51Ƶ

Business Broker Engagement Agreement for the United States

Business Broker Engagement Agreement Template for United States

A comprehensive legal agreement governed by United States federal and state laws that establishes the professional relationship between a business broker and a business owner/seller. The document outlines the terms and conditions under which the broker will provide services to facilitate the sale of the business, including scope of services, compensation structure, confidentiality obligations, and termination provisions. It incorporates relevant state-specific broker licensing requirements and federal securities regulations where applicable, while addressing key aspects such as commission structures, exclusive rights, and protection mechanisms for all parties involved.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Business Broker Engagement Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Business Broker Engagement Agreement?

The Business Broker Engagement Agreement serves as the foundational document establishing the professional relationship between a business broker and a client seeking to sell their business in the United States. This agreement is essential when a business owner decides to engage professional brokerage services for selling their business, whether partially or wholly. It defines the scope of the broker's services, compensation structure, and mutual obligations while ensuring compliance with federal securities laws and state-specific broker licensing requirements. The document typically includes detailed provisions for confidentiality, commission calculations, marketing authorizations, and termination rights. It's particularly crucial for protecting both parties' interests throughout the business sale process and ensuring clear communication of expectations and deliverables.

What sections should be included in a Business Broker Engagement Agreement?

1. Parties: Identifies the business broker and the client (business owner/seller), including full legal names and addresses

2. Background: Provides context for the agreement, including the client's intention to sell the business and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement, including 'Business', 'Transaction', 'Commission', 'Qualified Buyer', etc.

4. Appointment and Authority: Establishes the broker's appointment, specifying whether exclusive or non-exclusive, and defining the scope of authority

5. Broker's Services: Details the specific services to be provided by the broker, including marketing, buyer screening, and transaction support

6. Client's Obligations: Outlines the client's responsibilities, including providing accurate information and cooperation

7. Confidentiality: Addresses the handling of confidential information and non-disclosure obligations

8. Commission Structure: Details the broker's compensation, including commission rates, payment timing, and any minimum fees

9. Term and Termination: Specifies the agreement duration, renewal terms, and termination conditions

10. Representations and Warranties: Contains statements of fact and promises made by both parties

11. Limitation of Liability: Defines the extent of broker's liability and any indemnification provisions

12. General Provisions: Includes standard clauses such as governing law, notices, entire agreement, and amendments

What sections are optional to include in a Business Broker Engagement Agreement?

1. Co-Brokerage Arrangements: Includes when there's potential collaboration with other brokers, defining commission splitting and responsibilities

2. International Transactions: Added for cross-border sales, addressing currency, jurisdictional issues, and compliance requirements

3. Post-Termination Obligations: Included when specific obligations survive agreement termination

4. Non-Circumvention: Added to protect broker's interests in cases where clients might attempt to bypass broker's services

5. Success Fee Structure: Optional alternative to standard commission structure for complex transactions

6. Marketing Budget: Included when specific marketing expenses are to be shared or reimbursed

7. Due Diligence Support: Added when broker provides extensive due diligence assistance

8. Dispute Resolution: Optional detailed provisions for mediation or arbitration procedures

What schedules should be included in a Business Broker Engagement Agreement?

1. Schedule A - Business Description: Detailed description of the business, including assets, operations, and key information

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, payment terms, and calculation methods

3. Schedule C - Broker's Services: Comprehensive list of specific services to be provided by the broker

4. Schedule D - Required Documentation: List of documents and information the client must provide

5. Schedule E - Authorized Representatives: List of individuals authorized to act on behalf of each party

6. Appendix 1 - Confidentiality Agreement: Standard form of confidentiality agreement to be used with potential buyers

7. Appendix 2 - Marketing Materials Guidelines: Standards and requirements for business marketing materials

8. Appendix 3 - Due Diligence Checklist: Standard checklist of required due diligence items

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
Relevant legal definitions




























Clauses






























Relevant Industries

Professional Services

Real Estate

Manufacturing

Retail

Technology

Healthcare

Hospitality

Financial Services

Construction

Transportation

Agriculture

Education

Entertainment

Industrial Services

Consumer Services

Relevant Teams

Legal

Corporate Development

Mergers & Acquisitions

Finance

Business Development

Compliance

Risk Management

Executive Leadership

Strategic Planning

Investment Banking

Relevant Roles

Business Broker

Business Development Manager

M&A Director

Chief Executive Officer

Business Owner

Corporate Lawyer

General Counsel

Chief Financial Officer

Investment Banker

Transaction Advisory Manager

Corporate Development Director

Senior Business Analyst

Business Valuation Specialist

Legal Compliance Officer

Risk Manager

Industries








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

Find the exact document you need

Exclusive Contract With A Real Estate Agent

A U.S.-governed contract establishing an exclusive relationship between a property owner and real estate agent, granting sole rights for property marketing and sale/lease.

find out more

Business Broker Engagement Agreement

A U.S.-governed agreement establishing terms between a business broker and seller for business sale services, including scope, compensation, and obligations.

find out more

Business Broker Agreement

A U.S.-governed agreement establishing terms between a business broker and business owner for the sale of a business, including commission structure and service terms.

find out more

Buyer Tenant Representation Agreement

A U.S.-governed agreement establishing an exclusive relationship between a real estate broker and a client seeking to lease or purchase property, outlining representation terms and obligations.

