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Real Estate Client Services Agreement

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Real Estate Client Services Agreement

Parties and Agreement Date

This Real Estate Client Services Agreement ("Agreement") is entered into on by and between Client Name: and Broker Name: .

Contact Information

Property Identification

Engagement and Scope of Services

Client hereby retains Broker to provide the following services (select one or more):

Broker shall use commercially reasonable efforts to procure buyers, tenants, lenders or perform services described in this Agreement, which may include marketing, negotiations, preparing and presenting offers, coordinating inspections, advising on financing and closing, and supervising performance of escrow and closing tasks. Broker does not guarantee sale, lease or financing unless expressly stated in writing.

Term

This Agreement commences on and expires on unless earlier terminated in accordance with this Agreement.

Compensation and Expenses

Client agrees to pay Broker the compensation described below. Compensation is earned upon performance as stated or upon closing, irrespective of which party procures the buyer or tenant, except as otherwise provided herein.

Client Obligations

Client represents and warrants that Client has the authority to enter into this Agreement and to contract for the services. Client shall make the Property available for showings, provide accurate information regarding the Property, promptly notify Broker of all offers and material facts, and cooperate in scheduling inspections, appraisals and closings.

Confidentiality and Dual Agency

Broker shall maintain as confidential all nonpublic information provided by Client except as required by law or necessary to perform Broker’s duties. Broker may represent multiple clients; if Broker's representation would constitute a dual representation or dual agency, Broker will obtain Client’s informed consent in writing prior to proceeding.

Disclosures

Client discloses the following known conditions affecting the Property:

Lead-based Paint:

Mold or Water Intrusion:

Prior Material Damage (fire, structural, pest):

Termination, Indemnity and Remedies

Either party may terminate this Agreement upon written notice if the other party materially breaches and fails to cure within a reasonable time. Client shall indemnify and hold Broker harmless from claims arising from Client’s misrepresentations or failure to disclose material facts. Broker's remedies for breach include recovery of earned commissions, fees, costs and reasonable attorneys' fees.

Governing Law; Entire Agreement; Amendment

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior agreements. This Agreement may be amended only by a written instrument signed by both parties.

Notices

The parties certify that they have read and understand this Agreement, that each has the authority to execute this Agreement, and that execution may be by electronic signature if agreed by the parties.

Client:

By:

Date:

Broker:

By:

Date:

Enter text✕

What the Real Estate Client Services Agreement Covers

A Real Estate Client Services Agreement is a contract between a real estate professional or firm and a client that sets out the scope of services, fees, responsibilities, timelines, and dispute resolution for property transactions and related services. It clarifies whether the firm provides listing, buyer representation, property management, leasing, consulting, or transaction coordination, and identifies deliverables such as marketing, showing, negotiation, escrow coordination, and closing support. The agreement establishes the effective date, term, termination rights, confidentiality obligations, indemnities, and any state-specific disclosures required by law or professional boards.

Why Use a Written Client Services Agreement

A written agreement reduces misunderstandings by documenting service scope, fees, and key deadlines; it creates enforceable expectations and supports compliance with state real estate licensing and disclosure rules.

Why Use a Written Client Services Agreement

Who Typically Signs and Uses This Agreement

Real estate brokers, agents, property managers, investors, and individual clients commonly rely on this agreement to set terms for engagements and protect both parties.

  • Brokers and brokerage firms representing sellers or buyers in residential or commercial transactions.
  • Licensed real estate agents providing client advisory, showing, or negotiation services.
  • Property managers and leasing agents handling tenant placement and ongoing management.

Using a clear agreement helps regulatory compliance, supports dispute resolution, and documents permissions for third-party services like escrow, inspections, and advertising.

Essential Sections to Include in the Agreement

A professional Real Estate Client Services Agreement organizes rights and duties so both parties understand deliverables, timing, payment, and legal protections.

Scope of Services

Describe precisely which activities are included (listing, buyer representation, property management, leasing, marketing), how tasks will be delivered, and any services that are expressly excluded from the engagement.

Compensation

Specify fees, commission percentages, retainer amounts, payment timing, whether expenses are reimbursable, and rules for splitting commissions with cooperating brokers or teams.

Term and Termination

State the effective date, duration, renewal options, and termination rights, including notice periods, grounds for early termination, and obligations that survive termination.

Client Obligations

List client responsibilities such as providing accurate property information, access for showings, timely responses, truthful disclosures, and cooperation with required inspections and finance contingencies.

Compliance and Disclosures

Include state-required disclosure language, licensing statements, anti-discrimination clauses, and any agency relationship notifications mandated by state law or professional boards.

Liability and Dispute

Allocate risk through indemnities, limitations of liability, insurance requirements, confidentiality, governing law selection, and dispute resolution mechanisms such as mediation or arbitration.

