Real Estate Broker Contract for the United States

Real Estate Broker Contract Template for United States

A Real Estate Broker Contract is a legally binding agreement used throughout the United States that establishes the professional relationship between a licensed real estate broker and their client. This document outlines the scope of services, compensation structure, duration of the agreement, and the specific responsibilities of both parties. It must comply with federal regulations such as RESPA and the Fair Housing Act, as well as state-specific real estate laws and licensing requirements.

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What is a Real Estate Broker Contract?

The Real Estate Broker Contract serves as the foundational document governing the relationship between real estate professionals and their clients in the United States. This agreement is essential for defining the terms of service, establishing commission structures, and ensuring compliance with both federal and state-specific real estate regulations. The contract typically includes provisions for listing or buying services, marketing commitments, agency relationships, and commission terms. It's designed to protect both parties' interests while maintaining compliance with jurisdictional requirements and professional standards.

What sections should be included in a Real Estate Broker Contract?

1. Parties: Identifies the broker and client, including full legal names and contact details

2. Background: Context of the agreement and basic premises

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services the broker will provide

5. Term and Termination: Duration of agreement and conditions for termination

6. Compensation: Commission structure and payment terms

7. Agency Relationship: Defines the type of agency relationship and related duties

8. Representations and Warranties: Standard promises made by each party

What sections are optional to include in a Real Estate Broker Contract?

1. Dual Agency Provisions: Required if broker might represent both sides in a transaction

2. Property Management Services: Additional services related to property management when broker provides these services

3. Marketing Plan: Specific marketing strategies and commitments for listing agreements

4. International Considerations: Provisions for international clients or properties in cross-border transactions

What schedules should be included in a Real Estate Broker Contract?

1. Schedule A - Property Details: Specific property information and specifications

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures

3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline

4. Appendix A - Required State Disclosures: State-mandated disclosure forms

5. Appendix B - Agency Disclosure Form: Standard agency relationship disclosure

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 governing real estate transactions, including requirements for disclosures, prohibited practices, and settlement procedures

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

ADA Compliance: Americans with Disabilities Act requirements ensuring equal access and non-discrimination for persons with disabilities in real estate transactions

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardization of how credit charges are calculated and disclosed

Equal Credit Opportunity Act: Federal law prohibiting discrimination in credit transactions, including those related to real estate

Anti-Trust Laws: Federal and state laws preventing anti-competitive practices in real estate brokerage services

State Real Estate Commission Regulations: State-specific rules governing real estate broker conduct, licensing, and operational requirements

State Licensing Requirements: Specific state mandates for maintaining real estate broker licenses and operating as a licensed broker

State Agency Relationship Laws: State-specific requirements governing the relationship between brokers and their clients, including disclosure obligations

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

Statute of Frauds: Legal requirement that real estate contracts must be in writing to be enforceable

Consumer Protection Statutes: State and federal laws protecting consumers in real estate transactions from unfair or deceptive practices

Commission Regulations: State-specific rules governing how real estate commissions can be structured and must be disclosed

Dual Agency Regulations: Rules governing situations where a broker represents both buyer and seller, including required disclosures and constraints

Environmental Disclosure Requirements: Federal and state requirements for disclosure of environmental hazards, including lead-based paint and other environmental concerns

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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