The Agreement Between Broker And Owner is a fundamental document in real estate transactions across the United States. It serves as the primary contract establishing the professional relationship between property owners and licensed real estate professionals. This agreement is essential when property owners seek to engage professional services for selling, leasing, or managing their properties. It typically includes detailed provisions about commission structures, service scope, duration, marketing strategies, and compliance with both federal and state-specific real estate regulations. The document must adhere to state-specific licensing requirements and may need to accommodate varying regional real estate practices.
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1. Parties: Identification of broker and property owner with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement including broker services, property, commission, and other relevant definitions
4. Scope of Services: Detailed description of broker's services and responsibilities including marketing, showing property, negotiating deals
5. Term and Termination: Duration of agreement and conditions for termination by either party
6. Compensation: Commission structure, payment terms, and conditions for commission earning
7. Representations and Warranties: Statements of fact by both parties regarding authority, property condition, and compliance with laws
8. Governing Law: Applicable jurisdiction and legal framework for the agreement
1. Property Management Services: Additional terms for property management including maintenance, tenant relations, and financial reporting
2. Marketing Plan: Specific marketing strategies, advertising commitments, and promotional activities
3. International Considerations: Special provisions for international owners or cross-border transactions
1. Property Schedule: Detailed description of property/properties covered under the agreement
2. Fee Schedule: Detailed breakdown of all fees, commission structures, and payment terms
3. Service Level Agreement: Specific performance metrics and service standards for the broker
4. Required Disclosures: State-mandated real estate disclosures and forms
Relevant legal definitions
Agreement
Broker
Owner
Property
Listing Period
Commission
Exclusive Right to Sell
Listing Price
Multiple Listing Service (MLS)
Earnest Money
Brokerage Services
Marketing Services
Net Proceeds
Closing
Effective Date
Term
Sale
Purchase Agreement
Competing Broker
Protected Period
Agency Relationship
Dual Agency
Business Day
Contract of Sale
Gross Sale Price
Marketing Materials
Property Management Services
Confidential Information
Force Majeure
Termination Date
Broker
Owner
Property
Listing Period
Commission
Exclusive Right to Sell
Listing Price
Multiple Listing Service (MLS)
Earnest Money
Brokerage Services
Marketing Services
Net Proceeds
Closing
Effective Date
Term
Sale
Purchase Agreement
Competing Broker
Protected Period
Agency Relationship
Dual Agency
Business Day
Contract of Sale
Gross Sale Price
Marketing Materials
Property Management Services
Confidential Information
Force Majeure
Termination Date
Clauses
Appointment and Authority
Scope of Services
Exclusivity
Term and Duration
Commission
Marketing Obligations
Property Access
Representations and Warranties
Confidentiality
Indemnification
Insurance
Termination
Agency Relationship
Property Management
Marketing Plan
Compliance
Dispute Resolution
Force Majeure
Assignment
Notices
Governing Law
Entire Agreement
Severability
Amendment
Non-Competition
Data Protection
Liability
Professional Standards
Payment Terms
Default Remedies
Scope of Services
Exclusivity
Term and Duration
Commission
Marketing Obligations
Property Access
Representations and Warranties
Confidentiality
Indemnification
Insurance
Termination
Agency Relationship
Property Management
Marketing Plan
Compliance
Dispute Resolution
Force Majeure
Assignment
Notices
Governing Law
Entire Agreement
Severability
Amendment
Non-Competition
Data Protection
Liability
Professional Standards
Payment Terms
Default Remedies
Relevant Industries
Relevant Teams
Relevant Roles
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