The Real Estate Agent Commission Agreement serves as the foundational document governing the business relationship between property owners and real estate professionals in the United States. This agreement is essential for clearly defining commission structures, protecting both parties' interests, and ensuring compliance with state and federal regulations. It typically includes specific details about the property, listing duration, commission rates, marketing responsibilities, and conditions for payment. The agreement must adhere to state-specific real estate laws and the Real Estate Settlement Procedures Act (RESPA).
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1. Parties: Identification of the real estate agent/broker and property owner
2. Background: Context of the agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the agent
5. Commission Structure: Terms of payment including rate and conditions
6. Duration: Term of the agreement including start and end dates
7. Termination: Conditions and process for ending the agreement
1. Marketing Plan: Specific marketing strategies to be employed when selling luxury properties or upon owner request
2. Additional Services: Special services beyond standard listing and showing, applicable when agent offers premium services
3. Performance Metrics: Specific targets or KPIs, typically used in high-value transactions or with institutional clients
1. Property Details Schedule: Detailed description of the property being sold
2. Commission Rate Schedule: Detailed breakdown of commission rates and scenarios
3. Marketing Materials Appendix: Samples or templates of marketing materials to be used
4. Required Disclosures: State-mandated real estate disclosures
Agreement
Agent
Broker
Brokerage Firm
Commission
Effective Date
Exclusive Right to Sell
Listing Period
Listing Price
Marketing Services
Multiple Listing Service (MLS)
Net Sales Price
Property
Owner
Protected Period
Purchase Agreement
Qualified Buyer
Real Estate Transaction
Sale
Seller
Selling Price
Term
Territory
Transaction
Valid Contract of Sale
Appointment and Authority
Commission Structure
Payment Terms
Duration and Termination
Exclusivity
Marketing Services
Agent Obligations
Owner Obligations
Property Access
Representation and Warranties
Indemnification
Confidentiality
Protected Period
Multiple Listing Services
Commission Protection
Dispute Resolution
Force Majeure
Assignment
Amendments
Governing Law
Notices
Severability
Entire Agreement
Counterparts
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