Real Estate Broker Commission Agreement
A Real Estate Broker Commission Agreement is a contractual arrangement between a property owner (seller or landlord) and a real estate broker that outlines the terms under which the broker will be compensated for their services in facilitating the sale or lease of real estate.
Typically, this agreement specifies the following key elements:
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Commission Rate: The percentage or flat fee that the broker will earn upon the successful sale or lease of the property. This rate is usually negotiable and can vary based on market conditions, the type of property, and the level of services provided.
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Duration of Agreement: The time frame during which the broker will represent the property owner. This period can range from a few months to a year or more, depending on the agreement’s terms.
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Scope of Services: A description of the services the broker will provide, which may include marketing the property, conducting open houses, negotiating offers, and handling paperwork.
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Exclusivity: The agreement may grant the broker exclusive rights to market the property, meaning the owner cannot engage another broker during the term. In contrast, a non-exclusive agreement allows the owner to work with multiple brokers.
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Payment Terms: Details regarding when and how the commission will be paid, often contingent upon the successful closing of a sale or lease.
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Conditions for Commission: Provisions that clarify the circumstances under which the broker will earn their commission, including scenarios such as direct sales by the owner or transactions initiated by the broker.
An example of a Real Estate Broker Commission Agreement would be a homeowner signing a contract with a broker to sell their house for a 6% commission on the final sale price, valid for six months. If another buyer approaches the owner during this period and the sale is finalized, the broker would still be entitled to the commission as stipulated in the agreement, provided the buyer was introduced through the broker’s efforts.
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