Usually, Real Estate Agent Agreements are drafted to record the terms and payment details associated with services that will be provided. Signing this essential contract can help everyone to avoid disputes down the road. Different from the other sites that you may come across, there's more that Rocket Lawyer offers besides PDF templates. If the client won't pay or there's another problem, your Premium membership offers the optional benefit of Document Defense® support from an attorney in our network.
When to use a Real Estate Agent Agreement:
You will be selling real property for a client and you wish to outline the terms of your working relationship.
You're hiring a real estate agent to sell your property and you want to outline the terms of the independent contractor relationship.
What we’ll cover
Sample Real Estate Agent Agreement
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Real Estate Agent Agreement
This Real Estate Agent Agreement is made effective as of , by and between , of , , , and , of , , .
In this Agreement, the party who is contracting to receive services shall be referred to as "", and the party who will be providing the services shall be referred to as "". The parties will be collectively referred to as the Parties.
has a background in marketing, advertising, negotiating and selling real estate properties, and is willing to provide services to based on this background.
Seller is the owner of certain property and the improvements thereon known as (the land and the improvements being hereinafter collectively referred to as the "Real Property").
In consideration of the mutual promises and covenants herein contained, the Parties hereto agree as follows:
GRANT OF RIGHTS. Seller hereby grants to Agent the right to sell Real Property described above and Seller hereby appoints Agent as Sellers agent for such purpose, subject to the terms and conditions set forth in this Agreement. Seller, promptly after Agent's request, shall deliver to Agent complete copies of any records and documents relating to the Real Property in the possession of Seller.
DESCRIPTION OF SERVICES. Seller shall refer to Agent all offers and inquiries, including those from outside brokers, or from principals or from others, with respect to the Real Property and shall conduct through Agent all negotiations with respect to the sale of the Real Property. Agent shall diligently investigate and develop such offers and inquiries and canvass, solicit and otherwise employ its best efforts to bring about the sale of the Real Property and to that end Agent is authorized to enlist the services of other real estate brokers. The Agent is obligated to report any price which he may be offered for said property, for the consideration or review of the
Beginning on , Agent will provide the above services including the following services (collectively, the "Services") in connection with the sale of the above described property:
PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by shall be determined by . will rely on to work as many hours as may be reasonably necessary to fulfill 's obligations under this Agreement.
PAYMENT. The Seller agrees to pay the Agent a commission of percent on the sale price of any sale or sales made by the Agent of the properties mentioned above; and consummated as a result of said services; said commission to be deducted from the cash payment made, respectively, for said properties.
The Seller reserves the right to sell the above described property to anyone with whom he is now negotiating for sale of the said property, and in event said property is sold as a result of said negotiations, the Agent shall not be entitled to commissions upon sale or sales. It is further agreed that if, after the termination of this agreement the Seller shall sell said property, which may not have been theretofore sold by the Agent, the said Agent shall be entitled to commissions upon said sale or sales, provided said sale or sales are made to a party, or parties who have theretofore, and during the life of this contract, been actually brought to and upon said property by the Agent, for the purpose of interesting them as purchasers of the same.
Nothing in this Agreement shall be deemed to require Seller to accept an offer to purchase the Real Property, to sell the Real Property or to keep the Real Property for sale during the term of this Agreement, and Seller may withdraw the Real Property at any time. However, if the Agreement terminates prior to the sale of the property and during the life of the Agreement, the Seller was presented with a bona fide offer to purchase at or above the agreed to list price approved by the Seller and the Seller fails to accept said offer, the Agent will be entitled to the full commission percentage had the property been sold at the offered price.
pay all "out-of-pocket" expenses, and shall not be entitled to reimbursement from .be entitled to reimbursement from for all "out-of-pocket" expenses.be entitled to reimbursement from for the following "out-of-pocket" expenses: .
TERM/TERMINATION. This Agreement and shall automatically renew for successive terms of the same duration, unless either party provides days written notice to the other party prior to the termination of the applicable initial term or renewal term
RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
At the request of , shall provide adequate evidence that such persons are 's employees.
CONFIDENTIALITY. Agent agrees for itself, its successors, heirs and assigns to refrain from disclosing to any third party any information relating to the Real Property that are valuable, special and unique and that need to be protected from improper disclosure.
In consideration for the disclosure of the Information, Agent agrees that Agent will not at any time or in any manner, either directly or indirectly, use any Information for Agent's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of the Seller. Agent will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF for :
IF for :
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
CAPTIONS. The captions in this Agreement are for the purpose of convenience only, are not intended to be part of this Agreement and shall not be deemed to modify, explain, enlarge or restrict any of its provisions.
EXCULPATION. During the term of this Agreement, Agent shall look solely to the then interest of Seller in the Premises for the satisfaction of any remedy of Agent for failure to perform any of Seller's obligations under this Agreement or under any law and no officer, director, employee or agent of Seller shall have any personal liability for any such failure.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of .
SIGNATURES. This Agreement shall be signed by on behalf of and by on behalf of .
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Real Estate Agent Agreement FAQs
Why is it necessary to use a Real Estate Agency Contract?
Regardless of how long your business has been in operation, it is crucial to get the details of your work in writing. You might decide that you want to use this document due to the fact that, when done accurately, it can grant the helpful benefits listed here:
The real estate agent and client both understand their responsibilities
Both parties know when payment will be due
There are no surprises about how long the engagement will last
Anyone who fails to sign a Real Estate Agent Contract can expect common issues like confusion about deadlines and past due invoices.
How is a real estate contract template normally structured?
The specific details to cover are:
Your client's full name and address
What tasks you will be performing once hired
Whether the work will be ongoing or if it will last for a predetermined period of time
How payment will be made
As you may expect, Real Estate Agent Agreements that you make with Rocket Lawyer also include the standard legalese in relation to the independent work relationship, liability, the protection of proprietary information, and the method(s) of dispute resolution. In the process of making your contract, you also will have the ability to designate which state's laws will govern it. More personalization is possible, as well.
How can I create a Real Estate Agent Contract online?
With Rocket Lawyer, your Real Estate Agent Agreement will be tailored to you and your specific needs. Simply tap or click the button that says "Make document" and answer a few basic questions. You can also ask that an Rocket Lawyer network attorney review it after drafting it. This solution will often be notably less time-consuming than finding and working with your average provider at a cost totaling several hundred dollars or more, depending on the level of complexity.
Is anything else required after making an agreement between a seller and an agent?
Upon completing this customized document with Rocket Lawyer, you will have the ability to review it on any device, anytime. With a Rocket Lawyer membership, you can make edits, print it out, get electronic signatures via RocketSign®, download it, and copy it as needed. Alongside your Real Estate Agent Agreement, there will be a set of next steps you can take after your document is completed. As a best practice, you should provide a final copy of the fully signed agreement to your client.
Where do I have my Real Estate Agent Agreements reviewed by a lawyer?
The answer will vary depending on whom you ask, but often some attorneys will not even agree to review a contract if they were not the author. A better approach to consider is to go through the On Call network. When you sign up for a Premium membership, you will be able to request feedback from an Rocket Lawyer network attorney with experience in business or get answers to other legal questions about your Real Estate Agent Contract. As always, Rocket Lawyer is here for you.
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