Commission Split Agreement Between Agents for the United States

Commission Split Agreement Between Agents Template for United States

A Commission Split Agreement Between Agents is a legally binding document used in the United States real estate industry that formally establishes how commission earnings will be divided between two or more licensed real estate agents. The agreement details the specific terms of commission distribution, responsibilities of each party, duration of the arrangement, and conditions for modification or termination. It ensures compliance with federal and state real estate laws while providing clear guidelines for financial arrangements between collaborating agents.

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What is a Commission Split Agreement Between Agents?

The Commission Split Agreement Between Agents serves as a critical document in the U.S. real estate industry, particularly when agents collaborate on transactions or share territories. This agreement becomes necessary when agents decide to work together on listings, sales, or referrals, ensuring fair compensation and clear expectations. It outlines specific commission percentages, payment terms, and operational responsibilities while maintaining compliance with state real estate regulations and federal laws such as RESPA. The document is particularly valuable for team arrangements, mentor-mentee relationships, or when experienced agents collaborate on high-value properties.

What sections should be included in a Commission Split Agreement Between Agents?

1. Parties: Identification of the agents entering into the agreement and their respective brokerages

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

3. Definitions: Key terms used throughout the agreement

4. Commission Split Terms: Specific percentages or amounts of commission to be split between agents

5. Payment Terms: Timeline and method of commission payments

6. Duration: Term of the agreement and renewal conditions

7. Termination: Conditions and process for ending the agreement

8. Governing Law: Jurisdiction and applicable laws

What sections are optional to include in a Commission Split Agreement Between Agents?

1. Referral Arrangements: Terms for client referrals between agents - include when agents plan to exchange referrals

2. Non-Compete: Restrictions on competing activities - include when protecting specific market segments or client relationships

3. Marketing Expenses: Division of marketing and advertising costs - include when agents share marketing expenses

4. Support Staff: Terms for sharing administrative support - include when agents share staff resources

What schedules should be included in a Commission Split Agreement Between Agents?

1. Commission Split Schedule: Detailed breakdown of commission split percentages for different transaction types

2. Territory Map: Geographic areas covered by the agreement if territory-specific terms apply

3. Marketing Budget: Agreed marketing expenses and cost-sharing details if sharing marketing costs

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
Clauses
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and prohibiting kickbacks or referral fees for settlement services

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

Anti-Trust Laws: Federal laws preventing anti-competitive practices, price fixing, and market allocation in real estate

Internal Revenue Code: Federal tax regulations affecting commission income classification and reporting requirements

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

State Licensing Requirements: Mandatory qualifications and ongoing requirements for maintaining real estate licenses at the state level

State Transaction Laws: State-specific laws governing real estate transactions, including commission splits and disclosure requirements

Fair Labor Standards Act: Federal law establishing wage, overtime, and employment classification standards

IRS Independent Contractor Guidelines: Federal guidelines determining classification of real estate agents as independent contractors versus employees

Broker Supervision Requirements: State-mandated obligations for broker oversight of agent activities and transactions

MLS Rules: Multiple Listing Service regulations affecting commission cooperation and compensation

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

State REALTORยฎ Guidelines: State-specific professional standards and practices for REALTORยฎ association members

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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