Real Estate Agent Contract With Seller for the United States

Real Estate Agent Contract With Seller Template for United States

A Real Estate Agent Contract with Seller is a legally binding agreement used in the United States that establishes the terms and conditions under which a licensed real estate agent or broker will represent a property owner in the sale of their property. The document outlines the agent's responsibilities, commission structure, listing duration, marketing commitments, and various legal obligations under federal and state real estate laws. It serves as the foundational document for the agent-seller relationship and must comply with both federal regulations and state-specific real estate requirements.

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What is a Real Estate Agent Contract With Seller?

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.

What sections should be included in a Real Estate Agent Contract With Seller?

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

What sections are optional to include in a Real Estate Agent Contract With Seller?

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

What schedules should be included in a Real Estate Agent Contract With Seller?

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

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

Agency Agreement

Cost

Free to use
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law that requires disclosure of real estate settlement processes and prohibits kickbacks or referral fees

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

ADA: Americans with Disabilities Act - Federal law ensuring equal access and preventing discrimination against individuals with disabilities

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

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions based on various protected characteristics

State Real Estate Licensing Laws: State-specific regulations governing real estate agent licensing requirements, obligations, and professional conduct

State Agency Disclosure Requirements: State laws requiring disclosure of agency relationships between real estate professionals and their clients

State Real Estate Commission Regulations: Rules and regulations set by state real estate commissions governing professional conduct and transaction requirements

State Contract Laws: General contract law principles and requirements specific to each state governing formation and enforcement of contracts

State Property Laws: State-specific laws governing real property rights, transfers, and obligations

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORSยฎ for member conduct

MLS Regulations: Rules governing the use and participation in Multiple Listing Services, including listing requirements and cooperation between agents

Property Disclosure Requirements: State-mandated disclosures about property condition, defects, and other material facts that must be provided to buyers

Local Zoning Laws: Municipal and local regulations governing property use, restrictions, and development requirements

Commission Structure Regulations: State and federal rules governing how real estate commissions can be structured, shared, and disclosed

Agency Relationship Requirements: Legal requirements for establishing, maintaining, and disclosing agency relationships between real estate professionals and clients

Dual Agency Restrictions: State-specific rules governing when and how real estate agents can represent both parties in a transaction

Transaction Documentation Requirements: State-mandated requirements for documenting real estate transactions, including necessary forms and record-keeping obligations

Marketing and Advertising Regulations: State and federal rules governing how real estate services and properties can be marketed and advertised to the public

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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