The Real Estate Retainer Agreement serves as the foundational document for establishing a professional relationship in real estate transactions within the United States. This agreement is essential when a client requires ongoing real estate services, whether for property acquisition, sale, or management. It details the scope of services, fee structures, and obligations while ensuring compliance with federal regulations like RESPA and state-specific real estate laws. The document provides clear guidelines for both parties and helps prevent potential disputes by clearly defining the terms of engagement.
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1. Parties: Identifies the real estate professional/firm and the client, including full legal names and contact details
2. Background: Explains the context of the agreement and the intention to establish a professional relationship
3. Definitions: Defines key terms used throughout the agreement
4. Scope of Services: Detailed outline of services to be provided by the real estate professional
5. Term and Termination: Duration of the agreement and conditions for termination
6. Fees and Payment Terms: Structure of fees, payment schedule, and reimbursable expenses
7. Obligations of the Parties: Responsibilities of both the real estate professional and client
8. Confidentiality: Terms regarding handling of confidential information
1. Exclusive Rights: Details exclusivity arrangements if the agreement grants sole representation rights to the real estate professional
2. Virtual Services: Provisions for virtual showings, digital services, and online communications in real estate transactions
3. International Transactions: Special provisions for handling international clients or properties, including currency considerations and cross-border requirements
4. Force Majeure: Provisions addressing unforeseen circumstances that may affect the performance of services
1. Schedule A - Fee Structure: Detailed breakdown of all applicable fees and commission structures
2. Schedule B - Service Details: Comprehensive list of specific services included in the retainer
3. Appendix 1 - Required Disclosures: State-specific required disclosures and legal notices
4. Appendix 2 - Agency Relationships: Explanation of agency relationships and responsibilities
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