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Non Exclusive Buyer Agency Agreement for the United States

Non Exclusive Buyer Agency Agreement Template for United States

A Non-Exclusive Buyer Agency Agreement is a legal contract used in the United States real estate market that establishes a professional relationship between a buyer and a real estate agent/broker. Unlike exclusive agreements, this contract allows the buyer to work with multiple agents and maintains their right to purchase property without agent representation. The agreement outlines the agent's duties, compensation structure, and terms of service while providing flexibility for the buyer.

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Non Exclusive Buyer Agency Agreement

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What is a Non Exclusive Buyer Agency Agreement?

The Non-Exclusive Buyer Agency Agreement serves as a flexible solution for real estate transactions in the United States, particularly suitable for buyers who wish to maintain relationships with multiple agents or retain the option to act independently. This agreement defines the scope of services provided by the agent, including property search, market analysis, and negotiation support, while protecting both parties' interests. The non-exclusive nature differentiates it from traditional exclusive agreements, offering greater freedom to buyers while still ensuring agents can receive compensation for their services when successfully representing the buyer in a transaction.

What sections should be included in a Non Exclusive Buyer Agency Agreement?

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

2. Background: Context of the agreement and general purpose

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

6. Compensation: Commission structure and payment terms

7. Agency Relationship: Definition of the non-exclusive relationship

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

9. Termination: Conditions and procedures for ending the agreement

10. Governing Law: Applicable state law and jurisdiction

What sections are optional to include in a Non Exclusive Buyer Agency Agreement?

1. Property Specifications: Detailed criteria for desired property, including location, price range, and features

2. Additional Services: Supplementary services beyond standard representation, such as property inspection coordination or mortgage assistance

3. International Considerations: Special provisions for international buyers, including currency considerations and foreign investment requirements

4. Dispute Resolution: Procedures for handling disputes, including mediation or arbitration provisions

What schedules should be included in a Non Exclusive Buyer Agency Agreement?

1. Schedule A - Agency Disclosure Form: State-mandated agency relationship disclosure form

2. Schedule B - Service Fee Schedule: Detailed breakdown of all potential fees and charges

3. Schedule C - Property Requirements Checklist: Detailed list of buyer's property preferences and requirements

4. Schedule D - State-Specific Disclosures: Additional required disclosures based on state law

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

Agency Agreement

Cost

Free to use
Clauses



















Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions, including requirements for disclosures about settlement services, settlement costs, and business relationships between settlement service providers

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

ECOA: Equal Credit Opportunity Act protecting against discrimination in credit transactions related to real estate purchases

TILA: Truth in Lending Act requiring disclosure of credit terms and protecting consumers in credit transactions related to real estate

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

State Agency Disclosure: State-mandated requirements for disclosing agency relationships between brokers/agents and clients

Commission Regulations: State-specific rules governing real estate commission structures, payments, and disclosures

State Consumer Protection: State laws protecting consumers in real estate transactions, including fraud prevention and fair business practices

State Contract Law: State-specific requirements for valid contracts, including essential elements, enforcement, and remedies

NAR Code of Ethics: Professional standards and ethical requirements set by the National Association of REALTORS喔⑧笌 for member conduct

Real Estate Board Regulations: State and local real estate board rules governing professional conduct, transactions, and dispute resolution

Agency Relationship Requirements: Legal requirements for defining and documenting the relationship between agent and buyer, including duties and obligations

Property Disclosure Requirements: State-mandated disclosures regarding property condition, defects, and material facts

Compensation Structure Requirements: Legal requirements for documenting and disclosing agent compensation, including commission structures and payment terms

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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