Broker Contract Commission Template for United States

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Key Requirements PROMPT example:

Broker Contract Commission

"I need a Broker Contract Commission agreement for my real estate brokerage firm operating in California, with a 6% commission rate and an exclusive 12-month term starting January 1, 2025, including provisions for a 6-month tail period."

Document background
The Broker Contract Commission agreement serves as the foundational document governing the financial relationship between brokers and their clients in the United States. This contract type is essential for clearly defining commission structures, preventing disputes, and ensuring regulatory compliance. It typically includes specific triggers for commission payments, protection mechanisms for both parties, and compliance with state-specific broker laws. The agreement is particularly important in regulated industries such as real estate, securities, and insurance, where specific federal and state requirements must be met.
Suggested Sections

1. Parties: Identification of broker and client/principal, including full legal names and addresses

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

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Transaction', 'Closing'

4. Scope of Services: Detailed description of broker's services and responsibilities

5. Commission Structure: Details of commission rates, calculation methods, and payment terms

6. Payment Terms: When and how commission payments will be made

7. Term and Termination: Duration of agreement and conditions for termination

8. Governing Law: Applicable jurisdiction and legal framework

Optional Sections

1. Exclusivity Clause: Terms of exclusive representation, applicable when broker has exclusive rights to represent client

2. Tail Period: Post-termination period during which broker may still be entitled to commission, used in longer-term relationships or complex transactions

3. Dispute Resolution: Mediation/arbitration procedures, recommended for higher-value agreements

4. Insurance Requirements: Specific insurance coverage requirements, used when dealing with high-value transactions or regulated industries

Suggested Schedules

1. Commission Rate Schedule: Detailed breakdown of commission rates for different types of transactions

2. Service Territory: Geographic area covered by the agreement

3. Required Licenses: Copies of broker's licenses and certifications

4. Transaction History: List of completed or pending transactions, if applicable

Authors

Alex Denne

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

Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and prohibiting kickbacks or referral fees in real estate settlements

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

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, disability, or familial status

Securities Exchange Act: Federal law from 1934 governing securities transactions and broker-dealer requirements if dealing with securities-based transactions

Anti-Kickback Provisions: Legal provisions prohibiting the giving or receiving of fees, kickbacks, or things of value in exchange for referrals of settlement service business

State Real Estate Commission Regulations: State-specific rules governing real estate transactions, broker conduct, and licensing requirements varying by jurisdiction

State Licensing Requirements: Specific state mandates for obtaining and maintaining broker licenses, including education and testing requirements

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

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

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

IRS Classifications: Federal tax regulations determining whether a broker is classified as an independent contractor or employee

Consumer Protection Laws: State and federal regulations protecting consumers from unfair practices, including disclosure requirements and prohibited practices in real estate transactions

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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