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Property Commission Agreement Template for United States

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Key Requirements PROMPT example:

Property Commission Agreement

"I need a Property Commission Agreement for my luxury beachfront property in Florida, with an exclusive listing period of 12 months starting March 2025 and a higher-than-standard commission rate of 7% to reflect the property's high value and unique marketing requirements."

Document background
The Property Commission Agreement serves as the foundational document for real estate sales relationships in the United States. It's essential when property owners engage professional real estate services for selling their property. The agreement specifies commission structures, listing periods, broker responsibilities, and owner obligations. It must adhere to state-specific real estate regulations and federal laws such as RESPA. Property Commission Agreements are particularly important for protecting both parties' interests and ensuring clear understanding of financial obligations and service expectations.
Suggested Sections

1. Parties: Identifies the broker/agent and property owner, including full legal names and addresses

2. Background: Establishes the context of the agreement, including property details and owner's intention to sell

3. Definitions: Defines key terms used throughout the agreement including 'Commission', 'Listing Period', 'Sale Price'

4. Appointment and Authority: Establishes the broker's authority to act on behalf of the owner

5. Commission Structure: Details the commission rate and payment terms

6. Term and Termination: Specifies the duration of the agreement and conditions for termination

7. Obligations of the Parties: Lists responsibilities of both broker and property owner

Optional Sections

1. Protection Period: Defines period after agreement termination where commission may still be due

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

3. Marketing Budget: Specifies marketing commitments and cost allocation between parties

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including legal description and fixtures

2. Commission Rate Schedule: Detailed breakdown of commission rates for different scenarios

3. Marketing Plan: Detailed marketing strategy and timeline

4. Property Documentation: List of property-related documents provided by owner

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes, including restrictions on kickbacks and referral fees

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

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

Anti-Trust Laws: Federal laws preventing anti-competitive behavior, price fixing, and market allocation in real estate services

FIRPTA: Foreign Investment in Real Property Tax Act - Federal law governing tax implications for foreign persons selling U.S. real estate

State Real Estate Commission Regulations: State-specific rules governing real estate transactions, licensing, and professional conduct within the state's jurisdiction

State Licensing Requirements: Specific state mandates for obtaining and maintaining real estate agent/broker licenses, including education and compliance requirements

State Contract Laws: State-specific laws governing the formation, execution, and enforcement of contracts, including real estate agreements

State Consumer Protection Laws: State laws designed to protect consumers in real estate transactions, including disclosure requirements and fraud prevention

NAR Code of Ethics: National Association of REALTORSยฎ professional standards and ethical requirements for member agents and brokers

Commission Disclosure Requirements: Legal requirements for disclosing commission rates, structures, and sharing arrangements in real estate transactions

Dual Agency Regulations: Laws governing situations where an agent represents both buyer and seller, including disclosure requirements and restrictions

Broker-Agent Relationship Rules: Regulations defining the legal relationship between brokers and agents, including supervision requirements and responsibilities

Commission Payment Terms: Legal framework for when and how commission payments must be made, including conditions and timing requirements

Contract Termination Provisions: Legal requirements for including and enforcing contract termination clauses in commission agreements

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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