Real Estate Agent Agreement Contract Generator for United States

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Key Requirements PROMPT example:

Real Estate Agent Agreement Contract

"I need a Real Estate Agent Agreement Contract for an exclusive right-to-sell listing of a luxury residential property in California, with a 6-month term starting January 15, 2025, including provisions for virtual showings and international marketing."

Document background
The Real Estate Agent Agreement Contract is a fundamental document in US real estate transactions, essential for establishing professional representation in property dealings. This agreement is required when a property owner wishes to sell their property or when a prospective buyer seeks professional representation in purchasing real estate. The contract comprehensively details the agent's services, compensation terms, duration of representation, and obligations of all parties involved. It must comply with both federal regulations (such as the Fair Housing Act and RESPA) and state-specific real estate laws, including licensing requirements and agency disclosure obligations. The agreement protects both the agent's and client's interests by clearly defining the scope of service, expectations, and terms of the professional relationship.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Clauses
Relevant Industries

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Luxury Real Estate

Agricultural Real Estate

Retail Real Estate

Mixed-Use Development

Property Management

Real Estate Investment

Vacation Properties

Relevant Teams

Legal

Real Estate Operations

Sales

Compliance

Marketing

Business Development

Transaction Processing

Property Management

Client Relations

Documentation

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Sales Associate

Listing Agent

Buyer's Agent

Real Estate Transaction Coordinator

Real Estate Office Manager

Real Estate Compliance Officer

Real Estate Marketing Manager

Real Estate Business Development Manager

Real Estate Operations Director

Real Estate Legal Counsel

Industries
Fair Housing Act (Title VIII of Civil Rights Act of 1968): Prohibits discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability. Real estate agents must ensure compliance in their practices.
Real Estate Settlement Procedures Act (RESPA): Regulates real estate settlement processes and prohibits kickbacks and referral fees. Requires disclosure of settlement costs and business relationships.
State Real Estate Licensing Laws: State-specific requirements for real estate agent licensing, continuing education, and professional conduct. Varies by state but must be incorporated into the agreement.
State Agency Disclosure Laws: Requirements for disclosing the nature of the agency relationship between the real estate agent and the client. Mandatory in most states.
Truth in Lending Act (TILA): Although primarily affecting lenders, agents should be aware as it requires disclosure of credit terms and costs in real estate transactions.
State Commission Laws: State-specific regulations regarding real estate commission structures, payment terms, and conditions for earning commissions.
Electronic Signatures in Global and National Commerce Act (E-Sign Act): Federal law validating electronic signatures and records, relevant for digital contract execution.
State Contract Laws: General contract law principles governing formation, enforcement, and termination of agreements within the specific state.
Americans with Disabilities Act (ADA): Requires consideration of accessibility issues and prohibits discrimination against persons with disabilities in real estate services.
State Consumer Protection Laws: State-specific regulations protecting consumers from unfair or deceptive 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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