Broker To Broker Commission Agreement for the United States

Broker To Broker Commission Agreement Template for United States

A Broker to Broker Commission Agreement is a legal document used in the United States real estate industry that establishes the terms and conditions for commission sharing between two or more licensed real estate brokers. This agreement outlines the specific commission split arrangements, responsibilities of each party, territorial considerations, and payment terms while ensuring compliance with federal and state real estate laws, including RESPA and state-specific broker regulations.

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What is a Broker To Broker Commission Agreement?

The Broker to Broker Commission Agreement serves as a fundamental document in U.S. real estate transactions where multiple brokers collaborate. This agreement is essential when brokers from different firms work together on property transactions, requiring clear terms for commission splits and cooperative arrangements. It ensures compliance with federal regulations like RESPA and state-specific real estate laws while protecting both parties' interests in cross-firm transactions. The document typically includes commission structures, payment terms, confidentiality provisions, and dispute resolution mechanisms.

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

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

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

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

4. Commission Structure: Details of commission splits, payment terms, and calculation methods

5. Term and Termination: Duration of agreement and conditions for termination or renewal

6. Confidentiality: Protection of sensitive information and client data

7. Governing Law: Applicable jurisdiction and legal framework governing the agreement

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

1. Territory Restrictions: Geographic limitations and boundaries of broker cooperation

2. Marketing Obligations: Terms regarding shared marketing responsibilities and cost allocation

3. Dispute Resolution: Procedures for handling disputes through mediation or arbitration

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

1. Schedule A - Commission Rate Schedule: Detailed breakdown of commission splits for different transaction types

2. Schedule B - Territory Map: Visual representation of geographic coverage areas

3. Schedule C - License Information: Copies of current 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 services, including restrictions on kickbacks and referral fees between brokers

Federal Anti-Trust Laws: Sherman Act and Clayton Act regulations that prevent anti-competitive behavior, price fixing, and market allocation between brokers

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on protected characteristics

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing how costs are calculated and disclosed

CFPB Regulations: Consumer Financial Protection Bureau regulations governing consumer protection in financial transactions including real estate

State Real Estate Commission Regulations: State-specific rules governing real estate broker conduct, licensing, and commission arrangements

State Licensing Requirements: State-mandated qualifications and ongoing requirements for maintaining broker licenses

State Commission Laws: State-specific regulations governing how real estate commissions can be structured and split between brokers

State Disclosure Requirements: State-mandated disclosures required in real estate transactions and broker arrangements

Statute of Frauds: State law requiring certain contracts, including real estate agreements, to be in writing to be enforceable

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

MLS Regulations: Multiple Listing Service rules governing cooperation and compensation between participating brokers

IRS Regulations: Federal tax requirements for reporting commission income and maintaining proper documentation

1099 Requirements: IRS requirements for reporting commission payments between brokers using Form 1099

Gramm-Leach-Bliley Act: Federal law requiring financial institutions, including real estate brokers, to protect clients' private information

State Privacy Laws: State-specific requirements for handling and protecting consumer data 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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