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Agreement Between Broker And Agent for the United States

Agreement Between Broker And Agent Template for United States

A legally binding document that establishes the professional relationship between a licensed broker and an agent in the United States. This agreement outlines the terms and conditions of their business relationship, including commission structures, responsibilities, compliance requirements, and operating procedures. It ensures compliance with federal and state-specific real estate laws, including RESPA, Fair Housing Act, and state licensing requirements.

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Agreement Between Broker And Agent

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What is a Agreement Between Broker And Agent?

The Agreement Between Broker And Agent is a fundamental document in the real estate industry, establishing the framework for professional relationships between brokers and their agents. This agreement is essential when a licensed real estate agent begins working under a broker's supervision, or when existing arrangements need formal documentation. It addresses crucial aspects such as commission splits, duties, compliance requirements, and operational procedures while ensuring adherence to both federal and state-specific regulations. The document is particularly important in the United States where real estate professionals must operate under a licensed broker's supervision to conduct business legally.

What sections should be included in a Agreement Between Broker And Agent?

1. Parties: Identifies the broker and agent, including their licensing details and contact information

2. Background: States the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Authority: Outlines what the agent is authorized to do on behalf of the broker

5. Compensation: Details commission splits, bonus structures, and payment terms

6. Independent Contractor Status: Clarifies the agent's status as an independent contractor rather than employee

7. Term and Termination: Specifies agreement duration and conditions for termination

8. Compliance Requirements: Lists regulatory and professional standards requirements

What sections are optional to include in a Agreement Between Broker And Agent?

1. Non-Compete Clause: Restricts agent's ability to compete after termination - use in markets with high competition or when protecting specific territory

2. Technology Usage: Details use of broker's technology systems - include when broker provides specific technology platforms

3. Training Requirements: Specifies mandatory training programs - include when broker provides specific training programs

4. Marketing Guidelines: Details allowed marketing practices and brand usage - include when broker has specific branding requirements

What schedules should be included in a Agreement Between Broker And Agent?

1. Commission Schedule: Detailed breakdown of commission structures and splits

2. Office Policies: Broker's standard operating procedures and policies

3. Technology Agreement: Terms of use for broker-provided technology systems

4. Insurance Requirements: Detailed insurance coverage requirements

5. Required Forms: Standard forms used in real estate transactions

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

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

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and costs in consumer financial transactions

Anti-Trust Laws: Federal and state laws preventing anti-competitive practices in real estate business

FTC Regulations: Federal Trade Commission rules governing fair business practices and consumer protection in real estate

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

State Licensing Requirements: Mandatory state-specific qualifications and ongoing requirements for maintaining real estate licenses

FLSA: Fair Labor Standards Act - Federal law setting wage, overtime, and employment standards

IRS Independent Contractor Guidelines: Federal tax classifications and requirements for independent contractor relationships

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain information-sharing practices and protect sensitive data

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

MLS Rules: Multiple Listing Service regulations governing property listing and sharing practices

E&O Insurance Requirements: Errors and Omissions insurance requirements protecting against claims of professional negligence

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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