The Non-Exclusive Buyer Broker Agreement serves as a foundational document in U.S. real estate transactions where buyers seek professional representation while maintaining flexibility to work with multiple brokers. This agreement is particularly useful when buyers want to maintain options in their property search while still providing brokers with the security of compensation for their services. The document typically includes detailed service descriptions, commission structures, term length, and territorial limitations, all while adhering to state-specific real estate regulations and professional standards. It provides clarity on the roles and responsibilities of both parties while offering more flexibility than exclusive agreements.
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1. Parties: Identifies the broker/brokerage firm and the buyer client with full legal names and contact information
2. Background: Brief context explaining the buyer's intention to purchase property and broker's services
3. Definitions: Key terms used throughout the agreement including 'Property', 'Term', 'Broker's Services', 'Commission'
4. Scope of Services: Detailed outline of services the broker will provide to the buyer
5. Term and Termination: Duration of the agreement and conditions for termination
6. Compensation: Commission structure and payment terms
7. Broker's Obligations: Specific duties and responsibilities of the broker
8. Buyer's Obligations: Specific duties and responsibilities of the buyer
1. Exclusions: List of specific properties or situations excluded from the agreement. Used when buyer has existing relationships or specific properties they want to exclude
2. Dual Agency: Provisions for situations where broker represents both buyer and seller. Used in jurisdictions where dual agency is permitted
3. Property Preferences: Specific criteria for properties the buyer is interested in. Used when buyer has very specific requirements
1. Schedule A - Broker's Services Detail: Comprehensive list of specific services included in the agreement
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and scenarios
3. Schedule C - Property Requirements: Detailed list of buyer's property preferences and requirements
4. Appendix A - Agency Disclosure Form: State-required agency relationship disclosure document
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