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Property Agent Contract for the United States

Property Agent Contract Template for United States

A Property Agent Contract is a legally binding agreement used in the United States that establishes the professional relationship between a property owner and a licensed real estate agent or agency. The document outlines the scope of services, commission structure, duration of representation, and specific responsibilities of both parties. It typically includes state-specific requirements and must comply with both federal and state real estate laws.

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What is a Property Agent Contract?

The Property Agent Contract serves as the foundation for the professional relationship in real estate transactions within the United States. This document is essential when property owners seek to engage a licensed real estate professional to market, sell, or lease their property. It defines the agent's authority, responsibilities, compensation terms, and duration of representation while ensuring compliance with state-specific real estate laws and federal regulations. The contract protects both parties' interests and provides clear guidelines for the scope of services to be provided.

What sections should be included in a Property Agent Contract?

1. Parties: Identification of the agent and the property owner/client

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 services to be provided by the agent

5. Commission Structure: Details of compensation and payment terms

6. Duration: Term of the agreement including start and end dates

7. Obligations of the Agent: Specific duties and responsibilities of the property agent

8. Obligations of the Principal: Specific duties and responsibilities of the property owner/client

9. Termination: Conditions and procedures for ending the agreement

10. Governing Law: Specification of applicable laws and jurisdiction

What sections are optional to include in a Property Agent Contract?

1. Marketing Plan: Specific marketing strategies and commitments for property promotion

2. Multiple Listing Service: Terms related to MLS listing and associated requirements

3. Virtual Tours: Terms related to virtual showings and online marketing services

4. Professional Photography: Terms related to professional photography services and image rights

5. Exclusivity Clause: Terms granting exclusive rights to the agent for property sale/lease

What schedules should be included in a Property Agent Contract?

1. Property Details Schedule: Detailed description of the property including address and specifications

2. Commission Schedule: Detailed breakdown of commission structures and scenarios

3. Marketing Materials Appendix: Samples or templates of agreed marketing materials

4. Required Disclosures: State-mandated disclosure forms and documents

5. Service Level Agreement: Detailed breakdown of service standards and response times

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 settlement processes and disclosures

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

Americans with Disabilities Act: Federal law ensuring equal access and preventing discrimination against individuals with disabilities in real estate transactions

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

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

Civil Rights Act Title VIII: Federal law addressing housing discrimination and establishing fair housing requirements

State Licensing Requirements: State-specific regulations governing real estate agent licensing, renewals, and continuing education requirements

State Commission Regulations: State-specific rules governing real estate commission structures, payments, and disclosures

Agency Disclosure Requirements: State-mandated rules for disclosing agency relationships between agents and clients

State Property Laws: State-specific regulations governing property rights, transfers, and transactions

State Contract Laws: State-specific requirements for contract formation, enforcement, and termination

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

Data Privacy Laws: Federal and state regulations governing the collection, storage, and protection of client personal information

ESIGN Act: Federal law governing electronic signatures and records in real estate transactions

UETA: Uniform Electronic Transactions Act - State-adopted framework for electronic signatures and records

Anti-Money Laundering Regulations: Federal requirements for preventing and reporting suspicious financial transactions in real estate

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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