Broker Cooperation Agreement for the United States

Broker Cooperation Agreement Template for United States

A Broker Cooperation Agreement is a legally binding document used in the United States that establishes the terms and conditions under which two or more licensed brokers agree to work together and share commissions. The agreement typically outlines commission splits, responsibilities, territorial limitations, and confidentiality requirements while ensuring compliance with federal and state real estate laws, including RESPA and state-specific licensing requirements.

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What is a Broker Cooperation Agreement?

The Broker Cooperation Agreement serves as a foundational document for establishing professional relationships between brokerage firms in the United States. This agreement becomes necessary when brokers wish to formalize their collaboration on transactions, share resources, or extend their market reach. It addresses crucial aspects such as commission splitting, confidentiality, territory definitions, and compliance with both federal and state regulations. The agreement is particularly important in today's interconnected market where cross-firm cooperation is increasingly common and regulatory oversight is stringent.

What sections should be included in a Broker Cooperation Agreement?

1. Parties: Identification of the cooperating brokers and their legal status

2. Background: Context and purpose of the cooperation agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Cooperation: Details of how the brokers will work together

5. Commission Structure: Terms of commission sharing and payment processes

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

7. Confidentiality: Protection of shared information

What sections are optional to include in a Broker Cooperation Agreement?

1. International Transactions: Special provisions for cross-border dealings when parties operate in different countries

2. Technology Integration: Terms for shared technology platforms when parties share technical resources

3. Training Requirements: Specific training obligations when specialized knowledge transfer is needed

What schedules should be included in a Broker Cooperation Agreement?

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

2. Territory Map: Geographic areas covered by the agreement

3. Service Level Agreement: Specific performance metrics and standards

4. Contact List: Key personnel and their responsibilities

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 rules about kickbacks and referral fees

Antitrust Laws: Sherman Antitrust Act and Clayton Act - Federal laws ensuring fair competition and preventing monopolistic practices in real estate brokerage

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

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

FIRPTA: Foreign Investment in Real Property Tax Act - Federal law governing tax implications for international real estate transactions

State Licensing Laws: State-specific requirements for real estate broker licensing, continuing education, and professional conduct

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

MLS Regulations: Multiple Listing Service rules governing broker cooperation, listing sharing, and commission arrangements

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies, including Statute of Frauds requirements

Agency Law: Legal principles governing the relationship between brokers and their clients, including fiduciary duties and disclosure requirements

Financial Regulations: Laws and regulations governing commission structures, payment terms, and tax reporting requirements for real estate transactions

Privacy Laws: Gramm-Leach-Bliley Act and state-specific privacy laws governing the handling of personal and financial information 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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