Seller Agent Contract for the United States

Seller Agent Contract Template for United States

A Seller Agent Contract is a legally binding agreement between a property owner and a real estate agent/broker in the United States, establishing the terms under which the agent will represent the seller in the sale of their property. This document outlines commission structures, duration of representation, marketing responsibilities, and specific services to be provided. It incorporates federal regulations such as RESPA and Fair Housing Act requirements, along with state-specific real estate laws and licensing requirements.

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What is a Seller Agent Contract?

The Seller Agent Contract serves as the foundational document establishing a professional relationship between property owners and real estate professionals. This contract type is essential when a property owner wishes to engage a licensed real estate agent to market and sell their property in the United States. It protects both parties by clearly defining responsibilities, compensation, and terms of service while ensuring compliance with federal and state real estate regulations. The document is particularly important as it establishes agency relationship, outlines commission structures, and details marketing commitments.

What sections should be included in a Seller Agent Contract?

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 services to be provided by the agent

5. Commission Structure: Terms of payment and commission rates

6. Duration of Agreement: Term length and renewal conditions

7. Termination Rights: Conditions under which either party may terminate the agreement

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

1. Marketing Plan: Detailed marketing strategy for the property, used for higher-value properties or when specific marketing commitments are required

2. Additional Services: Any extra services beyond standard listing and selling, applicable when agent offers premium or additional services

3. Dual Agency Provisions: Terms governing situations where agent represents both buyer and seller, applicable in jurisdictions where dual agency is permitted

What schedules should be included in a Seller Agent Contract?

1. Property Details Schedule: Detailed description of the property being sold

2. Commission Schedule: Detailed breakdown of commission structure and payment terms

3. Marketing Services Schedule: Detailed list of marketing activities to be undertaken

4. Required Disclosures: State-mandated real estate disclosures and forms

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 and settlement processes

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

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, including real estate financing

Americans with Disabilities Act: Federal law ensuring equal access and preventing discrimination against individuals with disabilities in real estate transactions

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

State Agency Disclosure Requirements: State-specific rules requiring disclosure of agency relationships between real estate professionals and clients

State Real Estate Commission Regulations: State-specific rules and guidelines governing real estate commissions and fee structures

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

Federal Trade Commission Regulations: Federal rules protecting consumers from deceptive or unfair business practices in real estate transactions

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive data

Sherman Antitrust Act: Federal law prohibiting anti-competitive behavior and monopolistic practices in real estate markets

Clayton Act: Federal law supplementing the Sherman Act, addressing specific types of anti-competitive conduct and price discrimination

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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