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Leasing Agency Agreement for the United States

Leasing Agency Agreement Template for United States

A Leasing Agency Agreement is a legally binding contract used in the United States that establishes the relationship between a property owner and a professional leasing agency. The agreement outlines the agency's authority to market, show, and secure tenants for the property, along with defining compensation structures, responsibilities, and service standards. It incorporates federal and state-specific real estate regulations, including Fair Housing Act compliance and state licensing requirements.

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What is a Leasing Agency Agreement?

The Leasing Agency Agreement serves as the foundational document governing the professional relationship between property owners and leasing agencies in the United States. This contract type is essential when property owners seek professional assistance in marketing and leasing their properties. The agreement typically includes specific provisions for marketing strategies, tenant screening processes, commission structures, and service level expectations. It ensures compliance with federal regulations such as the Fair Housing Act and state-specific real estate laws while protecting both parties' interests through clearly defined roles and responsibilities.

What sections should be included in a Leasing Agency Agreement?

1. Parties: Identification of the property owner and leasing agency

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement including relevant legislative references

4. Appointment and Authority: Scope of agency's authority and responsibilities in accordance with relevant state licensing laws

5. Term: Duration of the agreement including renewal provisions

6. Compensation: Fee structure and payment terms including commission rates and special fees

7. Duties and Obligations: Specific responsibilities of both parties including compliance with Fair Housing Act and other regulations

8. Compliance: Specific provisions ensuring compliance with federal and state laws including Fair Housing Act and ADA

9. Termination: Conditions and procedures for ending the agreement

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

1. Marketing Services: Detailed marketing responsibilities and strategies, including compliance with fair advertising practices

2. Property Management Services: Additional property management responsibilities when agency will also manage the property

3. Insurance Requirements: Specific insurance obligations and minimum coverage requirements

4. Tenant Screening Procedures: Detailed procedures for tenant screening in compliance with FCRA and fair housing laws

What schedules should be included in a Leasing Agency Agreement?

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

2. Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

3. Service Level Agreement: Specific performance metrics and standards for the agency

4. Marketing Plan: Detailed marketing strategy and requirements including advertising guidelines

5. Compliance Checklist: Checklist of all relevant legal and regulatory 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 (FHA): Federal law prohibiting discrimination in housing transactions based on protected characteristics and requiring equal treatment in showing, leasing, and managing properties

Americans with Disabilities Act (ADA): Federal legislation requiring property accessibility and reasonable accommodations for disabled individuals in real estate transactions

Fair Credit Reporting Act (FCRA): Federal law governing tenant screening procedures and credit check requirements in real estate transactions

Real Estate Settlement Procedures Act (RESPA): Federal regulation covering disclosure requirements and fee structures, prohibiting kickbacks in real estate transactions

State Real Estate Licensing Laws: State-specific regulations governing agent licensing requirements, agency relationship definitions, and disclosure obligations

State Property Management Laws: State-level regulations covering property maintenance standards, security deposit handling, and tenant rights

State Consumer Protection Laws: State legislation governing marketing practices, fee disclosures, and contract requirements in real estate transactions

NAR Code of Ethics: Professional conduct requirements and standard practices established by the National Association of REALTORSยฎ

State Real Estate Commission Rules: State-specific regulations governing agency relationships, documentation requirements, and trust account handling 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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