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Broker And Agent Agreement for the United States

Broker And Agent Agreement Template for United States

A Broker and Agent Agreement is a legally binding contract used in the United States that establishes the relationship between a licensed broker and their appointed agent. It outlines the scope of authority, compensation structure, duties, obligations, and compliance requirements in accordance with federal and state regulations. The agreement typically includes specific provisions for licensing requirements, territory assignments, commission structures, and regulatory compliance specific to the industry sector.

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What is a Broker And Agent Agreement?

The Broker and Agent Agreement serves as the foundational document governing the professional relationship between brokers and their agents in various regulated industries across the United States. This agreement is essential for compliance with federal and state licensing requirements, particularly in sectors such as real estate, insurance, and securities trading. The agreement defines the agent's authority to act on behalf of the broker, establishes commission structures, outlines compliance requirements, and sets operational parameters. It helps protect both parties' interests while ensuring adherence to industry regulations and professional standards.

What sections should be included in a Broker And Agent Agreement?

1. Parties: Identifies and defines the broker and agent, including their legal names, addresses, and licensing information

2. Background: Establishes the context of the agreement, including the nature of the business relationship and general purpose

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Defines the agent's role, territory, and authorized activities

5. Duties and Responsibilities: Details specific obligations of both broker and agent

6. Compensation: Outlines commission structure, payment terms, and conditions

7. Term and Termination: Specifies duration of agreement and termination conditions

8. Compliance: Requirements for regulatory compliance and licensing

What sections are optional to include in a Broker And Agent Agreement?

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

2. Intellectual Property: Protection of trademarks, systems, and proprietary information owned by the broker

3. Training and Support: Details of training programs, resources, and support services provided by broker

4. Insurance Requirements: Specific insurance coverage requirements and minimum coverage amounts

What schedules should be included in a Broker And Agent Agreement?

1. Commission Schedule: Detailed breakdown of commission rates, calculations, and payment terms

2. Territory Map: Geographic definition and maps of agent's authorized territory

3. Required Forms: Standard forms and documentation required for transactions

4. Compliance Checklist: Comprehensive list of regulatory requirements and compliance procedures

5. Training Manual: Documentation of required procedures, best practices, and operational guidelines

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

Securities Exchange Act 1934: Federal law governing securities trading and broker-dealer relationships, establishing registration and conduct requirements for securities brokers

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and required disclosures in residential real estate settlements

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

CFPB Regulations: Consumer Financial Protection Bureau regulations protecting consumers in financial transactions and services, including broker-related activities

AML Regulations: Anti-Money Laundering regulations requiring brokers to implement programs to detect and prevent money laundering activities

State Real Estate Commission Rules: State-specific regulations governing real estate broker and agent conduct, licensing, and professional responsibilities

State Insurance Commission Rules: State-specific regulations governing insurance broker and agent conduct, licensing requirements, and professional responsibilities

FINRA Rules: Financial Industry Regulatory Authority rules governing securities brokers' conduct, registration, and compliance requirements

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

Independent Contractor Laws: Federal and state laws governing the classification and treatment of independent contractors versus employees

Commission Structure Regulations: State and federal regulations governing payment of commissions, disclosure requirements, and fee structures

Non-Compete Laws: State-specific laws governing the enforceability and limitations of non-compete and non-solicitation provisions

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

State Privacy Laws: State-specific regulations governing the collection, use, and protection of personal and financial information

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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