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Real Estate Broker Agent Agreement Form for the United States

Real Estate Broker Agent Agreement Form Template for United States

A Real Estate Broker Agent Agreement Form is a legally binding contract used in the United States that establishes the professional relationship between a licensed real estate broker and their client (either a buyer or seller). The agreement outlines the scope of services, compensation terms, duration of representation, and the rights and obligations of both parties. It must comply with federal regulations such as RESPA and state-specific real estate laws, which vary by jurisdiction.

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What is a Real Estate Broker Agent Agreement Form?

The Real Estate Broker Agent Agreement Form serves as the foundational document governing the relationship between real estate professionals and their clients in the United States. This agreement is essential for establishing clear expectations, protecting both parties' interests, and ensuring compliance with state and federal regulations. It typically includes details about the broker's duties, commission structures, marketing responsibilities, and the duration of the relationship. The agreement must adhere to state-specific real estate laws and may vary significantly depending on the jurisdiction and whether it's for buyer or seller representation.

What sections should be included in a Real Estate Broker Agent Agreement Form?

1. Parties: Identification of the broker and client with full legal names and addresses

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. Term: Duration of the agreement including start and end dates

6. Compensation: Commission structure and payment terms

7. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Real Estate Broker Agent Agreement Form?

1. Dual Agency: Terms for situations where broker represents both parties - use when dual agency is permitted in the state and might occur

2. Marketing Plan: Specific marketing strategies to be employed - use for listing agreements where detailed marketing is required

3. Virtual Services: Terms for virtual showings and digital services - use when virtual real estate services are offered

What schedules should be included in a Real Estate Broker Agent Agreement Form?

1. Schedule A - Property Details: Specific property information for listing agreements

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

3. Appendix 1 - State-Required Disclosures: Mandatory state-specific disclosure forms

4. Appendix 2 - Marketing Materials: Sample marketing materials and strategies

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

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, settlement processes, and required disclosures

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

Americans with Disabilities Act: Federal law ensuring equal access and preventing discrimination against individuals with disabilities in real estate transactions

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

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

State Real Estate Commission Regulations: State-specific rules governing real estate practices, licensing, and professional conduct within the state

State Licensing Requirements: Specific requirements for maintaining real estate broker and agent licenses in the state

State Disclosure Requirements: Mandatory disclosures required by state law in real estate transactions

State Contract and Agency Laws: State-specific laws governing contract formation, enforcement, and agency relationships in real estate

Broker Compensation Rules: State regulations governing how real estate brokers can be compensated and fee structures

Dual Agency Regulations: State rules regarding representation of both buyer and seller in the same transaction

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

E-SIGN Act: Electronic Signatures in Global and National Commerce Act - Federal law governing the validity of electronic signatures and records

Consumer Protection Laws: State and federal laws designed to protect consumers in real estate transactions, including cooling-off periods and cancellation rights

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

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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