Real Estate Agency Agreement Template

The template begins by listing the motivations for each party that require the creation of a real estate agency agreement between them.

WHEREAS the Seller is the legal owner and has all rights to sell the property located at [Property.StreetAddress] [Property.City] [Property.State] [Property.PostalCode] ,

WHEREAS the Agent, also referred to as the “Salesperson,” “Broker,” or “Realtor” has experience in marketing, advertising, and selling real estate property and has expressed an interest in providing these services for the Seller,

The Parties have entered into this Real Estate Agency Agreement (”Agreement”) on their own free will and agree to the following:

This template grants you (the Agent) exclusive rights to broker the sale of the listed property.

The Seller hereby grants the Agent exclusive rights to sell the property located at [Property.StreetAddress] [Property.City] [Property.State] [Property.PostalCode] .

The Seller will provide the Agent with all relevant information necessary for the property to be sold.

​Services

Any and all offers and negotiations in regard to this property shall be conducted by the Agent.

Should the Seller receive any notification, interest or any form of an offer related to the sale of [Property.StreetAddress] [Property.City] [Property.State] [Property.PostalCode] , Seller will provide the Agent with the relevant information.

The Agent will do everything possible to entertain and vet offers made. It is the Agent's sole purpose to sell this property and as so will be permitted to employ additional brokers to assist in the selling and advertising process.

Any offers considered valid shall be reported to the Seller within 2 days and will be at the Seller's discretion to accept or decline.

The Agent shall remain an independent contractor and as such will be responsible for managing hours worked in order to fulfill the obligations of this Real Estate Agency Agreement.

​Payment

This template provides you (the Agent) with a flat commission based on the final property sale price. It also requires the property owner to pay you the agreed commission should they refuse a reasonable offer for the property.

The Seller has agreed to pay the Agent a flat commission of (Commission.Percentage) percent of the final sale price.

The Seller is permitted to finalize any current property offers taking place regarding [Property.StreetAddress] [Property.City] [Property.State] [Property.PostalCode] prior to this Real Estate Agency Agreement taking effect as of (Date). If the Seller should sell the property as a result of such offers before [Agent.FirstName] [Agent.LastName] becomes involved as the listing Agent as of (Date), the Agent will not be entitled to a commission.

Once initiated, if this Real Estate Agency Agreement should terminate for any reason, any offers agreed upon by the Seller as a result of the Agent's services that result in the sale of the property at [Property.StreetAddress] [Property.Email] [Property.State] [Property.PostalCode] will entitle the Agent being paid (Commission.Percentage) percent.

In the event the Seller should decide not to sell the property prior to this Agreement’s terms ending, and the Seller is offered a bona fide or market value price from a buyer which they decline, the Agent shall be owed a total fixed price of no more than (insert amount or percentage of listing price) for their services.

The Agent shall be responsible for all personal and travel expenses incurred during the execution of this Agreement, including any additional broker fees necessary to complete the sale.

The Agent shall, for the term of this Real Estate Agency Agreement, be considered an independent contractor.

This Agreement does not serve as employment of the Agent by the Seller.

Therefore, the Agent shall be responsible for any federal and local taxes due on any commissions paid from this Agreement.

Employees

This section of the template binds all of your Agency’s employees to the terms of this Agreement.

Any individuals under the Agent's employment involved in the sale of the property located at [Property.StreetAddress] [Property.City] [Property.State] [Property.PostalCode] ​ shall be bound by the terms and conditions of this Real Estate Agency Agreement.

The Agent agrees to hold the Seller harmless of any legal costs or judgments that may incur from the negligence of the Agent or any employees related directly to the Agent.

The Seller agrees that the Agent shall be held harmless of any court or legal proceedings that may incur from direct negligence by Seller or any of Seller’s associates or family members.