Exclusive Buyer Tenant Representation Agreement for the United States

Exclusive Buyer Tenant Representation Agreement Template for United States

An Exclusive Buyer Tenant Representation Agreement is a legally binding contract used in the United States real estate market that establishes an exclusive relationship between a real estate broker/agent and a buyer or tenant seeking property. The agreement outlines the broker's duties to locate and negotiate for properties on behalf of the client, compensation terms, and the exclusive nature of the relationship. It provides protection for both parties and typically includes state-specific provisions to comply with local real estate laws.

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What is a Exclusive Buyer Tenant Representation Agreement?

The Exclusive Buyer Tenant Representation Agreement is a crucial document in U.S. real estate transactions that formalizes the professional relationship between a broker and a client seeking to purchase or lease property. This agreement ensures that the broker's interests are protected while providing the client with dedicated representation services. The document typically includes specific terms about the scope of services, compensation structure, duration of the agreement, and the exclusive nature of the relationship. It's particularly important in competitive real estate markets where clear representation agreements are essential for protecting all parties' interests.

What sections should be included in a Exclusive Buyer Tenant Representation Agreement?

1. Parties: Identification of the broker/agent and the buyer/tenant, including full legal names and contact details

2. Background: Brief context explaining the purpose of the agreement and the parties' intentions

3. Definitions: Key terms used throughout the agreement including 'Exclusive Period', 'Property Requirements', 'Territory', etc.

4. Scope of Services: Detailed description of services the broker will provide to the buyer/tenant

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

6. Compensation: Fee structure, payment terms, and conditions for commission

7. Duties and Obligations: Responsibilities of both parties during the agreement period

8. Agency Relationship: Clear statement of the exclusive nature of representation

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

1. Property Requirements: Specific criteria for desired property - used when buyer/tenant has specific requirements that need documentation

2. Protected Properties: List of properties already identified - used when buyer has already viewed properties before signing agreement

3. Dispute Resolution: Mediation and arbitration procedures - used when parties prefer alternative dispute resolution to litigation

4. Assignment: Rights to assign the agreement - used when either party might need to transfer rights

What schedules should be included in a Exclusive Buyer Tenant Representation Agreement?

1. Schedule A - Property Requirements: Detailed specifications of desired property characteristics

2. Schedule B - Territory: Geographic area covered by the agreement

3. Schedule C - Fee Structure: Detailed breakdown of fees and commission calculations

4. Appendix 1 - Agency Disclosure: State-mandated agency relationship disclosure form

5. Appendix 2 - Protected Properties: List of properties already shown or discussed

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
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes

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

ADA Compliance: Americans with Disabilities Act requirements ensuring accessible commercial spaces and reasonable accommodations

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

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including real estate financing

State Licensing Laws: State-specific requirements for real estate broker and agent licensing, including continuing education and practice standards

Agency Disclosure Requirements: State-mandated rules for disclosing representation relationships between brokers and clients

State Broker Regulations: State-specific rules governing broker conduct, responsibilities, and business practices

State Consumer Protection Laws: State laws protecting consumers in real estate transactions from unfair or deceptive practices

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORSยฎ

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

Agency Law: Legal principles governing the fiduciary relationship between real estate agents and their clients

Local Zoning Laws: Municipal regulations governing property use, occupancy, and development

Dispute Resolution Requirements: State and federal requirements for handling disputes in real estate transactions, including mediation and arbitration provisions

Confidentiality Laws: Legal requirements regarding the protection and disclosure of confidential client 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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