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Broker Fee Split Agreement for the United States

Broker Fee Split Agreement Template for United States

A Broker Fee Split Agreement is a legally binding contract used in the United States real estate industry that establishes the terms and conditions for sharing commission earnings between a brokerage firm and its agents or associate brokers. This document outlines the specific commission split ratios, payment terms, obligations of both parties, and conditions for termination. It ensures compliance with state and federal real estate regulations while providing clarity on the financial relationship between the parties.

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What is a Broker Fee Split Agreement?

The Broker Fee Split Agreement serves as a foundational document in the U.S. real estate industry, establishing the financial relationship between brokerages and their agents. This agreement becomes necessary when a licensed real estate professional joins a brokerage firm or when existing arrangements need modification. The document typically includes commission split percentages, payment schedules, expense allocations, and performance expectations. It ensures compliance with state-specific real estate laws and federal regulations while protecting both parties' interests. The agreement may vary by state due to different regulatory requirements and market conditions.

What sections should be included in a Broker Fee Split Agreement?

1. Parties: Identification of the broker and agent/associate broker

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

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

4. Commission Split Structure: Detailed breakdown of how commissions will be divided between broker and agent

5. Payment Terms: Timing and method of commission payments, including processing and distribution

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

7. Obligations and Responsibilities: Duties of both broker and agent, including compliance requirements

What sections are optional to include in a Broker Fee Split Agreement?

1. Training and Support: Details of broker-provided training and support services, including mentorship programs

2. Marketing Contribution: Terms for sharing marketing costs and advertising responsibilities

3. Technology Services: Provisions for technology tools and platforms provided by the broker

4. Non-Compete Clause: Restrictions on competition and solicitation during and after the agreement

What schedules should be included in a Broker Fee Split Agreement?

1. Commission Schedule: Detailed breakdown of commission splits for different transaction types and values

2. Office Policy Manual: Reference to brokerage policies and procedures that form part of the agreement

3. Technology Agreement: Terms of use for brokerage technology platforms and systems

4. Service Area Map: Definition of geographic territory and any territorial restrictions

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 governing real estate transactions and prohibiting kickbacks or referral fees that could increase the cost of settlement services

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

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

Equal Credit Opportunity Act: Federal regulation prohibiting credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or public assistance program participation

State Real Estate Commission Regulations: State-specific rules governing real estate transactions, licensing requirements, and professional conduct of real estate brokers and agents

IRS Independent Contractor Guidelines: Federal tax guidelines determining the classification of workers as independent contractors vs. employees, affecting tax obligations and business relationships

Agency Law Requirements: State-specific laws governing the relationship between brokers, agents, and clients, including fiduciary duties and disclosure obligations

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORSยฎ for member conduct

State Business Organization Laws: State-specific regulations governing the formation and operation of business entities, including corporations, LLCs, and partnerships

State Contract Law: State-specific requirements for contract formation, enforcement, and compliance with the Statute of Frauds for 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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