Can a placement contract be signed electronically?

Yes. Electronic signatures meet legal standards under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws when intent, consent, attribution, and record retention are satisfied.

When is the fee considered earned?

A fee is earned when the contract’s specified trigger occurs (for example, execution of a binding purchase agreement or receipt of investor funding). Define the trigger precisely in the compensation clause.

Do placement contracts need notarization?

Not typically for broker fee agreements, but certain state-specific real estate instruments (deeds, some affidavits) require notarization; verify state law and transaction type.

How do I prove I introduced a buyer?

Maintain contemporaneous records: dated emails, meeting notes, term sheets, and platform audit logs showing the introduction and subsequent engagement.

What happens on post-termination introductions?

Include a tail or protection period in the contract specifying duration and conditions under which the broker remains entitled to fees after termination.

How long should I keep executed contracts?

Retain executed placement contracts for the active term plus several years; follow IRS guidance for tax records and industry-specific retention like HIPAA if applicable.

Electronic Signature
Templates
Real estate
Real Estate Placement Contract

Real Estate Placement Contract

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REAL ESTATE PLACEMENT CONTRACT

Parties

This Real Estate Placement Contract (the Agreement) is entered into between Owner and Broker as of the Effective Date set forth below.

Owner Name Owner Contact Information Broker / Agent Name Broker Contact Information

Property Identification

Property Address Parcel / APN Number Legal Description

Appointment; Scope of Services

Owner appoints Broker to act as Owner's agent solely for the purpose of locating prospective tenants or purchasers for the Property and to perform related marketing, screening and placement services (the Services). Broker shall use commercially reasonable efforts to market the Property and present qualified prospects to Owner.

Type of placement sought: Lease/Rental Sale

Term; Exclusivity

This Agreement commences on and continues until unless earlier terminated as provided herein.

Exclusivity: Exclusive brokerage appointment Non-exclusive appointment

Compensation; Commission

Owner agrees to pay Broker the following compensation for a successful placement (Commission). For Lease placements: Broker shall be paid of the first full month's rent paid by the tenant or a flat fee of .

For Sale placements: Broker shall be paid a commission equal to % of the gross sales price or a flat fee of .

Commission becomes payable at the earlier of: (i) execution of a binding lease or sale contract procured by Broker; or (ii) closing or move-in. If a lease or sale results from a prospect introduced by Broker within days after termination, Broker's commission shall be payable as if placement occurred during the Term.

Payment Terms; Expenses

All commissions and fees are due within days of invoice or closing/move-in. Late payments shall incur interest at the lesser of 1.5% per month or the maximum permitted by law.

Advertising, listing fees and extraordinary marketing expenses shall be pre-approved in writing by Owner and reimbursed to Broker upon presentation of receipts. Routine marketing costs are included in the Commission unless otherwise agreed in writing.

Tenant / Buyer Screening and Acceptance

Broker will conduct customary screening of prospective tenants or buyers, including credit, criminal and rental history checks where permitted. Broker will submit prospective applicants to Owner for final acceptance. Owner retains sole discretion to accept or reject any prospect.

Security Deposit Handling

If Broker receives security deposit or rent on Owner's behalf, Broker shall hold such funds in a trust or escrow account in accordance with applicable law and shall not commingle those funds with Broker's operating funds. Broker shall provide accounting to Owner upon request.

Representations and Warranties

Owner represents and warrants that Owner is the lawful owner or authorized representative of the Property, has the authority to enter into this Agreement, and that the Property is free of encumbrances that would prevent the performance of this Agreement except as disclosed in writing to Broker.

Disclosures

Owner must disclose known material conditions affecting habitability or value. Please indicate the following:

Lead-based paint (for properties built before 1978): Yes No

Known mold or water intrusion: Yes No

Prior structural damage or material repairs: Yes No

If any "Yes", describe

Confidentiality; Advertising

Broker may advertise the Property, show it to prospective purchasers or tenants, and distribute photographs and descriptions. Broker and Owner shall keep confidential any non-public financial or personal information obtained in the performance of this Agreement, except as required by law or with written consent.

