The Real Estate Agent Contract with Seller is essential whenever a property owner wishes to engage a professional real estate agent to sell their property in the United States. This contract type establishes the formal listing relationship, detailing crucial elements such as the listing price, commission rate, marketing strategies, and the duration of the listing. It ensures compliance with federal laws like RESPA and the Fair Housing Act, as well as state-specific real estate regulations. The document protects both parties' interests by clearly defining roles, responsibilities, and expectations throughout the selling process.
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1. Parties: Identification of the seller and the real estate agent/broker
2. Background: Context of the agreement and property details
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of agent's duties and responsibilities
5. Property Description: Detailed description of the property being listed
6. Listing Price: Agreed listing price and pricing strategy
7. Commission Structure: Commission rate and payment terms
8. Term of Agreement: Duration of the listing agreement
9. Termination Rights: Conditions under which either party can terminate the agreement
1. Dual Agency Provisions: Required if dual agency is permitted and possible - use when the agent might represent both seller and buyer
2. Marketing Budget: Specific marketing commitments and cost allocations - use when specific marketing arrangements are agreed upon
3. Virtual Tours/Photography: Special provisions for digital marketing - use when specific digital marketing services are included
1. Property Details Schedule: Detailed property specifications and features
2. Marketing Plan: Detailed marketing strategy and timeline
3. Agency Disclosure Form: State-mandated agency relationship disclosure
4. Property Disclosure Statement: Seller's disclosure of property condition
Agreement
Agent
Broker
Brokerage Firm
Commission
Earnest Money
Effective Date
Exclusive Right to Sell
Listing Period
Listing Price
Marketing Materials
MLS (Multiple Listing Service)
Net Proceeds
Property
Purchase Agreement
Qualified Buyer
Real Estate Transaction
Sale Price
Seller
Term
Title
Protected Period
Dual Agency
Virtual Tour
Cooperating Broker
Selling Office Commission (SOC)
Marketing Plan
Closing Date
Confidential Information
Force Majeure
Agency Appointment
Scope of Services
Listing Terms
Commission
Property Description
Marketing Authorization
Pricing
Term and Termination
Representations and Warranties
Confidentiality
Agency Disclosure
Multiple Listing Service
Dual Agency
Indemnification
Insurance
Intellectual Property
Marketing Requirements
Payment Terms
Property Access
Seller's Obligations
Agent's Obligations
Dispute Resolution
Governing Law
Assignment
Force Majeure
Notices
Entire Agreement
Amendments
Severability
Protected Period
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