find out more

Buyer Broker Commission Agreement

A U.S. real estate contract establishing terms and commission structure for a broker's representation of a property buyer.

find out more

Buyer Agent Commission Agreement

A U.S. real estate contract establishing the terms of representation and commission structure between a property buyer and their real estate agent.

find out more

Business Broker Listing Agreement

A U.S.-governed agreement establishing the terms under which a business broker represents a business owner in selling their business, including scope of services, compensation, and obligations.

find out more

Co Broker Agreement

A U.S.-governed agreement between two brokerage firms establishing terms for business cooperation and commission sharing arrangements.

find out more

Buyer Broker Exclusive Agreement

A U.S. real estate contract establishing an exclusive relationship between a property buyer and broker, defining services, compensation, and mutual obligations.

find out more

Buyer Broker Agreement

A U.S.-governed agreement establishing the terms and conditions between a real estate broker and property buyer for property search and acquisition services.

find out more

Wholesale Broker Agreement

A U.S.-governed agreement establishing the relationship between a principal company and a wholesale broker for product/service distribution.

find out more

Transaction Broker Agreement

A U.S. legal agreement establishing a neutral intermediary relationship between a real estate broker and client(s) for property transactions.

find out more

Tenant Broker Agreement

A U.S. legal agreement establishing representation of a tenant by a real estate broker in property leasing matters.

find out more

Split Commission Agreement

A U.S.-governed agreement defining how commissions are shared between multiple parties in a business transaction.

find out more

Seller Listing Agreement

A U.S. legal agreement between a property owner and real estate broker authorizing the marketing and sale of property under specified terms.

find out more

Seller Broker Commission Agreement

A U.S. legal agreement establishing commission terms between a property seller and their real estate broker.

find out more

Seller Agency Agreement

A U.S. legal agreement establishing the terms and conditions under which a real estate agent represents a property seller.

find out more

Sales Broker Agreement

A U.S.-governed contract defining the terms between a company and its sales broker, including commission structures and performance requirements.

find out more

Residential Listing Agreement Compensation To Broker

A U.S. legal agreement defining broker compensation terms for residential property listings.

find out more

Rental Broker Fee Agreement

A U.S. legal agreement establishing terms between rental brokers and clients for property rental services.

find out more

Rental Broker Agreement

A U.S.-governed agreement between property owners and real estate brokers defining the terms and conditions for rental property services.

find out more

Registration Agreement Between Brokers

A U.S. real estate contract establishing cooperation terms and commission arrangements between licensed brokers.

find out more

Registration Agreement Between Broker And Owner

A U.S. real estate contract establishing terms between a broker and property owner for the marketing and potential sale/lease of property.

find out more

Referral Agreement Between Brokers

A U.S.-compliant agreement establishing terms for client referrals between licensed real estate brokers, including commission arrangements and regulatory compliance.

find out more

Real Estate Brokerage Operating Agreement

A U.S.-compliant legal framework establishing the structure and operations of a real estate brokerage firm.

find out more

Real Estate Broker Referral Agreement

A U.S.-governed agreement establishing terms for client referrals between licensed real estate brokers, including fee arrangements and compliance requirements.

find out more

Real Estate Broker Of Record Agreement

A U.S. legal agreement establishing an official relationship between a real estate broker and client for property transactions and representations.

find out more

Real Estate Broker Independent Contractor Agreement

A U.S. legal agreement defining the relationship between a real estate brokerage and an independent contractor agent, including terms of engagement and compensation.

find out more

Real Estate Broker Fee Agreement

A U.S.-governed agreement establishing the terms and compensation structure between a real estate broker and property owner.

find out more

Real Estate Broker Employment Agreement

A U.S.-compliant agreement establishing the terms of engagement between a real estate broker and property owner, including services, compensation, and agency relationship.

find out more

Real Estate Broker Confidentiality Agreement

A U.S. legal agreement protecting confidential information shared between property owners and real estate brokers during property transactions.

find out more

Real Estate Broker Commission Agreement

A U.S. legal agreement defining commission terms between real estate brokers and property owners/sellers.

find out more

Real Estate Broker Agreement

A U.S.-compliant agreement establishing the terms between a property owner and real estate broker for property marketing and sale services.

find out more

Real Estate Broker Agent Commission Split Agreement

A U.S.-compliant agreement defining commission split arrangements between real estate brokers and their agents.

find out more

Real Estate Agent Retainer Agreement

A U.S.-compliant agreement establishing the terms of representation between a real estate agent and client, including services and compensation.

find out more

Real Estate Agent Rental Agreement

A U.S.-governed agreement between property owners and real estate agents for rental property marketing and management services.

find out more

Real Estate Agent Referral Agreement

A U.S.-compliant agreement establishing terms for client referrals between licensed real estate professionals, including fee structures and responsibilities.

find out more

Real Estate Agent Listing Agreement

A U.S.-governed contract between property owners and real estate agents establishing exclusive rights to market and sell property.

find out more

Real Estate Agent Independent Contractor Agreement

A U.S. legal agreement establishing an independent contractor relationship between a real estate brokerage and licensed agent.

find out more

Real Estate Agent Commission Split Agreement

A U.S. legal agreement defining commission split arrangements between real estate brokers and agents.

find out more
See more related templates

ұԾ’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ұԾ’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it