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Real Estate Broker Agent Commission Split Agreement for the United States

Real Estate Broker Agent Commission Split Agreement Template for United States

A Real Estate Broker Agent Commission Split Agreement is a legally binding document used in the United States that establishes the terms and conditions for how commissions earned from real estate transactions will be divided between a broker and their agent. The agreement complies with state-specific real estate regulations and federal laws, including RESPA and Fair Housing Act requirements. It outlines the split percentages, payment terms, and conditions under which commissions are earned and distributed.

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Real Estate Broker Agent Commission Split Agreement

Let tiktok成人版's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.

What is a Real Estate Broker Agent Commission Split Agreement?

The Real Estate Broker Agent Commission Split Agreement is essential for establishing clear financial terms between brokers and agents in the United States real estate industry. This document is typically implemented when a new agent joins a brokerage or when existing commission arrangements need modification. It addresses crucial elements such as commission percentages, payment schedules, and performance expectations while ensuring compliance with state-specific real estate regulations and federal requirements. The agreement helps prevent disputes and provides a clear framework for the business relationship.

What sections should be included in a Real Estate Broker Agent Commission Split Agreement?

1. Parties: Identification of the broker and agent, including license numbers

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

3. Definitions: Key terms used throughout the agreement

4. Commission Split Structure: Detailed breakdown of commission splits and calculations

5. Payment Terms: Timeline and method of commission payments

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

7. Independent Contractor Status: Clarification of agent's employment status

What sections are optional to include in a Real Estate Broker Agent Commission Split Agreement?

1. Training and Support: Details of broker-provided training and support services when broker offers significant training programs

2. Marketing Requirements: Specific marketing obligations and standards when specific marketing requirements exist

3. Technology Usage: Terms for using broker-provided technology when broker provides specific technology tools

4. Non-Compete Clause: Restrictions on competitive activities where permitted by state law and desired by broker

What schedules should be included in a Real Estate Broker Agent Commission Split Agreement?

1. Commission Schedule: Detailed breakdown of commission split percentages and scenarios

2. Office Policy Manual: Reference to broker's standard operating procedures

3. Technology Agreement: Terms of use for specific technology platforms

4. Marketing Guidelines: Specific requirements for branding and marketing

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 services, including rules about kickbacks and referral fees in commission arrangements

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, which must be considered when structuring commission agreements to ensure they don't inadvertently incentivize discriminatory practices

Sherman Antitrust Act: Federal antitrust law that prohibits anti-competitive practices, particularly relevant to commission structures to avoid price-fixing allegations

Internal Revenue Code: Federal tax regulations governing the reporting and taxation of commission income for real estate professionals

State Real Estate Commission Regulations: State-specific rules governing real estate transactions, licensing requirements, and commission arrangements within the state

State Licensing Requirements: Specific state mandates for maintaining real estate licenses and any restrictions on commission arrangements for licensed professionals

State Labor Laws: Regulations governing worker classification (independent contractor vs. employee) and related employment requirements that affect commission structures

State Contract Laws: General contract formation and enforcement requirements, including Statute of Frauds and validity requirements for commission agreements

Agency Laws: State-specific requirements governing agency relationships, fiduciary duties, and disclosure obligations in real estate transactions

NAR Code of Ethics: Professional standards set by the National Association of REALTORS喔⑧笌 that impact commission arrangements and professional conduct

State Real Estate Association Requirements: Additional professional standards and requirements imposed by state-level real estate associations

Local Real Estate Board Regulations: Specific rules and requirements imposed by local real estate boards that may affect commission split arrangements

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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