estate transactions

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORSยฎ for its members

MLS Rules: Multiple Listing Service regulations governing property listings, marketing, and cooperation between agents

Property Condition Disclosure: Requirements for disclosing known property defects, issues, and material facts to potential buyers

Agency Relationship Disclosure: Requirements for disclosing and explaining the nature of the agency relationship between agent and seller

Commission Structure Disclosure: Requirements for clearly stating and explaining all commission rates, terms, and conditions

Dual Agency Disclosure: Requirements for disclosing and obtaining consent when an agent represents both buyer and seller in a transaction

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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