Can this agreement be signed electronically?

Yes. Electronic signatures that meet the ESIGN Act standard (15 U.S.C. ch. 96) and applicable UETA provisions are legally enforceable for most real estate engagements, except where state law expressly requires wet signatures for specific instruments.

When is notarization or witness required?

Notarization and witness rules depend on the document type and state. Deeds generally require notarization; some states require witnesses for deeds or powers of attorney. Consult the state recording or notary statute for exact requirements.

Does HIPAA affect these engagements?

HIPAA applies only if protected health information is present. If the engagement collects or transmits PHI, ensure a Business Associate Agreement and HIPAA-compliant controls are in place before using an eSignature provider.

How do I correct a signed engagement?

A post-execution amendment or addendum signed by all parties is recommended; voiding and re-executing is required if critical fields were materially incorrect and all parties do not consent to a written amendment.

What audit data should I retain?

Retain the signed document plus an audit trail containing signer identity, timestamps, and IP or authentication evidence for the retention period applicable to your records and any regulatory requirements.

How can signNow features support this process?

Platforms with templating, conditional fields, audit trails, and HIPAA-compliant workflows can reduce errors and speed execution; verify the vendor's certifications and BAA options before storing sensitive data.

Electronic Signature
Templates
Real estate
Real Estate Main Engagement

Real Estate Main Engagement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE MAIN ENGAGEMENT

Parties and Effective Date

This Real Estate Main Engagement Agreement (the Agreement) is entered into by and between:

Client Name: Client Contact (Address, Phone, Email): Broker / Firm Name:

Property Identification

Property Address: Parcel / APN Number: Legal Description:

Engagement Term

Effective Date:

Termination Date:

The Broker is appointed to act on behalf of the Client for the Property described above during the term specified. Broker's duties include marketing, negotiating, preparing and presenting offers, coordinating inspections and closing procedures, and advising the Client as to market conditions and pricing.

Engagement Type

Check the applicable engagement authority granted to Broker (check one):

Exclusive Right to Sell Exclusive Agency Non-Exclusive Listing

Buyer Representation Property Management Authorization

Compensation and Expenses

Client agrees to compensate Broker as follows. Commission is earned upon procurement of a ready, willing and able buyer or upon consummation of a sale during the term or within the protection period described below.

Commission Percentage (of gross sale price): Minimum Commission or Flat Fee (if applicable): Additional Fees / Bonus:

Unless otherwise agreed, Client will be responsible for actual out-of-pocket marketing expenses paid by Broker. Such expenses will be advanced by Broker and reimbursed at closing or upon demand. Payment of commission is net of customary closing credits and prorations.

Escrow / Earnest Money Holder (if known):

Marketing and Authorization

Client authorizes Broker to market the Property, to place the Property in cooperative listing services and to hold open houses, showings and to advertise by print and electronic media. Broker may engage third-party vendors as necessary.

Marketing Budget Authorized (estimated): Authorized Marketing Activities:

Authorize Broker to list Property on multiple listing services and cooperating broker networks. Authorize showings and open houses.

Representations, Disclosures and Inspections

Client represents that Client is the lawful owner or authorized representative of the Property and has the right to enter into this Agreement. Client shall disclose all material facts known to Client that may affect the value, desirability or use of the Property.

Lead-based paint (if built before 1978): Yes No Unknown

Known mold, water intrusion or material damage: Yes No Unknown

Prior structural or material damage repaired: Yes No Unknown

Additional Disclosures / Notes:

Confidentiality, Indemnity and Liability

Broker will treat confidential information received from Client as confidential, except as required to perform Broker's duties, to comply with law, or to disclose to cooperating brokers and service providers. Client shall indemnify and hold Broker harmless from claims arising from Client's misrepresentations or failure to disclose material information.

Client initials acknowledging indemnity and confidentiality obligations:

Default, Remedies and Protection Period

If Client defaults under this Agreement, Broker shall be entitled to recover actual damages including the agreed commission if earned prior to termination. Client agrees to pay the commission if Client transfers or sells the Property to a party introduced by Broker during the term or within the protection period.

Protection Period (days after termination):

Notices and Delivery

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses set forth herein or to other addresses designated in writing. Notices delivered by hand, nationally recognized overnight courier, or email (with confirmation) shall be effective upon receipt.

Governing Law; Entire Agreement

This Agreement shall be governed by the laws of the state of and constitutes the entire agreement between the parties. Any amendment must be in writing and signed by both parties.

Miscellaneous Provisions

Broker may engage cooperating brokers and subagents. Broker shall maintain customary errors and omissions coverage; such coverage is for Broker's benefit and does not limit Client's remedies. If any provision is held unenforceable, remaining provisions shall remain in full force.