Indemnification; Limitation of Liability

Owner agrees to indemnify and hold Broker harmless from claims, liabilities, losses, and expenses arising from Owner's breach of this Agreement or Owner's representations, except to the extent arising from Broker's gross negligence or willful misconduct. Broker's liability for any claim shall not exceed the total commissions paid under this Agreement.

Default and Remedies

A material default by either party, if not cured within 10 days after written notice, shall entitle the non-defaulting party to pursue all remedies available at law or equity, including specific performance and recovery of costs and attorneys' fees incurred in enforcing this Agreement.

Termination

Either party may terminate this Agreement for convenience upon days prior written notice. Termination shall not relieve Owner's obligation to pay commissions on transactions procured by Broker prior to termination or protected by the protection period herein.

Notices

All notices under this Agreement must be in writing and delivered by personal delivery, nationally recognized overnight courier, or certified mail to the addresses set forth for each party above. Notice is effective upon receipt.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings, written or oral.

Miscellaneous

No assignment of this Agreement by either party shall be effective without the prior written consent of the other party. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Additional Terms or Special Instructions

Execution

Owner (Printed Name):

By (Signature):

Date:

Broker (Printed Name):

By (Signature):

Date:

What the Real Estate Placement Contract Is and when it applies

A Real Estate Placement Contract is a written agreement that sets out the terms under which a broker, agent, or placement service finds, introduces, or places a buyer, tenant, investor, or financing source with respect to a property or portfolio. It defines the parties, the scope of services, duration, compensation and exclusivity terms, and any performance conditions. The contract governs when fees are earned and payable, identifies required disclosures, and allocates responsibilities for due diligence and document delivery when a match or transaction is achieved.

Why a clear placement contract matters for real estate deals

A well-drafted Real Estate Placement Contract reduces disputes about who introduced a buyer or investor, clarifies commission triggers, and documents consent to remedies and confidentiality. It also sets expectations for timelines, exclusivity, and any required supporting materials.

Who typically completes a Real Estate Placement Contract

Real estate brokers, placement agents, property owners, private equity firms, and their legal or transaction teams commonly use this contract.

Listing brokers and agents who represent sellers and need written placement terms.
Placement brokers who introduce investors or lenders to developers and sponsors.
Property owners, asset managers, and institutional sellers engaging third-party finders.

Parties should confirm authority to sign and document any agency or referral relationships before executing the contract.

Roles that sign and manage placement contracts

Listing Agent

A licensed real estate agent or broker representing the seller or landlord. They are usually responsible for providing property details, coordinating introductions, and confirming when a buyer or tenant is a procuring cause for commission payment. Their signature binds the listing principal to the placement terms.

Placement Broker

A broker or finder engaged to market the property or source capital. The placement broker’s responsibilities include lead generation, documentation of introductions, and following any exclusivity or notice provisions required to earn a fee; signatures create contractual entitlement to compensation when terms are met.

Core elements to include in a professional placement contract

Include these components to make the contract enforceable, minimize ambiguity, and align expectations among listing parties, brokers, and introduced contacts.

Parties

Identify full legal names and roles for each party (seller/owner, broker, placement agent, and any referral partners). Include business entity types and state of formation for corporate parties.

Scope of Services

Describe the placement activities (introductions, marketing, investor outreach), geographic or asset-type limits, and whether services include negotiations or merely introductions.

Compensation

Specify fee type (flat, percentage, or success fee), entitlement triggers (execution of purchase agreement, binding LOI, or funding), timing of payment, and who is responsible for withholding or taxes.

Exclusivity

State whether the broker has exclusive placement rights, the exclusivity period, and how competing introductions are treated for fee entitlement.

Representations & Warranties

Include accuracy of property or financial information, authority to contract, and any required disclosures about liens, encumbrances, or material liabilities.

Termination & Remedies

Explain how the contract may be terminated, post-termination fee protections (tail period), dispute resolution, and limitation of liability provisions.

Step-by-step: completing a placement contract

Follow this sequence to draft, review, and execute the contract with minimal rework and clear evidence of agreement.

01

Prepare draft: Assemble property facts and fee language for initial draft.
02

Review with counsel: Have legal counsel confirm enforceability and compliance.
03

Exchange with counterparty: Send draft for edits and reconcile differences.
04

Execute and record: Obtain signatures and retain executed copies for records.

