Real Estate Agency Agreement Template

This Real Estate Agreement is between the parties (“Parties”) as follows: [Agent.FirstName][Agent.LastName] (Agent) and [Seller.FirstName][Seller.LastName] (Seller)

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:

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

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

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.

​Assignment

No portions of this agreement may be transferred or otherwise delegated without prior written consent between the Parties.

​Confidentiality

The Agent agrees to keep all information deemed confidential and not necessary for the sale of the property private.

Any needed disclosures of confidential information shall be provided to the Seller for approval prior to such disclosures taking place.

Any information disclosed without the above consideration shall serve as a material breach of contract and will result in termination of this Agreement in its entirety.

​Return of Property

Upon the conclusion or termination of this real estate agency agreement, the Agent will return all of the following property as well as any additional property obtained from the Seller for the property.

• Keys

• Signs

• Layouts

• Finance Documents

​Notices

Any and all notification in regards to this Real Estate Agency Agreement may be delivered in person, by email, or via certified letter to the addresses below.

Seller:[Seller.StreetAddress][Seller.City][Seller.State][Seller.PostalCode]​

Agent:[Agent.StreetAddress][Agent.City][Agent.State][Agent.PostalCode]​

​Entire Agreement

This Real Estate Agency Agreement along with any attached documents shall constitute the entire Agreement between the Parties.

This Agreement shall overrule any previous agreements either verbal or written between the Parties prior to entering into this Real Estate Agency Agreement.

This Agreement may be amended with prior written consent between the Parties.

In the instance of such amendment the amended articles shall not interfere with remaining provisions contained within this Agreement.

Indemnification

​[Seller.FirstName][Seller.LastName], as Seller, agrees to defend and hold harmless [Agent.FirstName][Agent.LastName], as Agent, from any claims made by any agents, salespersons, or brokers regarding any fee, commission, or other compensatory damages with reference towards this Agreement or the acquisition and sale of the Property seriously considered hereby, whether or not such claims are justified. Sellers also agree to pay appropriate attorneys' fees for costs incurred during court proceedings.

Accordingly, Agent pledges to hold harmless the Seller and indemnify them from each and every risk, loss, cost, damage, and expenditure experienced by Agent, unless in case of serious damages as determined by law and tied to Seller’s conduct or actions.

Severability

In the instance of any provisions of this Agreement being found unenforceable or illegal the Parties will work together to agree on a similar enforceable term.

If any provisions are involved in the above actions, all remaining provisions will remain in full effect and shall not be altered or removed.

The Agent shall, during the term of this Agreement, keep the Seller's best interests at the highest priority at all times.

Neither the Agent nor any of Agent’s associates shall partake in any actions for personal gain or that are deemed harmful to the Seller.

Breach of Law

If the Seller breaches any law, the Agent shall have the option, as the representative, to suspend this Agreement. The Agent shall also have the freedom to decide whether they want to suspend the Agreement entirely or temporarily.

Consequences will be determined at the discretion of the Agent, in accordance with a right to do so under the provisions hereof.

Length of Agreement

Until otherwise decided, the contract remains valid for (insert time period) after it has been signed by both parties.

Following which, if both parties wish to continue working together, they may draw up a new agreement. This agreement can have different or the same clauses as the present document.

If the potential buyer needs some time to adjust into the sale, the Agent may inform the Seller of the same, and the validity of this agreement (if necessary) may be increased by (insert time period), and only if the Seller consents. In such a case, no new agreement may need to be redrawn.

If either party wishes to terminate this agreement, they may do so by giving the other party a written notification and providing at least three weeks notice.

At the time of contract termination, the Agent is obligated to notify the Seller of all property offers, notices, and other important updates received.

Seller’s Duties

1. Real estate tax payment. The Seller shall pay or induce to be reimbursed all property taxes owed on the property that (i) would become due on or before the date of sale, (ii) must be reimbursed within forty (40) days of the date of sale, or (iii) will become due on or after the date of sale.

2. The Seller must ensure that all taxes and home mortgages costs, and any other necessary taxes or costs that are owed on the property are paid to the necessary parties before they sell the property to the end customer. If, according to the laws of [Seller.Country], [Seller.State], the taxes and costs are liable to the end customer, then the Seller may pay all these costs and taxes, and the end customer would be liable to reimburse these payments to the Seller.

3. The above mentioned shall be executed on the receipt of the appropriate paperwork from the Seller proving such payment. On receivables that are not impounded, the Seller is responsible for making sure that all taxes that would have been due by the date of sale if not paid by that date have been paid.

4. The Seller shall hold inconsequential and indemnify the potential buyer from any and all costs and expenses (for example, penalties, fines, commission, damages, and judgments of any kind) emerging from the Seller's nonpayment, or end up causing to be reimbursed, any outstanding tax bills or extra taxes tied to the property.

Applicable Law

This Real Estate Agency Agreement shall remain under the jurisdiction of [Seller.State].

Any and all legal proceeds occurring from this Real Estate Agency Agreement shall be conducted under the above jurisdiction.

The signatures below serve as acknowledgment and agreement by the corresponding Parties.