Additional Terms (optional):

Client Printed Name:

By:

Date:

Broker / Firm Printed Name:

By:

Date:

What the Real Estate Main Engagement Document Covers

The Real Estate Main Engagement is a written agreement that defines the relationship between a brokerage or agent and a property owner or buyer, describing services to be provided, the property involved, compensation and the agreement term. It records obligations such as marketing, showings, offer handling, commission splits, confidentiality, and required disclosures. The engagement creates a contractually binding framework once signed by the authorized parties and may include attachments for property condition disclosures, agency notices, and addenda that become enforceable parts of the agreement.

Why a Clear Engagement Matters for Transactions

A precise engagement reduces disputes, clarifies who performs which tasks, and documents commission entitlements and timelines. It protects both client and agent by setting expectations, assigning responsibilities, and establishing remedies for breaches under applicable state law.

Typical Users and Roles for This Agreement

The Real Estate Main Engagement is used by a range of participants across brokerage and client workflows.

Brokerage teams and managing brokers who must document agency relationships and supervision responsibilities.
Listing and buyer agents who need a written scope of services and commission terms to present to clients.
Property managers or investment firms that formalize engagement terms for leasing, marketing, or disposition services.

Each party should confirm signatory authority and retain a copy for compliance, audit, and post-closing reference.

Representative Signers and Their Responsibilities

Listing Broker

The listing broker signs to accept appointment, outlines marketing obligations, supervises agents, and documents commission structure; retains records to comply with state licensing and MLS rules and to support any later commission disputes.

Seller Client

The seller (or authorized owner signatory) confirms ownership, consents to marketing and access, and agrees to the stated commission and termination terms; accuracy of owner name and title is essential for closing and tax reporting.

Core Components to Include in a Professional Engagement

A comprehensive engagement should include identifiable parties, property details, scope of services, compensation, term and termination language, and required disclosures or attachments.

Parties

Full legal names and business entity types for all signatories, including brokerage license numbers and contact information to establish clear attribution and authority.

Property Description

Street address plus legal description or parcel number; avoid informal references so the document unambiguously identifies the asset throughout the transaction.

Scope of Services

Specify marketing activities, showing protocols, MLS listing responsibilities, and any exclusivity or dual agency conditions that affect duties and disclosures.

Compensation

State commission rates or formulas, timing of payment, who pays fees at closing, and how splitting with cooperating brokers will be handled.

Term & Termination

Define effective date, end date or automatic renewal, notice periods for termination, and consequences for early termination including potential commission obligations.

Disclosures & Attachments

Include property condition disclosures, lead-based paint forms when applicable, agency disclosures, and any addenda that modify obligations or timelines.

Step-by-Step: Completing the Engagement

Follow this concise sequence when preparing and executing the Real Estate Main Engagement.

01

Gather records: Collect IDs, deed, and prior disclosures.
02

Enter parties: Type full legal names and business details.
03

Define terms: Specify price, commission, and term.
04

Sign and distribute: Obtain signatures and share executed copies.

How to Configure an Online Engagement Workflow

Typical setup fields align the document to digital signing, notifications, and retention rules in your eSignature platform.

Field	Configuration
Template Name	Use a clear template name for reuse and version control
Signer Order	Set sequential or parallel signing order based on approval flow
Authentication	Choose email, SMS code, or advanced authentication as required
Retention Settings	Enable audit trail and storage location for compliance

Where Executed Engagements Are Sent and Stored

After execution, copies should be delivered to the parties, retained by the broker, and uploaded to any required systems.

Client Copy: Provide an executed PDF to each client signatory
Broker Records: Store the signed agreement in firm document systems for compliance
MLS / Portal: Upload listing data to MLS and attach agreement if required
Title / Lender: Share executed agreement with title or lender as required for closing

Technical Considerations for Digital Completion

Ensure platform support for the document formats, signer authentication, and any notarization workflows you require.

File Formats: PDF and DOCX are standard for templating and final signed copies
Integrations: Look for CRM and MLS integrations to automate data flow
Authentication: Support for email, SMS codes, or two-factor authentication

Confirm retention and audit trail settings meet state licensing and recordkeeping obligations; when handling health or financial data verify HIPAA or other industry requirements before enabling workflows.

Common Timelines and Deadlines to Track

Several timeframes matter during negotiation, execution, and closing; make these explicit in the engagement and your internal checklist.

Deliver Property Disclosures:

Provide statutorily required disclosures within the state-mandated timeframe, often before contract acceptance.

Listing Activation Window:

Publish MLS listing promptly; many broker rules require activation within 24–72 hours of signed engagement.

