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1. Parties: Identifies and provides full details of the real estate agent/brokerage and the client (seller/buyer)
2. Background: Establishes the context of the agreement, including the agent's qualifications and client's intention to engage real estate services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authorization: Formally establishes the agency relationship and specifies whether it's an exclusive or non-exclusive arrangement
5. Term of Agreement: Specifies the duration of the agreement, including start and end dates
6. Agent's Duties and Responsibilities: Comprehensive list of services and obligations the agent will provide
7. Client's Obligations: Outlines the client's responsibilities, including providing accurate information and necessary access
8. Commission Structure: Details the commission rate, payment terms, and conditions under which commission becomes payable
9. Marketing and Advertising: Specifies the marketing strategies and advertising methods to be employed
10. Agency Relationships: Clarifies the nature of the agency relationship and potential dual agency situations
11. Termination: Conditions and procedures for terminating the agreement by either party
12. Dispute Resolution: Procedures for handling disagreements, including mediation or arbitration provisions
13. Governing Law: Specifies the state law governing the agreement and jurisdiction for disputes
14. Entire Agreement: Standard clause confirming the agreement represents the complete understanding between parties
1. Team Structure: Required when the agent works with a team, defining roles and responsibilities of team members
2. Property Management Services: Included when the agent will provide property management services in addition to sales/purchase representation
3. International Client Provisions: Added for international clients, including specific considerations for foreign transactions
4. Virtual Services: Details provisions for virtual showings and digital services when relevant
5. Specialized Property Provisions: Required for unique properties like commercial, luxury, or agricultural real estate
6. Protection Period: Defines the period after agreement termination during which the agent may still be entitled to commission
7. Additional Service Fees: Included when specific additional services beyond standard representation are offered
1. Schedule A - Property Details: Specific information about the property being sold/sought, including address and characteristics
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline for property promotion
4. Schedule D - Service Package: Itemized list of services included in the agreement
5. Appendix 1 - Agency Disclosure Form: State-mandated agency relationship disclosure document
6. Appendix 2 - Professional Credentials: Agent's licenses, certifications, and relevant professional qualifications
7. Appendix 3 - Marketing Materials Sample: Examples or templates of proposed marketing materials
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