Typical online workflow for placing and signing the contract

A common digital workflow streamlines introductions, approval routing, and signature capture while maintaining an audit trail of actions.

Upload document: Upload the contract as PDF or DOCX to the signing platform.
Place fields: Add signature, date, and initial fields for each signer.
Assign signers: Specify signer emails and role-based signing order if needed.
Execute and archive: Signers complete signing; system stores executed file and audit log.

Recommended digital settings when sending a placement contract

Set these configuration options in your eSignature tool to protect the transaction and simplify verification.

Field	Configuration
Signer authentication	Email + SMS code or KBA for third parties
Signing order	Sequential where approvals depend on prior signature
Document retention	Enable PDF archive + audit trail export
Access control	Restrict download to signed parties

Digital signing and e-submission considerations

Ensure the chosen platform supports legally admissible audit trails, strong authentication, and exportable signed PDFs to meet ESIGN and UETA requirements.

File formats: PDF, DOCX accepted
Integrations: CRM and cloud storage
Security: TLS in transit, AES-256 at rest

Confirm platform HIPAA or industry requirements as needed, enable two-factor authentication for high-value deals, and retain the signing certificate with the executed file.

Real-world examples of placement contract use

These short cases show how placement agreements operate in practice across different deal types.

Brokered Sale

A regional broker introduced a buyer to a 50-unit apartment complex

Broker documented the introduction via email and listing ID
After closing the seller paid the agreed 4% fee; the broker retained records and the executed placement contract for seven years to support the commission claim.

Investor Placement

A placement agent sourced equity for a redevelopment project

Agent provided term sheets and introduced accredited investors under an exclusivity period
When the sponsor executed subscription agreements, the agent invoiced per the success-fee schedule and attached closing certificates as proof.

Practical tips to reduce disputes and speed payment

Follow these practices to limit ambiguity and make entitlements easier to verify after a transaction closes.

Document introductions

Record the date, method, and recipient of every introduction; contemporaneous evidence strengthens a fee claim.

Define fee triggers

Use precise triggering events (signed purchase agreement with specified buyer) and avoid subjective language.

Include a tail period

Set a defined post-termination window during which prior introductions still earn a fee, typically 6–12 months.

Preserve audit logs

Retain signed PDFs and platform audit trails showing signer identity, IP, and timestamps.

Key milestones and sequential stages for a placement engagement

Track these numbered milestones as the engagement progresses from offer through close and post-close recordkeeping.

01

Engagement Effective

Contract execution starts exclusivity and performance timelines.

02

Marketing Period

Active outreach and introductions take place as defined by scope.

03

Acceptance or LOI

Signed LOI or binding offer triggers certain fee rights.

04

Closing & Payment

Closing of sale or funding triggers payment per compensation terms.

Representative eSignature pricing and feature comparison for placement contracts

Compare basic plan pricing and common feature presence across vendors; signNow is listed first per standard comparison conventions.

	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	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Common questions about Real Estate Placement Contracts

Answers to frequent issues encountered when drafting, executing, or enforcing placement agreements.

Need help? Contact support

Can a placement contract be signed electronically?
Yes. Electronic signatures meet legal standards under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws when intent, consent, attribution, and record retention are satisfied.
When is the fee considered earned?
A fee is earned when the contract’s specified trigger occurs (for example, execution of a binding purchase agreement or receipt of investor funding). Define the trigger precisely in the compensation clause.
Do placement contracts need notarization?
Not typically for broker fee agreements, but certain state-specific real estate instruments (deeds, some affidavits) require notarization; verify state law and transaction type.
How do I prove I introduced a buyer?
Maintain contemporaneous records: dated emails, meeting notes, term sheets, and platform audit logs showing the introduction and subsequent engagement.
What happens on post-termination introductions?
Include a tail or protection period in the contract specifying duration and conditions under which the broker remains entitled to fees after termination.
How long should I keep executed contracts?
Retain executed placement contracts for the active term plus several years; follow IRS guidance for tax records and industry-specific retention like HIPAA if applicable.

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