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Property Broker Agreement for the United States

Property Broker Agreement Template for United States

A Property Broker Agreement is a legally binding contract used in the United States that establishes the professional relationship between a licensed real estate broker and a property owner. The agreement outlines the broker's responsibilities, commission structure, term of service, and specific conditions under which the broker will market and facilitate the sale or lease of the property. It complies with federal regulations such as RESPA and state-specific real estate laws.

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What is a Property Broker Agreement?

The Property Broker Agreement serves as the foundational document governing the relationship between real estate professionals and property owners in the United States. This agreement is essential when property owners seek professional assistance in selling, leasing, or managing their properties. It defines the scope of services, compensation terms, and legal obligations while ensuring compliance with federal and state real estate regulations. The document typically includes detailed marketing commitments, property specifications, commission structures, and term conditions.

What sections should be included in a Property Broker Agreement?

1. Parties: Identification of the broker and property owner/client

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of broker's services and responsibilities

5. Commission Structure: Terms of payment and commission rates

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

7. Representations and Warranties: Statements of fact by both parties

8. Governing Law: Applicable jurisdiction and choice of law

What sections are optional to include in a Property Broker Agreement?

1. Marketing Plan: Specific marketing strategies and commitments for exclusive listing agreements

2. Property Management Services: Additional property management responsibilities when broker provides such services

3. International Marketing: Provisions for international marketing efforts for luxury or high-end properties

What schedules should be included in a Property Broker Agreement?

1. Schedule A - Property Details: Detailed description of property(ies) covered by agreement

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and scenarios

3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline

4. Appendix 1 - Required Disclosures: State-mandated broker disclosures and forms

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, including disclosure requirements and prohibition of kickbacks

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

ADA: Americans with Disabilities Act - Ensures properties and services are accessible to persons with disabilities

TILA: 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

ECOA: Equal Credit Opportunity Act - Prohibits discrimination in credit transactions, including real estate financing

Anti-Trust Laws: Federal and state laws preventing anti-competitive practices in real estate brokerage, including price fixing and market allocation

State Real Estate Commission Regulations: State-specific rules governing real estate broker conduct, licensing, and operations within the particular state

State Licensing Requirements: Mandatory licensing and educational requirements for property brokers operating within the state

State Agency Disclosure Requirements: State-mandated disclosures regarding broker-client relationships and representation

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

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

ESIGN Act: Federal law governing the validity of electronic signatures in real estate transactions

IRS Regulations: Federal tax requirements regarding the reporting and treatment of real estate commissions and broker income

Privacy Laws: Federal and state requirements for protecting client personal and financial information in real estate transactions

Record Keeping Requirements: State and federal mandates for maintaining transaction records, client information, and business documents

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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