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Exclusive Transaction Broker Agreement Template for United States

An Exclusive Transaction Broker Agreement is a legally binding contract used in the United States real estate market that establishes an exclusive relationship between a licensed real estate broker and a client. This agreement defines the broker's role as a neutral facilitator who assists both parties in a real estate transaction without acting as an agent for either side. The document outlines services provided, compensation terms, duration of the agreement, and specific obligations of both parties while complying with federal and state-specific real estate regulations.

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What is a Exclusive Transaction Broker Agreement?

The Exclusive Transaction Broker Agreement is commonly used in U.S. real estate transactions when a client seeks professional assistance in buying or selling property while maintaining a non-agency relationship. This document is particularly relevant in states that recognize transaction brokerage as a distinct form of real estate service. The agreement typically includes detailed service descriptions, compensation structures, term conditions, and compliance requirements with both federal and state real estate laws. It provides a clear framework for transaction brokers to assist clients while maintaining neutrality and avoiding traditional agency obligations.

What sections should be included in a Exclusive Transaction Broker Agreement?

1. Parties: Identification of broker and client with full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement including 'Transaction Broker', 'Exclusive Rights', and other relevant terminology

4. Scope of Services: Detailed description of broker's services and obligations as a transaction broker

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

6. Compensation: Commission structure and payment terms

7. Broker's Obligations: Specific duties and responsibilities of the broker including confidentiality and disclosure requirements

8. Client's Obligations: Specific duties and responsibilities of the client including exclusivity commitments

9. Representations and Warranties: Statements of fact and guarantees made by both parties

10. Governing Law: Specification of applicable state law and jurisdiction

What sections are optional to include in a Exclusive Transaction Broker Agreement?

1. Property Description: Specific property details if agreement relates to particular property

2. Marketing Services: Detailed marketing strategy and obligations if included in scope

3. Virtual Services: Provisions for virtual showings and digital services if offered

4. Dispute Resolution: Mediation and arbitration procedures if parties wish to include alternative dispute resolution

What schedules should be included in a Exclusive Transaction Broker Agreement?

1. Schedule A - Fee Structure: Detailed breakdown of all fees and commission structures

2. Schedule B - Property Details: Specific property information if applicable

3. Appendix 1 - Required Disclosures: State-mandated disclosures and forms

4. Appendix 2 - Service Level Agreement: Detailed description of service standards and expectations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use

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