Step-by-Step: Preparing and Executing the Agreement

Follow these steps to create, review, sign, and distribute a Real Estate Client Services Agreement with clear records of consent and delivery.

  • 01
    Draft: Populate party names, property details, scope, fees, and term.
  • 02
    Review: Confirm disclosures, state-specific language, and client expectations.
  • 03
    Sign: Obtain signatures from all parties and initial required pages.
  • 04
    Distribute: Provide final signed copies to all signers and store securely.

Where to Send or File the Completed Agreement

After signatures, route copies to the appropriate parties and record necessary materials with escrow or internal systems; account for state filing or recording only when required.

  • Client Copy: Deliver an executed copy to each client for their records.
  • Brokerage File: Place a signed copy in the broker's transaction file and compliance folder.
  • Escrow or Title: Provide relevant documents to escrow or title when opening closing files.
  • Third Parties: Share copies with lenders, co-brokers, or property managers as required.

Common Digital Workflow Settings for Online Completion

Configure the platform to match your signing and compliance requirements before sending the agreement for signatures.

Field Configuration
Signer Order Sequential or parallel signing options
Authentication Email only, SMS code, or KBA as required
Reminders Automated email reminders and expiry
Audit Records Enable IP, timestamp, and certificate capture

Digital Signing and File Format Requirements

Choose a platform and formats that preserve the signed record, support required authentication, and meet regulatory needs.

  • File Formats: PDF and DOCX supported
  • Integrations: CRM, cloud storage, and escrow systems
  • Authentication: Email, SMS, or third-party KBA

Ensure the chosen configuration retains an audit trail and reproduces the completed agreement exactly when needed for enforcement or escrow.

Key Timing Considerations and Deadlines

Track effective dates, contingency deadlines, termination notice periods, and escrow milestones to avoid missed obligations or penalties.

Effective Date:

Date when rights and duties commence per agreement.

Term End:

When the engagement automatically expires or renews.

Contingency Periods:

Inspection and financing deadlines set in the contract.

Termination Notice:

Notice period required to end the agreement early.

Document Retention:

Recordkeeping windows that begin at termination or closing.

Notarization and Witness Authentication Steps

When notarization or witness signatures are required, follow an ordered authentication process to ensure validity across jurisdictions.

01

Determine Requirement

Verify whether the document requires notarization or witnesses.

02

Select Notary Type

Choose in-person or remote online notarization where allowed.

03

Identity Proofing

Capture government ID and any KBA checks required.

04

Execute Signing

Signer signs in presence or via RON session.

05

Notary Certificate

Notary attaches acknowledgment or jurat as required.

06

Witness Attestation

Witnesses sign and print names where applicable.

07

Record Retention

Retain notarization recordings or journals as required.

08

State Compliance

Follow any state-specific notarization formalities.

Common Errors to Avoid When Preparing the Agreement

  • Using informal or ambiguous fee descriptions that leave payment timing or earn-out conditions undefined and cause disputes.
  • Failing to include required state disclosures or agency relationship notices, which can lead to regulatory complaints or rescission rights.
  • Mismatching party names or incorrect property legal descriptions that complicate recording, closing, or title clearance.
  • Neglecting to capture signatures from all required signers, including entity signatories who must show authority or board authorization.

Consequences of an Incorrect or Incomplete Agreement

Contract Void: Ambiguity may render provisions unenforceable
Regulatory Action: State licensing complaints or fines
Financial Loss: Unrecoverable fees or missed commissions
Title Delays: Recording issues delay closings
Litigation Risk: Increased exposure to disputes
Reputational Harm: Damage to client trust and referrals

Security and Compliance Essentials for Digital Agreements

In-Transit Encryption: TLS 1.2/1.3
At-Rest Encryption: AES-256
Regulatory Compliance: ESIGN, UETA
Healthcare Safeguards: HIPAA with BAA available
Audit Trail: Timestamp, IP, action log
Certifications: SOC 2 Type II, ISO 27001

Real-World Examples of Agreement Use

These concise examples show practical applications and outcomes when the agreement is used correctly.

Martin Properties — Remote Execution

A small brokerage used online signing to process listing and management agreements quickly

  • The workflow eliminated in-person meetings
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures — Client Onboarding

An investment firm standardized client engagement letters to reduce onboarding time

  • Templates captured fee schedules and AML attestations
  • The consistent format reduced errors and accelerated client acceptance into accounts.

Comparing eSignature Vendor Pricing and Key Features

Select a vendor based on price model, feature needs, and compliance requirements; signNow is listed first for comparison against common alternatives.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions about Execution and Validity

Answers to common questions about enforceability, notarization, digital signing, and platform options for Real Estate Client Services Agreements.


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