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Exclusive Tenant Brokerage Agreement for the United States

Exclusive Tenant Brokerage Agreement Template for United States

An Exclusive Tenant Brokerage Agreement is a legally binding contract used in the United States real estate market that establishes an exclusive relationship between a tenant and a real estate broker. The agreement grants the broker sole rights to represent the tenant in finding and securing suitable commercial property for lease, outlining the scope of services, compensation structure, and duration of the exclusive representation period.

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What is a Exclusive Tenant Brokerage Agreement?

The Exclusive Tenant Brokerage Agreement serves as a foundational document in commercial real estate transactions across the United States. This agreement is typically employed when a business or individual seeks professional representation in their search for commercial space to lease. The document establishes the broker as the tenant's exclusive representative, outlining the broker's obligations to identify suitable properties, negotiate terms, and represent the tenant's interests throughout the leasing process. The agreement also defines the compensation structure, typically paid through landlord commissions, and protects the broker's interests by ensuring exclusive rights to represent the tenant for a specified period.

What sections should be included in a Exclusive Tenant Brokerage Agreement?

1. Parties: Identifies the broker and tenant, including full legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific services the broker will provide

5. Exclusivity: Terms of exclusive representation

6. Commission Structure: Details of broker compensation

7. Term and Termination: Duration of agreement and termination provisions

What sections are optional to include in a Exclusive Tenant Brokerage Agreement?

1. Dual Agency Provisions: Required if dual agency is permitted in the jurisdiction and broker may represent both tenant and landlord

2. Protected Properties: List of properties subject to commission, used when specific properties have been shown or discussed

3. Additional Services: Optional services beyond standard scope, included when offering enhanced service packages

What schedules should be included in a Exclusive Tenant Brokerage Agreement?

1. Schedule A - Property Requirements: Detailed specifications of tenant's property requirements

2. Schedule B - Fee Schedule: Detailed breakdown of fees and commission structures

3. Schedule C - Protected Properties List: List of properties subject to commission after agreement termination

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 settlement processes

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

ADA: Americans with Disabilities Act - Federal law ensuring accessibility and preventing discrimination against individuals with disabilities

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

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

State Real Estate Licensing Laws: State-specific regulations governing the licensing and conduct of real estate professionals

State Brokerage Regulations: State-level rules governing brokerage operations, responsibilities, and compliance requirements

State Disclosure Requirements: State-mandated disclosures that must be provided in real estate transactions

State Consumer Protection Laws: State laws designed to protect consumers in real estate transactions from unfair or deceptive practices

State Agency Relationship Laws: Laws defining and governing the relationships between brokers, agents, and their clients

Statute of Frauds: State law requiring certain contracts, including real estate agreements, to be in writing to be enforceable

Contract Formation Rules: State-specific requirements for valid contract creation and enforcement

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

Real Estate Commission Rules: State-specific regulations governing commission structures and fee arrangements in real estate transactions

Local Board Requirements: Rules and regulations set by local real estate boards governing member conduct and 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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