Exclusive Seller Brokerage Agreement for the United States

Exclusive Seller Brokerage Agreement Template for United States

An Exclusive Seller Brokerage Agreement is a legally binding contract used in the United States real estate market between a property owner and a real estate brokerage firm. This agreement grants the broker exclusive rights to sell the property for a specified period, defining the terms of representation, commission structure, and mutual obligations. The document must comply with both federal regulations and state-specific real estate laws, including RESPA and state licensing requirements.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Exclusive Seller Brokerage Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Exclusive Seller Brokerage Agreement?

The Exclusive Seller Brokerage Agreement is essential when a property owner wants to engage a professional real estate broker to sell their property in the United States. This document establishes an exclusive relationship where the broker becomes the sole authorized representative for selling the property. The agreement typically includes listing price, commission rates, marketing strategies, duration of representation, and specific services to be provided. It protects both parties' interests and ensures compliance with federal and state real estate regulations. The agreement is particularly important as it defines the scope of the broker's authority and the seller's obligations during the sales process.

What sections should be included in a Exclusive Seller Brokerage Agreement?

1. Parties: Identification of the seller and the brokerage firm

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Scope of broker's authority and exclusivity terms

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

6. Broker's Obligations: Services to be provided by the broker

7. Seller's Obligations: Responsibilities and commitments of the seller

8. Commission: Commission rate, payment terms, and conditions

9. Termination: Conditions and procedures for ending the agreement

What sections are optional to include in a Exclusive Seller Brokerage Agreement?

1. Dual Agency: Terms for situations where broker represents both buyer and seller (include when dual agency is permitted in the jurisdiction)

2. Virtual Tours/Photography: Terms regarding virtual marketing materials and digital marketing services

3. International Marketing: Provisions for marketing property internationally (typically for luxury or high-end properties)

What schedules should be included in a Exclusive Seller Brokerage Agreement?

1. Property Description Schedule: Detailed description of the property being listed

2. Commission Schedule: Detailed breakdown of commission structures and scenarios

3. Marketing Plan: Detailed marketing strategy and activities

4. Required State Disclosures: State-mandated disclosure forms and requirements

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

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

TILA: 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

ADA Compliance: Americans with Disabilities Act - Ensures equal access and non-discrimination for persons with disabilities in real estate transactions

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

E-SIGN Act: Federal Electronic Signatures Act - Governs the legal validity of electronic signatures and records in real estate transactions

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

Agency Disclosure Requirements: State-mandated rules requiring disclosure of agency relationships between brokers and clients

State Real Estate Commission Rules: Regulatory framework established by state real estate commissions governing broker conduct and transactions

State Contract Laws: State-specific laws governing the formation, execution, and enforcement of real estate contracts

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 established by the National Association of REALTORSยฎ

MLS Regulations: Rules and regulations governing the use and participation in Multiple Listing Services

Commission Structure: Legal requirements and restrictions regarding real estate commission rates and payment terms

Agency Duration Rules: Legal requirements regarding the term and duration of brokerage agreements

Broker Authority Scope: Legal framework defining the extent and limitations of broker's authority in representing sellers

Disclosure Requirements: Mandatory disclosures regarding property condition, material facts, and potential conflicts of interest

Dispute Resolution: Legal requirements for handling disputes and establishing arbitration or mediation procedures

Dual Agency Regulations: State-specific rules governing situations where a broker represents both buyer and seller

Marketing Requirements: Legal and regulatory requirements for property marketing, advertising, and promotional activities

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

Find the exact document you need

Exclusive Contract With A Real Estate Agent

A U.S.-governed contract establishing an exclusive relationship between a property owner and real estate agent, granting sole rights for property marketing and sale/lease.

find out more

Business Broker Engagement Agreement

A U.S.-governed agreement establishing terms between a business broker and seller for business sale services, including scope, compensation, and obligations.

find out more

Business Broker Agreement

A U.S.-governed agreement establishing terms between a business broker and business owner for the sale of a business, including commission structure and service terms.

find out more

Buyer Tenant Representation Agreement

A U.S.-governed agreement establishing an exclusive relationship between a real estate broker and a client seeking to lease or purchase property, outlining representation terms and obligations.

find out more

Buyer Broker Commission Agreement

A U.S. real estate contract establishing terms and commission structure for a broker's representation of a property buyer.

find out more

Buyer Agent Commission Agreement

A U.S. real estate contract establishing the terms of representation and commission structure between a property buyer and their real estate agent.

find out more

Business Broker Listing Agreement

A U.S.-governed agreement establishing the terms under which a business broker represents a business owner in selling their business, including scope of services, compensation, and obligations.

find out more

Co Broker Agreement

A U.S.-governed agreement between two brokerage firms establishing terms for business cooperation and commission sharing arrangements.

