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Real Estate Broker Employment Agreement for the United States

Real Estate Broker Employment Agreement Template for United States

A Real Estate Broker Employment Agreement is a legally binding contract used in the United States that establishes the professional relationship between a real estate broker and a property owner/seller. The agreement outlines the broker's responsibilities, compensation structure, duration of services, and specific terms of engagement. It complies with federal real estate laws and state-specific licensing requirements, including necessary disclosures and agency relationships. The document serves as the foundation for the broker's authority to market and facilitate the sale or lease of the property.

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What is a Real Estate Broker Employment Agreement?

The Real Estate Broker Employment Agreement is essential when a property owner wishes to engage a licensed real estate broker to market and sell their property. This document, governed by U.S. federal and state real estate laws, establishes the scope of the broker's authority, duties, and compensation structure. It includes critical elements such as listing period, commission rates, marketing responsibilities, and protection periods. The agreement ensures compliance with state licensing requirements and provides clear guidelines for both parties throughout the selling process.

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

1. Parties: Identifies the broker and the client (property owner/seller)

2. Background: Establishes the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

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

5. Term of Agreement: Specifies duration of the agreement and any renewal provisions

6. Compensation: Details commission structure and payment terms

7. Agency Relationship: Defines the nature of the agency relationship and disclosure requirements

8. Termination: Outlines conditions and procedures for ending the agreement

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

1. Protection Period: Defines period after termination during which broker may still earn commission

2. Marketing Plan: Outlines specific marketing strategies and commitments

3. Property Management Services: Details additional property management responsibilities

4. Dispute Resolution: Specifies arbitration or mediation procedures

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

1. Property Details Schedule: Detailed description of the property being marketed

2. Commission Schedule: Detailed breakdown of commission structures for different scenarios

3. Marketing Plan Schedule: Detailed marketing strategy and timeline

4. Required State Disclosures: State-mandated real estate disclosures and forms

5. Agency Disclosure Form: State-required agency relationship disclosure document

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 settlement processes and disclosures

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

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

Equal Credit Opportunity Act: Federal law ensuring equal access to credit regardless of race, color, religion, national origin, sex, marital status, age, or public assistance status

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

Anti-Trust Laws: Federal and state laws preventing anti-competitive practices in real estate markets

State Real Estate Licensing Laws: State-specific requirements for obtaining and maintaining real estate broker and agent licenses

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

NAR Code of Ethics: National Association of REALTORSยฎ professional standards and ethical requirements for member brokers and agents

Fair Labor Standards Act: Federal law establishing wage, overtime, and employment standards, relevant if agents are classified as employees

Independent Contractor Regulations: Federal and state rules governing the classification and treatment of independent contractors in real estate

IRS Guidelines for Real Estate Professionals: Federal tax regulations specific to real estate professionals regarding income reporting and deductions

State Data Privacy Laws: State-specific requirements for handling and protecting client personal and financial information

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

Trust Account Regulations: State-specific rules governing the handling and management of client funds in separate trust accounts

Record Keeping Requirements: State and federal requirements for maintaining transaction records, communications, and other 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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