The Real Estate Agent Contract serves as the foundational document governing the relationship between real estate brokers and their agents in the United States. This contract is essential for establishing clear expectations, responsibilities, and compensation structures while ensuring compliance with state and federal regulations. It typically includes provisions for commission splits, marketing responsibilities, training requirements, and compliance with real estate laws. The document is particularly important as real estate agents typically work as independent contractors rather than employees, requiring careful definition of roles and responsibilities.
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1. Parties: Identifies the broker/agency and the agent, including license numbers and contact details
2. Background: Context of the agreement and agent's qualifications, including licensing status
3. Definitions: Key terms used throughout the agreement including commission, territory, and property types
4. Scope of Services: Detailed description of services the agent will provide, including duties and responsibilities
5. Commission Structure: Payment terms, commission splits, and conditions for payment
6. Term and Termination: Duration of agreement, renewal terms, and conditions for termination by either party
7. Compliance Requirements: Legal and regulatory obligations, including fair housing laws and professional standards
8. Representations and Warranties: Statements confirming qualifications, licensing, and legal ability to perform services
1. Non-Compete Clause: Restrictions on competition post-termination, including geographic and temporal limitations
2. Marketing Support: Details of brokerage's marketing assistance provisions and cost sharing arrangements
3. Training Requirements: Mandatory training, development programs, and continuing education requirements
4. Insurance Requirements: Specifications for required insurance coverage and minimum limits
5. Dispute Resolution: Procedures for handling disputes, including mediation and arbitration provisions
1. Schedule A - Commission Schedule: Detailed breakdown of commission structures, splits, and bonus arrangements
2. Schedule B - Office Policies: Brokerage's standard operating procedures and compliance requirements
3. Schedule C - Required Forms: State-mandated forms and disclosures that must be used in transactions
4. Schedule D - Technology Agreement: Terms for using brokerage's technology platforms and systems
5. Schedule E - Territory Definition: Specification of geographic area or market segment covered by the agreement
Relevant legal definitions
Agreement
Agent
Broker
Brokerage
Commission
Closing
Confidential Information
Effective Date
Exclusive Right to Sell Listing
Intellectual Property
Listing
MLS
Net Commission
Property
Real Estate Services
Sales Commission
Scope of Authority
Service Area
Term
Territory
Transaction
Independent Contractor Status
Referral Fee
Protected Client
Marketing Materials
Brokerage Policies
License
Professional Standards
Renewal Period
Termination Date
Clauses
Appointment and Authority
Scope of Services
Independent Contractor Status
Compensation
Commission Structure
Territory
Term and Termination
Compliance
Confidentiality
Non-Compete
Non-Solicitation
Intellectual Property
Insurance
Indemnification
Marketing and Advertising
Training Requirements
Record Keeping
Data Protection
Office Support
Professional Standards
Dispute Resolution
Assignment
Severability
Governing Law
Amendments
Entire Agreement
Notice
Force Majeure
Survival
Technology Use
Relevant Industries
Relevant Teams
Relevant Roles
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