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Broker Exclusive Agreement for the United States

Broker Exclusive Agreement Template for United States

A Broker Exclusive Agreement is a legally binding contract used in the United States real estate industry that establishes an exclusive relationship between a property owner/seller and a licensed real estate broker. The agreement grants the broker sole and exclusive rights to market and sell the property for a specified period, typically including terms for compensation, duration, marketing obligations, and protection periods. This document is governed by both federal laws (such as RESPA and Fair Housing Act) and state-specific real estate regulations.

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Broker Exclusive Agreement

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What is a Broker Exclusive Agreement?

The Broker Exclusive Agreement serves as a fundamental document in U.S. real estate transactions, establishing clear terms for the professional relationship between property owners and brokers. This agreement is essential when property owners seek dedicated representation and want to ensure their broker has sufficient motivation to invest time and resources in marketing their property. The document typically specifies the broker's exclusive right to market and sell the property, commission structures, service scope, and protection periods. Subject to both federal and state real estate laws, this agreement provides legal protection for both parties while clarifying their respective rights and obligations.

What sections should be included in a Broker Exclusive Agreement?

1. Parties: Identification of the 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

4. Scope of Services: Detailed description of broker's services and responsibilities

5. Exclusivity Terms: Duration and nature of exclusive relationship

6. Compensation: Commission structure and payment terms

7. Term and Termination: Duration of agreement and termination conditions

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

1. Protection Period: Post-termination period where broker maintains rights to commission for leads generated during the agreement

2. Marketing Commitments: Specific marketing activities the broker will undertake, including timelines and deliverables

3. Virtual Services: Provisions for online or virtual services including virtual tours and digital marketing

What schedules should be included in a Broker Exclusive Agreement?

1. Property Details Schedule: Specific information about property(ies) covered by the agreement including location, type, and specifications

2. Commission Schedule: Detailed breakdown of commission structures and scenarios for different transaction types

3. Marketing Plan: Detailed marketing strategy and commitments including timelines and specific activities

4. Agency Disclosure Form: State-required agency relationship disclosure form as mandated by local regulations

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Broker Agreement

Cost

Free to use
Clauses

























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, disability, and familial status

Sherman Antitrust Act: Federal law ensuring fair competition and prohibiting monopolistic practices in real estate brokerage

Truth in Lending Act: Federal law requiring disclosure of credit terms and financing details in real estate transactions

Americans with Disabilities Act: Federal law ensuring accessibility and preventing discrimination against individuals with disabilities

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

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

State Consumer Protection Laws: State-specific laws protecting consumers in real estate transactions from unfair or deceptive practices

NAR Code of Ethics: Professional standards and ethical guidelines established by the National Association of REALTORS喔⑧笌

Agency Disclosure Requirements: Legal requirements for disclosing broker-client relationships and responsibilities

Fiduciary Responsibilities: Legal obligations of brokers to act in the best interest of their clients, including loyalty, confidentiality, and due diligence

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

UETA and E-SIGN Act: Federal and state laws governing electronic signatures and digital contract execution

Data Privacy Laws: Regulations governing the collection, storage, and protection of personal information in real estate transactions

Anti-Money Laundering Regulations: Federal requirements for identifying and reporting suspicious financial transactions in real estate

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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