Brokers Fee Agreement Template for United States

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Key Requirements PROMPT example:

Brokers Fee Agreement

"Need a Broker's Fee Agreement for a residential real estate brokerage in California, with exclusive representation rights and a 6-month protection period starting March 2025, including provisions for both sale and lease transactions."

Document background
The Broker's Fee Agreement serves as a fundamental document in U.S. real estate and business transactions, establishing clear terms for broker compensation and services. This agreement is essential when engaging a licensed broker for property sales, purchases, or business transactions. It protects both parties by clearly defining commission structures, payment triggers, and service expectations while ensuring compliance with state and federal regulations. The document typically includes provisions for exclusive or non-exclusive representation, protection periods, and specific performance metrics.
Suggested Sections

1. Parties: Identification of the broker and client, including full legal names, addresses, and licensing information

2. Background: Context of the brokerage relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Property', 'Transaction', and 'Exclusive Period'

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

5. Fee Structure: Commission rates, payment terms, and conditions for earning fees

6. Term and Termination: Duration of agreement, renewal terms, and conditions for early termination

7. Representations and Warranties: Standard commitments from both parties regarding authority, compliance with laws, and licensing

8. Governing Law: Specification of applicable state law and jurisdiction

Optional Sections

1. Dual Agency Provisions: Terms governing situations where broker represents both parties in a transaction

2. Protection Period: Terms defining broker's rights to commission for post-termination transactions with introduced clients

3. Marketing Commitments: Specific marketing obligations and activities the broker will undertake

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

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of commission structures and payment terms

2. Schedule B - Service Level Agreement: Detailed listing of specific services to be provided by the broker

3. Schedule C - Property Schedule: List of properties covered by the agreement (if applicable for exclusive listings)

4. Schedule D - Required State Disclosures: State-mandated disclosures and forms

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 settlement processes and prohibiting kickbacks and referral fees in real estate transactions

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

Anti-Trust Laws: Federal laws ensuring fair competition and prohibiting anti-competitive practices in real estate brokerage

CFPB Regulations: Consumer Financial Protection Bureau regulations protecting consumers in financial transactions, including real estate

State Real Estate Commission Regulations: State-specific rules governing real estate broker conduct, licensing, and professional practices

State Licensing Requirements: State-mandated qualifications and ongoing requirements for maintaining a broker's license

State Broker Compensation Laws: State-specific regulations governing how brokers can be compensated and what must be disclosed regarding fees

State Consumer Protection Laws: State-level laws protecting consumers in real estate transactions and requiring specific disclosures

NAR Code of Ethics: National Association of REALTORS�� professional standards and ethical requirements for member brokers

Disclosure Requirements: Mandatory disclosures of fees, commissions, relationships, and material facts affecting the transaction

Service Definition: Clear outline of services to be provided by the broker, including scope of authority and responsibilities

Payment Terms: Specific conditions for when and how broker fees are earned, paid, and collected

Dual Agency Rules: Requirements for disclosure and handling of situations where broker represents both parties

Agreement Duration: Terms specifying the length of the agreement and any automatic renewal provisions

Termination Clauses: Conditions and procedures for early termination of the agreement by either party

Dispute Resolution: Procedures for handling disagreements, including mediation or arbitration requirements

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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