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Buyers Agency Contract for the United States

Buyers Agency Contract Template for United States

A Buyer's Agency Contract is a legally binding agreement used in the United States real estate market that establishes a professional relationship between a buyer and a real estate agent/broker. The contract outlines the agent's responsibilities to represent the buyer's interests in property transactions, including property search, negotiations, and closing assistance. It typically includes terms of service, compensation structure, and duration of representation, while adhering to state-specific real estate laws and regulations.

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Buyers Agency Contract

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What is a Buyers Agency Contract?

The Buyer's Agency Contract serves as a fundamental document in U.S. real estate transactions, protecting both the buyer's and agent's interests. This agreement is essential when a prospective property buyer seeks professional representation in the real estate market. It clearly defines the scope of services, compensation terms, and duration of the relationship, while ensuring compliance with state-specific real estate regulations and professional standards. The contract is particularly important as it establishes the fiduciary relationship between parties and helps avoid potential conflicts of interest.

What sections should be included in a Buyers Agency Contract?

1. Parties: Identifies the buyer and real estate agent/broker entering into the agreement

2. Background: States the purpose of the agreement and basic context

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Agency: Defines the specific services the agent will provide

5. Term of Agreement: Specifies duration and renewal terms

6. Agent's Duties and Responsibilities: Details agent's obligations and fiduciary duties

7. Buyer's Obligations: Outlines buyer's responsibilities and commitments

8. Compensation: Details commission structure and payment terms

9. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Buyers Agency Contract?

1. Dual Agency: Required when agent might represent both buyer and seller in jurisdictions allowing dual agency

2. Property Preferences: Specific criteria for property search when buyer has specific requirements

3. Non-Compete: Prevents buyer from working with other agents, typically used in competitive markets

4. International Considerations: Special provisions for international buyers when the buyer is a foreign national

What schedules should be included in a Buyers Agency Contract?

1. Schedule A - Property Requirements: Detailed list of buyer's property criteria

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations

3. Schedule C - Agency Disclosure Form: State-mandated agency relationship disclosure

4. Schedule D - Service Area Map: Geographic boundaries of agent's service area

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Agency Agreement

Cost

Free to use
Clauses

























Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes

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

ADA: Americans with Disabilities Act - Federal law ensuring equal access and preventing discrimination against individuals with disabilities

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

ECOA: Equal Credit Opportunity Act - Federal law prohibiting discrimination in credit transactions, including real estate financing

State Licensing Laws: State-specific regulations governing real estate agent licensing, requirements, and professional conduct

Agency Disclosure Requirements: State-mandated rules requiring disclosure of agency relationships between brokers, agents, and clients

State Contract Laws: State-specific laws governing the formation, enforcement, and interpretation of contracts

State Consumer Protection: State laws designed to protect consumers from unfair practices in real estate transactions

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORSยฎ

Agency Law: Common law principles governing the relationship between agents and principals, including fiduciary duties

Contract Law Principles: Fundamental legal principles governing contract formation, performance, and enforcement

Fiduciary Duties: Legal obligations of loyalty, confidentiality, disclosure, obedience, reasonable care, and accounting of funds

Dual Agency Regulations: Laws and regulations governing situations where an agent represents both buyer and seller in a transaction

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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