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Residential Exclusive Management Agency Agreement for the United States

Residential Exclusive Management Agency Agreement Template for United States

A Residential Exclusive Management Agency Agreement is a legally binding contract used in the United States between a property owner and a professional property management company. This agreement grants exclusive rights to the management company to handle all aspects of residential property management, including tenant screening, rent collection, maintenance coordination, and property marketing. The document is governed by both federal and state-specific real estate laws and must comply with Fair Housing Act requirements and state property management regulations.

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What is a Residential Exclusive Management Agency Agreement?

The Residential Exclusive Management Agency Agreement is essential when property owners seek professional management of their residential properties. This contract type establishes a formal relationship where the management company becomes the exclusive agent responsible for all property-related matters. It's particularly relevant in the United States where property management is heavily regulated at both federal and state levels. The agreement typically includes detailed provisions for property maintenance, tenant relations, financial management, and reporting obligations, while ensuring compliance with Fair Housing laws, state licensing requirements, and local property regulations.

What sections should be included in a Residential Exclusive Management Agency Agreement?

1. Parties: Identification of property owner and management company, including legal names and addresses

2. Background: Context of the agreement and basic information about the property

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of manager's authority and exclusive nature of appointment

5. Manager's Duties: Comprehensive list of services to be provided by the property manager

6. Owner's Obligations: Responsibilities and commitments of the property owner

7. Fees and Compensation: Management fees, commission structures, and payment terms

8. Term and Termination: Duration of agreement and conditions for termination

What sections are optional to include in a Residential Exclusive Management Agency Agreement?

1. Insurance Requirements: Detailed specification of insurance obligations for both parties

2. Property Maintenance Fund: Terms and conditions for maintaining and managing a property maintenance reserve account

3. Emergency Procedures: Specific protocols and procedures for handling emergency situations

4. Short-Term Rental Provisions: Special terms and conditions applicable to short-term rental arrangements

What schedules should be included in a Residential Exclusive Management Agency Agreement?

1. Property Schedule: Detailed description and specifications of the managed property

2. Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures

3. Service Level Agreement: Detailed service standards, response times, and performance metrics

4. Maintenance Contractor List: List of approved contractors and service providers for property maintenance

5. Property Management Plan: Detailed strategies and objectives for property management

6. Insurance Requirements Schedule: Detailed specifications of required insurance coverage and limits

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

Fair Housing Act (FHA): Federal law prohibiting discrimination in housing transactions based on protected characteristics and ensuring equal access to housing opportunities

Americans with Disabilities Act (ADA): Federal legislation requiring reasonable accommodations and accessibility considerations in property management

Fair Credit Reporting Act (FCRA): Federal regulations governing tenant screening, credit check procedures, and privacy requirements for handling personal information

SAFE Act: Federal regulations pertaining to mortgage and lending activities in property transactions

State Property Management Licensing Requirements: State-specific regulations determining licensing requirements for property management professionals

State Landlord-Tenant Laws: State legislation governing rights and responsibilities of property managers, security deposits, maintenance obligations, and eviction procedures

State Real Estate Commission Regulations: State-specific rules governing professional conduct and fiduciary responsibilities of property managers

State-Specific Fair Housing Laws: State-level housing discrimination protections that may extend beyond federal protected classes

Municipal Housing Codes: Local regulations establishing property maintenance standards and safety requirements

Zoning Laws: Local regulations governing property use restrictions and rental permit requirements

Local Rent Control Laws: Municipal regulations governing rent increase limitations and tenant protections, where applicable

NAR Code of Ethics: Professional standards established by the National Association of REALTORSยฎ for member compliance

IREM Best Practices: Industry standards and best practices established by the Institute of Real Estate Management for professional property management

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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