Buyer Agent Exclusive Agreement for the United States

Buyer Agent Exclusive Agreement Template for United States

This document is a legally binding agreement used in the United States real estate market that establishes an exclusive representation relationship between a potential property buyer and a licensed real estate agent or broker. The agreement outlines the agent's duties to locate and show properties, negotiate on the buyer's behalf, and provide professional guidance throughout the purchase process. It also specifies the buyer's obligations, including working exclusively with the designated agent and paying agreed-upon compensation. The document incorporates state-specific requirements for agency relationships, mandatory disclosures, and compliance with federal regulations such as fair housing laws.

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What is a Buyer Agent Exclusive Agreement?

The Buyer Agent Exclusive Agreement is a fundamental document in U.S. real estate transactions that protects both the buyer's and agent's interests during the property purchase process. This agreement is typically used when a serious buyer wants dedicated representation in their property search and requires the full services of a real estate professional. The document sets clear expectations by detailing the scope of the agent's services, establishing exclusive representation rights, and defining compensation structures. It includes state-mandated disclosures, compliance with federal fair housing laws, and specific terms regarding the duration of the relationship. The agreement is particularly important in competitive real estate markets where having dedicated representation can be crucial for successful property acquisition.

What sections should be included in a Buyer Agent Exclusive Agreement?

1. Parties: Identifies the buyer(s) and the real estate agent/broker, including license numbers and contact information

2. Background: Brief context explaining the buyer's intention to purchase property and desire to engage the agent's services

3. Definitions: Key terms used throughout the agreement including 'Exclusive Right', 'Property Requirements', 'Purchase Price Range', and 'Territory'

4. Appointment of Agent: Formal designation of the agent as the buyer's exclusive representative

5. Term of Agreement: Duration of the exclusive agreement, including start and end dates

6. Agent's Obligations: Detailed list of services the agent agrees to provide, including property search, showings, and negotiations

7. Buyer's Obligations: Buyer's commitments, including working exclusively with the agent and providing necessary information

8. Compensation: Details of the agent's commission structure, including rate and payment terms

9. Agency Relationships: Mandatory disclosure of agency relationships as required by state law

10. Termination: Conditions and process for ending the agreement

11. Dispute Resolution: Process for handling disagreements, including mediation or arbitration provisions

12. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

What sections are optional to include in a Buyer Agent Exclusive Agreement?

1. Dual Agency Consent: Required if the brokerage may represent both buyer and seller in a transaction

2. Property Requirements: Detailed section specifying buyer's criteria when searching for specific types of properties

3. Protection Period: Post-termination period during which the agent may still be entitled to compensation

4. Teams and Assistants: Required when the agent works with a team and wants to specify who may assist with the representation

5. Virtual Services: Added when services may be provided remotely or electronically

6. REO/Short Sale Provisions: Required when buyer is specifically interested in distressed properties

What schedules should be included in a Buyer Agent Exclusive Agreement?

1. Schedule A - Buyer's Property Requirements: Detailed list of buyer's desired property characteristics, location preferences, and price range

2. Schedule B - Agent's Services: Comprehensive list of specific services included in the representation

3. Schedule C - Commission Structure: Detailed breakdown of commission rates for different types of transactions

4. Appendix 1 - State-Mandated Disclosures: Required state-specific real estate agency disclosure forms

5. Appendix 2 - Fair Housing Notice: Mandatory fair housing information and compliance statement

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

Agency Agreement

Cost

Free to use
Relevant Industries

Real Estate

Financial Services

Legal Services

Property Development

Professional Services

Construction

Insurance

Relevant Teams

Legal

Real Estate Operations

Compliance

Risk Management

Property Acquisition

Contract Administration

Transaction Processing

Client Services

Document Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Buyer's Agent

Managing Broker

Real Estate Attorney

Compliance Officer

Contract Administrator

Real Estate Transaction Coordinator

Property Acquisition Manager

Real Estate Operations Manager

Legal Counsel

Risk Management Officer

Industries
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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