Commercial Real Estate Broker Agreement Template for United States

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Key Requirements PROMPT example:

Commercial Real Estate Broker Agreement

"I need a Commercial Real Estate Broker Agreement for my retail shopping center in Dallas, Texas, with an exclusive listing period of 18 months starting January 2025, including specific provisions for both sale and lease transactions with a graduated commission structure."

Document background
The Commercial Real Estate Broker Agreement serves as the foundational document for establishing professional relationships in commercial property transactions within the United States. This agreement is essential when property owners or businesses seek professional representation for selling, leasing, or acquiring commercial real estate. It outlines the broker's duties, compensation structure, and specific services to be provided, while ensuring compliance with state and federal regulations. The document typically includes provisions for marketing strategies, property listing terms, commission structures, and agency relationships, adapting to various commercial property types and transaction complexities.
Suggested Sections

1. Parties: Identifies the broker and property owner/client, including full legal names and addresses

2. Background: Establishes the context of the agreement and the parties' intent to enter into a broker relationship

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific services the broker will provide

5. Term and Termination: Specifies the duration of the agreement and conditions for termination

6. Compensation: Details broker's commission structure and payment terms

7. Agency Relationship: Defines the nature of the agency relationship and related obligations

8. Representations and Warranties: Standard declarations by both parties regarding their authority and capacity

Optional Sections

1. Dual Agency Provisions: Required when broker may represent both parties in a transaction

2. Property Management Services: Details additional property management responsibilities when broker will also provide property management services

3. Marketing Budget: Specifies marketing commitments and cost arrangements when specific marketing commitments are part of the agreement

4. Post-Termination Obligations: Details obligations that survive after agreement termination when protecting post-termination rights is important

Suggested Schedules

1. Property Schedule: Detailed description of the property(ies) covered by the agreement

2. Commission Schedule: Detailed breakdown of commission structures for different transaction types

3. Service Level Agreement: Specific performance metrics and service standards

4. Marketing Plan: Detailed marketing strategy and budget allocation

5. Required Disclosures: State-mandated disclosure forms and statements

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

Relevant legal definitions
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 race, color, religion, sex, national origin, familial status, or disability

ADA Compliance: Americans with Disabilities Act requirements ensuring accessibility in commercial properties

Anti-Trust Laws: Federal Sherman Act and Clayton Act regulations preventing anti-competitive practices in real estate transactions

State Real Estate Commission Regulations: State-specific regulatory requirements governing real estate broker conduct and transactions

State Licensing Requirements: Mandatory licensing and certification requirements for real estate brokers at the state level

State Contract Laws: State-specific laws governing the formation and enforcement of contracts

State Consumer Protection Laws: State regulations protecting consumers in real estate transactions

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

Agency Disclosure Requirements: Mandatory disclosure of broker-client relationship and representation status

Commission Disclosure Requirements: Mandatory disclosure of broker compensation and fee structures

Property Condition Disclosures: Required disclosures regarding the physical condition and known issues of the property

Dual Agency Requirements: Regulations governing situations where a broker represents both parties in a transaction

E&O Insurance Requirements: Errors and Omissions insurance requirements for professional liability protection

Documentation Requirements: State-mandated requirements for written agreements, signatures, and record-keeping in real estate transactions

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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