For Sale By Owner Commission Agreement for the United States

For Sale By Owner Commission Agreement Template for United States

A For Sale By Owner Commission Agreement is a legal contract used in the United States between a property owner who is selling their property independently and a real estate professional who may provide limited services or bring a buyer. This document outlines the terms of compensation for successful sale completion, specific services to be provided (if any), and the conditions under which commission becomes payable. It protects both parties' interests while clearly defining the scope of the professional's involvement in the transaction.

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What is a For Sale By Owner Commission Agreement?

The For Sale By Owner Commission Agreement serves property owners who choose to sell their property independently while still maintaining the option to work with real estate professionals under specific terms. This document is crucial in the United States real estate market where FSBO transactions represent a significant portion of property sales. It establishes clear parameters for commission payments, protecting both the property owner and real estate professionals involved. The agreement typically includes commission rates, payment terms, duration of the agreement, and any specific services to be provided.

What sections should be included in a For Sale By Owner Commission Agreement?

1. Parties: Identification of property owner and real estate professional

2. Background: Context of the agreement and property details

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being sold

5. Commission Structure: Terms of payment, amount, and conditions for commission

6. Term of Agreement: Duration of the agreement and any renewal provisions

7. Signatures: Execution block for all parties

What sections are optional to include in a For Sale By Owner Commission Agreement?

1. Marketing Services: Specific marketing services to be provided, if any

2. Dispute Resolution: Mediation and arbitration provisions

3. Termination Rights: Specific conditions for early termination

What schedules should be included in a For Sale By Owner Commission Agreement?

1. Property Details Schedule: Detailed property specifications and inclusions/exclusions

2. Marketing Plan: Detailed marketing strategy and commitments, if applicable

3. Commission Calculator: Detailed breakdown of commission calculations in various scenarios

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

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

Cost

Free to use
Industries

Real Estate Laws: Including state-specific real estate licensing laws, Real Estate Settlement Procedures Act (RESPA), and state real estate commission regulations. These form the fundamental regulatory framework for real estate transactions.

Contract Laws: Encompasses state-specific contract laws, Statute of Frauds requirements (requiring real estate contracts to be in writing), and state-specific requirements for valid consideration in contractual agreements.

Agency Laws: Covers state laws regarding real estate agency relationships, disclosure requirements, and fiduciary duties between agents and principals in real estate transactions.

Fair Housing Laws: Includes the Federal Fair Housing Act, state and local fair housing regulations, and anti-discrimination provisions to ensure equal treatment in real estate transactions.

Consumer Protection Laws: Encompasses state consumer protection statutes, Truth in Lending Act (if applicable), and cooling-off period requirements that protect consumer interests in real estate transactions.

Commission Regulations: Covers state regulations on real estate commissions, requirements for commission agreements, and commission dispute resolution procedures specific to real estate transactions.

Disclosure Requirements: Includes property condition disclosure requirements, material defect disclosure obligations, and agency relationship disclosures mandated by state and federal laws.

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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