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Exclusive Leasing Agency Agreement for the United States

Exclusive Leasing Agency Agreement Template for United States

An Exclusive Leasing Agency Agreement is a legally binding contract used in the United States that establishes a sole agency relationship between a property owner and a real estate agency for leasing purposes. The agreement grants exclusive rights to the agency to market, show, and secure tenants for the specified property. It outlines commission structures, responsibilities, marketing strategies, and the duration of the exclusive relationship, while ensuring compliance with federal and state real estate regulations.

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What is a Exclusive Leasing Agency Agreement?

The Exclusive Leasing Agency Agreement is a crucial document in U.S. real estate operations, used when property owners want to delegate leasing responsibilities to a single professional agency. This agreement type is particularly valuable for owners seeking consistent property representation and streamlined leasing operations. The document typically includes detailed terms about marketing obligations, commission structures, service levels, and exclusivity periods. It's designed to protect both parties' interests while ensuring compliance with federal and state real estate laws. Property owners often choose this arrangement to benefit from dedicated service and market expertise, while agencies gain assured business volume and marketing investment protection.

What sections should be included in a Exclusive Leasing Agency Agreement?

1. Parties: Identifies the property owner and the leasing agency

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Terms of exclusive appointment and services to be provided

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation: Commission structure and payment terms

7. Obligations of the Parties: Responsibilities of both owner and agency

What sections are optional to include in a Exclusive Leasing Agency Agreement?

1. Marketing Budget: Details of marketing expenditure and cost allocation - used when marketing costs are shared or significant

2. Performance Standards: Specific metrics and targets for the agency - used for larger properties or portfolio management

3. Competing Properties: Restrictions on handling competing properties - used in competitive markets or with unique properties

What schedules should be included in a Exclusive Leasing Agency Agreement?

1. Property Schedule: Detailed description of property/properties covered

2. Fee Schedule: Detailed breakdown of commission structure and fees

3. Marketing Plan: Detailed marketing strategy and timeline

4. Service Level Agreement: Specific performance metrics and reporting requirements

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

Agency Agreement

Cost

Free to use
Clauses




















Industries

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

Americans with Disabilities Act: Federal law requiring reasonable accommodations and accessibility considerations in real estate transactions

Equal Credit Opportunity Act: Federal law ensuring equal access to credit and preventing discrimination in credit transactions related to real estate

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

Real Estate Settlement Procedures Act: Federal law requiring disclosure of real estate settlement processes and prohibiting kickbacks and referral fees

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

State Agency Disclosure Requirements: State-specific rules requiring disclosure of agency relationships between brokers, agents, and clients

State Property Laws: State-specific regulations governing property rights, transactions, and landlord-tenant relationships

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

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

State Real Estate Commission Rules: Regulatory requirements established by state real estate commissions governing agent conduct and transactions

Consumer Protection Laws: State and federal statutes designed to protect consumers in real estate transactions from unfair practices and fraud

Data Privacy Laws: State and federal regulations governing the collection, storage, and protection of client personal information 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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