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1. Parties: Identification of the property owner/seller and the real estate agent/agency
2. Background: Context of the agreement, including property details and purpose of engagement
3. Definitions: Key terms used throughout the agreement, including commission types, property transaction definitions, and relevant industry terms
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Agent's Services: Detailed description of services to be provided by the agent
6. Commission Structure: Base commission rates and calculation methods
7. Payment Terms: Timing and method of commission payments, including conditions precedent
8. Agent's Obligations: Legal and professional obligations of the agent, including compliance requirements
9. Client's Obligations: Responsibilities and obligations of the property owner
10. Term and Termination: Duration of agreement and circumstances for termination
11. Confidentiality: Confidentiality obligations regarding property and transaction details
12. Dispute Resolution: Process for resolving disputes between parties
13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Marketing Budget and Expenses: Used when specific marketing commitments and cost arrangements need to be detailed
2. Performance Targets: Include when specific performance metrics or KPIs are part of the agreement
3. Sub-agency Arrangements: Required when the agent may need to engage other agents or agencies
4. International Marketing: Include for properties targeting international buyers/tenants
5. Multiple Property Provisions: Used when the agreement covers multiple properties
6. Success Fee Structure: Include when additional performance-based fees apply
7. Exclusive Agency Terms: Used for exclusive agency arrangements
8. Online Listing Provisions: Include specific terms for digital marketing and online listings
1. Property Details Schedule: Detailed description of the property, including title details, improvements, and current lease arrangements
2. Commission Rate Schedule: Detailed breakdown of commission rates, including any sliding scales or tiered structures
3. Services Schedule: Comprehensive list of included and excluded services
4. Marketing Plan: Detailed marketing strategy and budget allocation
5. Agency Team Schedule: Key personnel assigned to the property
6. Expense Schedule: Breakdown of recoverable and non-recoverable expenses
7. Required Forms and Notices: State-specific statutory forms and notices
8. Commission Examples: Worked examples of commission calculations for different scenarios
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