Broker Agent Commission Agreement for the United States

Broker Agent Commission Agreement Template for United States

A Broker Agent Commission Agreement is a legally binding contract used in the United States that establishes the terms and conditions under which a broker will receive compensation for their services. The agreement outlines commission rates, payment terms, scope of services, and the responsibilities of both parties. It complies with federal regulations such as RESPA and state-specific real estate laws, providing protection for both the broker and the principal while ensuring transparency in commission structures.

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What is a Broker Agent Commission Agreement?

The Broker Agent Commission Agreement serves as a fundamental document in professional brokerage relationships across the United States. This agreement is essential when engaging broker services for transactions involving real estate, businesses, or other assets where commission-based compensation is involved. The document establishes clear parameters for commission calculations, payment timing, and service expectations while ensuring compliance with federal and state regulations. Used primarily when formalizing relationships between brokers and principals, this agreement helps prevent disputes and provides legal protection for all parties involved.

What sections should be included in a Broker Agent Commission Agreement?

1. Parties: Identification of the broker and the principal

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including commission, territory, and transaction types

4. Appointment: Formal appointment of broker and scope of authority

5. Commission Structure: Details of commission rates and calculation methods

6. Payment Terms: When and how commissions will be paid, including invoicing and payment timeline

7. Term and Termination: Duration of agreement and termination conditions

8. Obligations of Parties: Responsibilities of both broker and principal

9. Governing Law: Applicable law and jurisdiction governing the agreement

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

1. Exclusivity: Terms of exclusive representation when broker is granted exclusive rights

2. Protection Period: Post-termination period where broker remains entitled to commission for leads generated during the agreement

3. Sub-agents: Terms for involving other agents and sub-brokers in transactions

4. Non-Circumvention: Provisions preventing direct dealings between principal and broker's contacts

What schedules should be included in a Broker Agent Commission Agreement?

1. Commission Rate Schedule: Detailed breakdown of commission rates for different transaction types

2. Territory Definition: Geographic area or market sector covered by the agreement

3. Service Level Agreement: Specific performance metrics and service standards expected from the broker

4. Required Licenses: Copies of relevant broker licenses and certifications

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
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes, including restrictions on kickbacks and referral fees

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and standardized calculation methods for financing costs

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

Sherman Antitrust Act: Federal law prohibiting anti-competitive practices, particularly relevant to commission rate fixing among brokers

FIRPTA: Foreign Investment in Real Property Tax Act - Regulations regarding foreign persons disposing of U.S. real property interests

State Real Estate Commission Regulations: State-specific rules governing real estate practices, licensing, and broker conduct within each jurisdiction

State Licensing Requirements: Mandatory qualifications, education, and renewal requirements for maintaining real estate broker licenses in specific states

State Contract Laws: State-specific requirements for valid contracts, including essential elements and enforcement provisions

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

Internal Revenue Code Requirements: Federal tax regulations affecting real estate transactions, commission reporting, and broker income

Fair Labor Standards Act: Federal law establishing wage, overtime, and labor standards, relevant to broker-agent employment relationships

Statute of Frauds: Legal requirement that certain contracts, including real estate agreements, must be in writing to be enforceable

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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