find out more

Buyer Broker Exclusive Agreement

A U.S. real estate contract establishing an exclusive relationship between a property buyer and broker, defining services, compensation, and mutual obligations.

find out more

Buyer Broker Agreement

A U.S.-governed agreement establishing the terms and conditions between a real estate broker and property buyer for property search and acquisition services.

find out more

Wholesale Broker Agreement

A U.S.-governed agreement establishing the relationship between a principal company and a wholesale broker for product/service distribution.

find out more

Transaction Broker Agreement

A U.S. legal agreement establishing a neutral intermediary relationship between a real estate broker and client(s) for property transactions.

find out more

Tenant Broker Agreement

A U.S. legal agreement establishing representation of a tenant by a real estate broker in property leasing matters.

find out more

Split Commission Agreement

A U.S.-governed agreement defining how commissions are shared between multiple parties in a business transaction.

find out more

Seller Listing Agreement

A U.S. legal agreement between a property owner and real estate broker authorizing the marketing and sale of property under specified terms.

find out more

Seller Broker Commission Agreement

A U.S. legal agreement establishing commission terms between a property seller and their real estate broker.

find out more

Seller Agency Agreement

A U.S. legal agreement establishing the terms and conditions under which a real estate agent represents a property seller.

find out more

Sales Broker Agreement

A U.S.-governed contract defining the terms between a company and its sales broker, including commission structures and performance requirements.

find out more

Residential Listing Agreement Compensation To Broker

A U.S. legal agreement defining broker compensation terms for residential property listings.

find out more

Rental Broker Fee Agreement

A U.S. legal agreement establishing terms between rental brokers and clients for property rental services.

find out more

Rental Broker Agreement

A U.S.-governed agreement between property owners and real estate brokers defining the terms and conditions for rental property services.

find out more

Registration Agreement Between Brokers

A U.S. real estate contract establishing cooperation terms and commission arrangements between licensed brokers.

find out more

Registration Agreement Between Broker And Owner

A U.S. real estate contract establishing terms between a broker and property owner for the marketing and potential sale/lease of property.

find out more

Referral Agreement Between Brokers

A U.S.-compliant agreement establishing terms for client referrals between licensed real estate brokers, including commission arrangements and regulatory compliance.

find out more

Real Estate Brokerage Operating Agreement

A U.S.-compliant legal framework establishing the structure and operations of a real estate brokerage firm.

find out more

Real Estate Broker Referral Agreement

A U.S.-governed agreement establishing terms for client referrals between licensed real estate brokers, including fee arrangements and compliance requirements.

find out more

Real Estate Broker Of Record Agreement

A U.S. legal agreement establishing an official relationship between a real estate broker and client for property transactions and representations.

find out more

Real Estate Broker Independent Contractor Agreement

A U.S. legal agreement defining the relationship between a real estate brokerage and an independent contractor agent, including terms of engagement and compensation.

find out more

Real Estate Broker Fee Agreement

A U.S.-governed agreement establishing the terms and compensation structure between a real estate broker and property owner.

find out more

Real Estate Broker Employment Agreement

A U.S.-compliant agreement establishing the terms of engagement between a real estate broker and property owner, including services, compensation, and agency relationship.

find out more

Real Estate Broker Confidentiality Agreement

A U.S. legal agreement protecting confidential information shared between property owners and real estate brokers during property transactions.

find out more

Real Estate Broker Commission Agreement

A U.S. legal agreement defining commission terms between real estate brokers and property owners/sellers.

find out more

Real Estate Broker Agreement

A U.S.-compliant agreement establishing the terms between a property owner and real estate broker for property marketing and sale services.

find out more

Real Estate Broker Agent Commission Split Agreement

A U.S.-compliant agreement defining commission split arrangements between real estate brokers and their agents.

find out more

Real Estate Agent Retainer Agreement

A U.S.-compliant agreement establishing the terms of representation between a real estate agent and client, including services and compensation.

find out more

Real Estate Agent Rental Agreement

A U.S.-governed agreement between property owners and real estate agents for rental property marketing and management services.

find out more

Real Estate Agent Referral Agreement

A U.S.-compliant agreement establishing terms for client referrals between licensed real estate professionals, including fee structures and responsibilities.

find out more

Real Estate Agent Listing Agreement

A U.S.-governed contract between property owners and real estate agents establishing exclusive rights to market and sell property.

find out more

Real Estate Agent Independent Contractor Agreement

A U.S. legal agreement establishing an independent contractor relationship between a real estate brokerage and licensed agent.

find out more

Real Estate Agent Commission Split Agreement

A U.S. legal agreement defining commission split arrangements between real estate brokers and agents.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now