The Agreement Between Broker And Buyer serves as the foundation for the professional relationship in real estate transactions within the United States. This document is essential when a buyer seeks professional representation in property purchases, establishing clear expectations and protecting both parties' interests. The agreement typically specifies the broker's duties, including property search, negotiation support, and transaction coordination, while outlining the buyer's commitments and any exclusive representation terms. It must comply with state-specific real estate regulations and federal laws such as RESPA and the Fair Housing Act.
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1. Parties: Identification of the broker and buyer with full legal names and addresses
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of broker's services and responsibilities
5. Term: Duration of the agreement and conditions for renewal
6. Compensation: Broker's fee structure, payment terms, and conditions
7. Representations and Warranties: Statements of fact and promises made by both parties
8. Termination: Conditions and procedures for ending the agreement
9. Confidentiality: Obligations regarding confidential information
10. Governing Law: Applicable law and jurisdiction governing the agreement
1. Dual Agency: Terms and conditions for situations where broker might represent both buyer and seller
2. Property Preferences: Specific requirements and preferences of the buyer regarding desired properties
3. Additional Services: Extra services offered by broker beyond standard scope
4. Non-Compete: Restrictions on buyer working with other brokers during the agreement term
5. Force Majeure: Provisions for unforeseen circumstances preventing performance
1. Schedule A - Service Details: Detailed breakdown of broker's services and responsibilities
2. Schedule B - Fee Structure: Detailed breakdown of all fees, commissions, and payment terms
3. Appendix 1 - State Disclosures: Required state-specific disclosures and forms
4. Appendix 2 - Agency Disclosure: Required disclosure of agency relationships and responsibilities
5. Appendix 3 - Property Requirements: Detailed specifications of buyer's property requirements and preferences
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