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Buyer Tenant Representation Agreement for the United States

Buyer Tenant Representation Agreement Template for United States

A Buyer Tenant Representation Agreement is a legally binding contract used in the United States that establishes an exclusive relationship between a real estate broker/agent and a client seeking to lease or purchase property. The agreement outlines the broker's duties, compensation structure, term of representation, and the client's obligations. It provides protection for both parties by clearly defining the scope of services, establishing confidentiality requirements, and addressing potential conflicts of interest. The document typically includes specific provisions that comply with state-specific real estate laws and regulations, while also incorporating federal requirements for real estate transactions.

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What is a Buyer Tenant Representation Agreement?

The Buyer Tenant Representation Agreement is a fundamental document in U.S. commercial real estate transactions, used when a client seeks professional representation in acquiring or leasing property. This agreement is essential for protecting both the broker's and client's interests by clearly defining the scope of services, compensation terms, and duration of representation. The document ensures compliance with state-specific real estate regulations and federal laws while establishing an exclusive professional relationship. It typically includes detailed provisions about property requirements, territory limitations, compensation structures, and confidentiality obligations. The agreement is particularly important in complex commercial transactions where professional representation is crucial for navigating market conditions, negotiations, and legal requirements.

What sections should be included in a Buyer Tenant Representation Agreement?

1. Parties: Identification of the broker/agent and the client, including full legal names and contact information

2. Background: Brief context explaining the purpose of the agreement and the client's intention to engage the broker's services

3. Definitions: Key terms used throughout the agreement including 'Property Requirements', 'Territory', 'Compensation', and 'Term'

4. Appointment and Authority: Formal appointment of the broker as the client's representative and scope of authority granted

5. Term of Agreement: Duration of the agreement, including start date and end date or renewal provisions

6. Broker's Services: Detailed description of services to be provided by the broker, including property search, negotiations, and advisory services

7. Client's Obligations: Client's responsibilities, including providing accurate information and cooperating with the broker

8. Compensation: Fee structure, payment terms, and conditions under which compensation becomes due

9. Representation and Warranties: Statements of fact and promises made by both parties

10. Confidentiality: Obligations regarding confidential information shared during the engagement

11. Termination: Conditions and process for ending the agreement, including any tail period provisions

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause

What sections are optional to include in a Buyer Tenant Representation Agreement?

1. Dual Agency Provisions: Required when the broker may represent both tenant and landlord in certain transactions

2. International Transaction Provisions: Additional terms for clients seeking properties in multiple countries or jurisdictions

3. Property Management Services: Additional terms if the broker will provide property management services post-acquisition

4. Construction and Improvement Oversight: Terms regarding broker's role in overseeing property improvements or construction

5. Multiple Market Coordination: Provisions for coordination when searching properties across multiple markets

6. Specialized Property Requirements: Additional terms for specific property types (e.g., industrial, retail, medical)

What schedules should be included in a Buyer Tenant Representation Agreement?

1. Schedule A - Property Requirements: Detailed specifications of client's property requirements including size, location, and features

2. Schedule B - Fee Schedule: Detailed breakdown of all fees, commissions, and payment structures

3. Schedule C - Excluded Properties: List of properties excluded from the agreement due to prior negotiations or relationships

4. Schedule D - Authorized Representatives: List of individuals authorized to act on behalf of client and broker

5. Appendix 1 - Service Level Details: Detailed description of specific services to be provided by the broker

6. Appendix 2 - Required Documentation: List of documents required from client for various transaction types

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Healthcare

Technology

Financial Services

Manufacturing

Logistics

Education

Professional Services

Hospitality

Relevant Teams

Legal

Real Estate

Finance

Procurement

Operations

Facilities Management

Risk Management

Corporate Development

Strategy

Compliance

Relevant Roles

Real Estate Director

Facilities Manager

Chief Financial Officer

General Counsel

Corporate Real Estate Manager

Procurement Manager

Operations Director

Real Estate Broker

Property Acquisition Manager

Real Estate Attorney

Business Development Director

Expansion Manager

Location Planning Manager

Industries










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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