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Buyer Representation Contract Template for United States

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Key Requirements PROMPT example:

Buyer Representation Contract

"I need a Buyer Representation Contract for a first-time home buyer in California, with specific provisions for property searches under $750,000 and a six-month term starting January 2025, including dual agency restrictions."

Document background
The Buyer Representation Contract serves as the foundational document establishing the professional relationship between a property buyer and their chosen real estate representative. This contract type is essential in the U.S. real estate market as it clearly defines the scope of services, responsibilities, and compensation structure while ensuring compliance with state and federal regulations. It protects both parties' interests by setting clear expectations and establishing the framework for the agent-buyer relationship throughout the property search and acquisition process.
Suggested Sections

1. Parties: Identification of the buyer and real estate agent/broker

2. Background: Context of the representation agreement and relationship

3. Definitions: Key terms used throughout the agreement

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

5. Term: Duration of the agreement and renewal terms

6. Compensation: Commission structure and payment terms

7. Agency Relationship: Definition of the fiduciary relationship and duties

8. Representations and Warranties: Statements of fact by both parties

Optional Sections

1. Designated Agency: Used when multiple agents from same brokerage may be involved - applicable in larger brokerages with multiple agents

2. Property Preferences: Specific criteria for property search - used when buyer has specific requirements

3. Dual Agency: Provisions for when agent represents both buyer and seller - applicable in states where dual agency is permitted

4. International Considerations: Special provisions for international buyers - applicable when buyer is a foreign national

Suggested Schedules

1. Agency Disclosure Form: State-mandated disclosure of agency relationships

2. Buyer's Requirements: Detailed list of buyer's property preferences and requirements

3. Commission Schedule: Detailed breakdown of commission structures

4. Service Area Map: Geographic boundaries of agent's service area

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, settlement processes, and required disclosures

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

TILA: 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

ECOA: Equal Credit Opportunity Act - Federal law prohibiting discrimination in credit transactions, including real estate financing

State Licensing Laws: State-specific requirements governing real estate agent and broker licensing, continuing education, and professional conduct

Agency Disclosure Requirements: State-mandated rules requiring disclosure of agency relationships between brokers/agents and their clients

State Broker Regulations: State-specific rules governing broker responsibilities, trust account management, and transaction handling

State Contract Laws: State-specific requirements for valid contracts, including essential elements, enforceability, and remedies

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

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

Commission Rules: State real estate commission regulations governing professional practice, complaints, and disciplinary actions

Local Board Requirements: Specific rules and requirements established by local real estate boards for member agents and brokers

Agency Relationship Documentation: Required documentation defining the scope of representation, duties, and responsibilities between agent and buyer

Compensation Structure: Terms and conditions regarding broker compensation, including commission rates and payment timing

Termination Rights: Conditions and procedures for terminating the buyer representation agreement by either party

Dispute Resolution: Procedures and mechanisms for resolving disputes between parties, including mediation or arbitration requirements

Standardized Forms: State-approved or required contract forms and templates for buyer representation agreements

Mandatory Disclosures: Required state and federal disclosures regarding property condition, agency relationships, and transaction details

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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