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Tenant Broker Agreement for the United States

Tenant Broker Agreement Template for United States

A Tenant Broker Agreement is a legal contract used in the United States that establishes a professional relationship between a tenant (individual or business) and a licensed real estate broker who will represent their interests in finding and securing suitable property for lease. The agreement outlines the scope of services, compensation structure, duration of representation, and respective obligations of both parties, while complying with federal and state-specific real estate regulations.

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Tenant Broker Agreement

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What is a Tenant Broker Agreement?

The Tenant Broker Agreement serves as the foundational document for establishing a professional relationship between a tenant seeking property and their chosen real estate representative. This contract type is essential in the U.S. real estate market as it defines the parameters of the broker's services, including property search, negotiation support, and market analysis. The agreement protects both parties' interests by clearly outlining compensation terms, duration of representation, and specific responsibilities while ensuring compliance with state and federal real estate regulations. It's particularly important in complex commercial leasing situations where professional representation can significantly impact the final lease terms.

What sections should be included in a Tenant Broker Agreement?

1. Parties: Identifies the broker and tenant client, including full legal names and addresses

2. Background: Explains the context of the agreement and the tenant's desire to engage a broker

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the specific services the broker will provide to the tenant

5. Term of Agreement: Specifies the duration of the broker's engagement

6. Compensation: Outlines the fee structure and payment terms

7. Broker's Obligations: Lists the broker's duties and responsibilities

8. Client's Obligations: Specifies the tenant's responsibilities and commitments

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

1. Exclusive Rights: Defines whether the agreement is exclusive or non-exclusive and the terms of such exclusivity

2. Conflicts of Interest: Addresses potential conflicts and their handling when broker represents multiple clients in same market

3. Termination Rights: Details circumstances and procedures for early termination of the agreement

4. Post-Termination Obligations: Outlines obligations that survive termination, including protection of future commission rights

What schedules should be included in a Tenant Broker Agreement?

1. Fee Schedule: Detailed breakdown of all fees and commission structures

2. Service Level Agreement: Specific metrics and standards for broker services

3. Property Requirements: Tenant's specific property criteria and preferences

4. Required Disclosures: State-mandated real estate disclosures and forms

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

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 protected characteristics

Americans with Disabilities Act: Federal law ensuring equal access and accommodations for persons with disabilities in real estate transactions

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

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing how costs are calculated and disclosed

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

State Broker Regulations: Specific rules and requirements for broker operations within each state

State Real Estate Commission Rules: Regulatory framework established by state real estate commissions for broker conduct and compliance

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

Agency Disclosure Requirements: State-mandated rules for disclosing broker-client relationships and responsibilities

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

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

Agency Law Principles: Legal framework governing the relationship between brokers and their clients

Broker Compensation Laws: State regulations governing how brokers can be compensated and fee structures

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain information-sharing practices and protect sensitive data

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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