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Real Estate Broker Agreement for the United Kingdom

Real Estate Broker Agreement Template for United States

A Real Estate Broker Agreement is a legally binding contract used in the United States that establishes the professional relationship between a property owner and a licensed real estate broker. The agreement outlines the broker's authority to market and sell the property, details commission structures, and specifies the rights and obligations of both parties. It must comply with federal regulations such as RESPA and state-specific real estate laws, including local licensing requirements and disclosure obligations.

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What is a Real Estate Broker Agreement?

The Real Estate Broker Agreement is essential when a property owner wishes to engage professional representation for selling or leasing their property. This document formalizes the relationship between the parties, establishing clear expectations, compensation terms, and service scope. Used throughout the United States, it must incorporate both federal requirements and state-specific regulations. The agreement typically includes detailed marketing commitments, commission structures, duration terms, and property specifications. It serves as the foundational document protecting both the broker's and owner's interests throughout the transaction process.

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

1. Parties: Identifies the broker and property owner/seller, including full legal names and contact details

2. Background: Brief context about the property and the purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Establishes the broker's appointment and scope of authority

5. Term of Agreement: Duration of the agreement, including start and end dates

6. Broker's Duties: Detailed list of services and obligations of the broker

7. Owner's Obligations: Property owner's responsibilities and commitments

8. Commission Structure: Details of broker compensation and payment terms

9. Termination: Conditions and process for ending the agreement

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

1. Multiple Listing Service: Terms for MLS listing, used when property will be listed on MLS

2. Marketing Plan: Specific marketing strategies and commitments for high-value properties or when specific marketing is required

3. International Marketing: Terms for international property promotion, suitable for luxury properties or those targeting international buyers

4. Virtual Tours: Terms regarding virtual showings and online marketing when virtual tours will be part of the marketing strategy

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

1. Property Details Schedule: Detailed description of the property including address, features, and condition

2. Commission Schedule: Detailed breakdown of commission structures and payment terms

3. Marketing Plan Schedule: Detailed marketing strategy and timeline

4. Agency Disclosure Form: State-required agency relationship disclosure

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 that requires disclosure of real estate settlement processes and prohibits kickbacks or referral fees

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

ADA: Americans with Disabilities Act - Ensures properties and real estate services are accessible to persons with disabilities

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

Equal Credit Opportunity Act: Federal law that prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or public assistance program participation

State Real Estate Commission Regulations: State-specific rules governing real estate practice, including licensing requirements, continuing education, and professional conduct standards

State Licensing Requirements: Specific requirements for obtaining and maintaining a real estate broker's license in the particular state

State Real Estate Laws: State-specific legislation governing real estate transactions, contracts, and broker responsibilities

State Consumer Protection Laws: Laws designed to protect consumers in real estate transactions from unfair practices and ensure adequate disclosure

State Agency Disclosure Requirements: State-mandated rules about disclosing the nature of the agency relationship between broker and client

NAR Code of Ethics: National Association of REALTORSยฎ professional standards and ethical guidelines that member brokers must follow

State Realtor Association Guidelines: Additional professional standards and guidelines specific to the state's realtor association

Local Real Estate Board Requirements: Specific rules and standards set by local real estate boards that brokers must comply with

Commission Structure Regulations: Laws and regulations governing how real estate commissions can be structured and paid

Agency Relationship Laws: Legal requirements defining and governing the relationship between broker and client, including fiduciary responsibilities

Dispute Resolution Requirements: Legal framework for handling disputes between brokers and clients, including mediation and arbitration provisions

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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