The Land Brokerage Agreement serves as the foundational document governing the professional relationship between property owners and real estate brokers in land transactions across the United States. This document becomes necessary when a property owner seeks professional assistance in selling or leasing land and wants to formalize the arrangement with a broker. The agreement typically includes specific details about the property, commission structures, marketing strategies, and the scope of the broker's authority. It must comply with state-specific real estate regulations and federal laws, including RESPA and the Fair Housing Act, while protecting both parties' interests through clearly defined terms and conditions.
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1. Parties: Identifies the broker and property owner, including full legal names and addresses
2. Background: Describes the property and owner's intention to sell/lease through broker's services
3. Definitions: Key terms used throughout the agreement including 'Property', 'Commission', 'Listing Period'
4. Appointment and Authority: Formal appointment of broker and scope of authority granted
5. Term: Duration of the agreement, including start and end dates
6. Broker's Obligations: Detailed listing of broker's duties and responsibilities
7. Owner's Obligations: Property owner's responsibilities and commitments
8. Commission Structure: Details of compensation, including rates and payment terms
9. Termination: Conditions and process for ending the agreement
1. Protection Period: Post-termination period where broker may still be entitled to commission
2. Marketing Plan: Specific marketing strategies and commitments
3. Multiple Listing Service: Terms for MLS listing
4. Virtual Tours/Photography: Terms for digital marketing materials
1. Property Description Schedule: Detailed description of property including legal description and boundaries
2. Commission Schedule: Detailed breakdown of commission structures for different scenarios
3. Marketing Materials Schedule: Approved marketing materials and strategies
4. Property Disclosure Statement: Required disclosures about property condition
5. Agency Disclosure Form: State-required agency relationship disclosures
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