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Commercial Broker Agreement for the United Kingdom

Commercial Broker Agreement Template for United States

A Commercial Broker Agreement is a legally binding contract used in the United States that establishes the terms and conditions between a professional broker and their client. This agreement outlines the scope of services, compensation structure, responsibilities, and obligations of both parties. It incorporates relevant federal and state regulations, including licensing requirements and industry-specific compliance measures.

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What is a Commercial Broker Agreement?

The Commercial Broker Agreement serves as the foundational document governing the professional relationship between brokers and their clients in commercial transactions. This agreement is essential when engaging a broker for services such as real estate transactions, securities trading, or insurance placement in the United States. It addresses crucial elements including commission structures, exclusivity rights, territorial limitations, and compliance with federal and state regulations. The agreement provides legal protection for both parties while ensuring transparency in the business relationship.

What sections should be included in a Commercial Broker Agreement?

1. Parties: Identification and details of the broker and client

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of broker's services and responsibilities

5. Term and Termination: Duration of agreement and termination provisions

6. Compensation: Commission structure and payment terms

7. Broker's Obligations: Legal and professional duties of the broker

8. Client's Obligations: Responsibilities and commitments of the client

9. General Terms: Standard contractual provisions including governing law

What sections are optional to include in a Commercial Broker Agreement?

1. Exclusivity: Terms of exclusive representation - use when broker requires exclusive rights

2. Non-Compete: Restrictions on competitive activities - use when protecting business interests is crucial

3. International Provisions: Terms for cross-border transactions - use when dealing with international transactions

4. Sub-Broker Provisions: Terms for involving other brokers - use when sub-brokers may be needed

What schedules should be included in a Commercial Broker Agreement?

1. Schedule of Fees: Detailed breakdown of commission structure and fees

2. Territory Schedule: Definition of geographical area covered

3. Service Level Agreement: Specific performance metrics and standards

4. Required Disclosures: State-mandated broker disclosures

5. Insurance Requirements: Details of required insurance coverage

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Clauses




























Industries

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

Securities Exchange Act 1934: Federal law regulating securities trading and broker-dealer activities if the agreement involves securities transactions

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Anti-Trust Laws: Sherman Act and Clayton Act - Federal laws ensuring fair competition and preventing monopolistic practices in brokerage services

Truth in Lending Act: Federal law requiring disclosure of credit terms and costs in financial transactions

State Real Estate Commission Regulations: State-specific rules governing real estate broker conduct, licensing, and professional standards

State Licensing Requirements: Specific state mandates for broker licensing, continuing education, and professional certification

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies

State Consumer Protection Laws: State-specific regulations protecting consumers in commercial transactions

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

Fiduciary Duties: Legal obligations of loyalty, confidentiality, and care owed by brokers to their clients

Disclosure Requirements: Mandatory disclosures of material facts, conflicts of interest, and compensation structures

Non-Compete Provisions: Contractual restrictions on competitive activities and client solicitation after agreement termination

Dispute Resolution: Procedures and mechanisms for resolving conflicts between parties, including arbitration or mediation requirements

Confidentiality Requirements: Obligations to protect sensitive business information and trade secrets shared during the brokerage relationship

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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