Termination Notice Period:

Honor any written notice periods for early termination as outlined in the agreement.

Commission Payment Timing:

Commission is typically due at closing or as specified; align with escrow and title procedures.

Document Retention Start:

Retention clocks begin on the effective date or filing date specified by regulation.

Key Milestones from Signing to Closing

Track these sequential stages so responsibilities and handoffs are clear throughout the transaction lifecycle.

01

Engagement Signed

Execution establishes agency duties and starts the term clock.

02

Marketing Live

Launch advertising and enter MLS per the marketing plan.

03

Offer Management

Collect and present offers, document client decisions and counteroffers.

04

Closing and Disbursement

Coordinate title, escrow, and commission distribution at closing.

Common Preparation Errors to Avoid

Using an informal or partial property description that mismatches title records and delays closing or triggers title objections.
Failing to obtain signatures from an authorized corporate officer when an entity owns the property, which can void acceptance.
Leaving commission terms vague or missing which creates later disputes with cooperating brokers or escrow agents.
Not attaching required statutory disclosures or addenda, exposing parties to rescission rights or regulatory penalties.

Consequences of an Incorrect or Incomplete Engagement

Unenforceable Terms: May invalidate commission claims or key obligations

Regulatory Fines: State real estate commission penalties possible

License Action: Errors could trigger disciplinary review on broker license

Delayed Closing: Title or lender requirements may halt settlement

Tax Consequences: Incorrect payee information can trigger IRS backup withholding

Fraud Exposure: Incomplete identification elevates fraud and liability risk

Real-world Examples of Engagement Use

Two brief examples illustrate common outcomes when the engagement is used with digital signing and standardized templates.

Martin Properties (Case)

Tim Martin used digital execution to process lease and sale documents quickly

Quote: "I can process and execute all of these documents online with 100% compliance and built-in security."
The firm reduced in-person appointments, maintained compliance with recordkeeping, and accelerated transaction turnaround without changing core agency practices.

Optica Ventures (Case)

Optica Ventures emphasized user simplicity for clients and staff

Quote: "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."
The team standardized templates and cut administrative back-and-forth by consolidating client forms and storing executed agreements centrally for audits.

Security and Compliance Features to Verify

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Timestamped logs with signer attribution

HIPAA Support: Business Associate Agreement available when required

Regulatory Certs: SOC 2 Type II and ISO 27001 compliance

21 CFR: 21 CFR Part 11-capable features available

Accessibility: WCAG 2.0 Level AA compliance

Practical Tips for Accurate and Efficient Completion

Follow these operational measures to reduce errors and accelerate processing.

Confirm Signatory Authority

Verify corporate resolutions or proof of authority for entity signers and confirm that names match title and deed records to avoid invalidated agreements and closing delays.

Attach Required Disclosures

Always attach state-mandated property disclosures and agency notices; omission can expose parties to rescission rights and regulatory penalties under state real estate laws.

Use Conditional Fields

Where available, use conditional and required fields to prevent submission with missing critical data such as commission rate, effective date, or owner signature, which reduces rework.

Maintain Version Control

Store executed copies with audit trails and unique file names; retain pre-execution drafts separately to preserve negotiation records for disputes or regulatory review.

eSignature Vendor Pricing and Feature Snapshot

A concise comparison of starting prices and select capabilities for common eSignature vendors; signNow appears first in the vendor column order.

	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	7-day free trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions and Troubleshooting

Answers to common compliance, signing, and workflow questions related to the Real Estate Main Engagement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures that meet the ESIGN Act standard (15 U.S.C. ch. 96) and applicable UETA provisions are legally enforceable for most real estate engagements, except where state law expressly requires wet signatures for specific instruments.
When is notarization or witness required?
Notarization and witness rules depend on the document type and state. Deeds generally require notarization; some states require witnesses for deeds or powers of attorney. Consult the state recording or notary statute for exact requirements.
Does HIPAA affect these engagements?
HIPAA applies only if protected health information is present. If the engagement collects or transmits PHI, ensure a Business Associate Agreement and HIPAA-compliant controls are in place before using an eSignature provider.
How do I correct a signed engagement?
A post-execution amendment or addendum signed by all parties is recommended; voiding and re-executing is required if critical fields were materially incorrect and all parties do not consent to a written amendment.
What audit data should I retain?
Retain the signed document plus an audit trail containing signer identity, timestamps, and IP or authentication evidence for the retention period applicable to your records and any regulatory requirements.
How can signNow features support this process?
Platforms with templating, conditional fields, audit trails, and HIPAA-compliant workflows can reduce errors and speed execution; verify the vendor's certifications and BAA options before storing sensitive data.

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