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Real Estate Retainer Agreement Template for United States

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Key Requirements PROMPT example:

Real Estate Retainer Agreement

"I need a Real Estate Retainer Agreement for my boutique agency in California, specifically covering both residential and commercial properties, with an emphasis on luxury listings and international clients, to begin from January 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

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

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

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

ADA Compliance: Americans with Disabilities Act requirements ensuring accessible services and accommodations in real estate transactions

E-SIGN Act: Electronic Signatures in Global and National Commerce Act governing the validity of electronic signatures and records in real estate transactions

State Licensing Laws: State-specific requirements for real estate professional licensing, continuing education, and practice standards

State Broker Regulations: State-specific rules governing broker conduct, responsibilities, and obligations in real estate transactions

State Contract Laws: State-specific requirements for valid contracts, including essential elements and enforcement provisions

Consumer Protection Laws: State and federal laws protecting consumers in real estate transactions from unfair or deceptive practices

Disclosure Requirements: State-mandated disclosures regarding property condition, agency relationships, and material facts affecting the transaction

NAR Code of Ethics: National Association of REALTORS�� professional standards and ethical requirements for member conduct

Bar Association Rules: State-specific regulations governing attorney-client relationships and professional conduct in real estate matters

Fee Structure Rules: Regulations governing how fees can be structured, disclosed, and collected in real estate services

Data Privacy Laws: State and federal requirements for handling, storing, and protecting client personal information

Document Retention: Requirements for maintaining records of real estate transactions and related communications

AML Regulations: Anti-money laundering requirements and protocols for real estate transactions to prevent financial crimes

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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