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Real Estate Remuneration Disclosure

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Real Estate Remuneration Disclosure

This Real Estate Remuneration Disclosure (the "Disclosure") notifies the parties of the nature, amount, and recipient of compensation related to the transaction for the property identified below. The parties acknowledge that the payment of remuneration may affect agency duties, conflicts of interest, and closing procedures. Completion of this Disclosure does not alter other written agreements unless expressly stated.

Effective Date

Effective Date:

Property Identification

Parties

Remuneration — Nature and Amount

The Seller discloses that remuneration will be provided to the Brokerage as follows (mark applicable boxes and complete amount fields).

Percentage of sale price — %

Flat fee — $

Referral fee or cooperative compensation —

Payor, Timing, and Method

Who will pay the remuneration (check all that apply):

Seller Buyer Escrow/Closing Agent Other:

At closing Upon ratified contract Upon occurrence of specified event:

Agency, Conflicts, and Related Parties

The Brokerage discloses the following agency relationships and potential conflicts. Check and complete as applicable.

Dual agency or designated agency is in effect for this transaction. If checked, parties consent to dual/designated agency as described below.

Brokerage or agent will receive remuneration from a related party (e.g., referral from contractor, mortgage broker). Provide details below.

Certifications and Acknowledgements

By signing below, the Seller affirms that the information provided in this Disclosure is true, complete, and made in good faith. The Brokerage affirms that it will account for, and if required by agreement or law will disclose, payment of the stated remuneration to the appropriate parties. Both parties acknowledge that remuneration paid to a Brokerage may be earned for services performed and is not necessarily refundable if the transaction does not close, except as otherwise agreed in writing.

Indemnification: The party responsible for paying remuneration agrees to indemnify and hold harmless the Brokerage and its agents from any claim arising solely from the payer's failure to timely provide the agreed remuneration, except where such failure results from Brokerage's breach of duty or material misrepresentation.

Remedies and Default: If a party defaults on its obligation to pay remuneration as set forth in this Disclosure, the non-defaulting party may pursue all remedies available at law or equity, including recovery of reasonable attorneys' fees and costs incurred in enforcing this Disclosure, to the extent permitted by applicable law.

Governing Law and Entire Agreement: This Disclosure is governed by the laws of the jurisdiction in which the property is located. This Disclosure, together with any other written agreements expressly incorporated by reference, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior negotiations and understandings.

Miscellaneous

Signatures

Seller / Principal:

By:

Date:

Brokerage / Agent:

By:

Date:

Enter text✕

What the Real Estate Remuneration Disclosure Is

A Real Estate Remuneration Disclosure is a written statement that identifies all fees, commissions, referral payments, or other compensation associated with a real estate transaction. It explains who receives payment, the payment amounts or formulas, and the circumstances triggering payment. The disclosure helps buyers, sellers, tenants, and brokers understand financial relationships so they can evaluate conflicts of interest, broker incentives, and post-closing obligations.

Why the Disclosure Matters for Transactions

Clear remuneration disclosures reduce transactional friction, protect parties from undisclosed conflicts, and align expectations about who is paid and when. They support regulatory compliance and can reduce the risk of rescission, civil penalties, or professional discipline when completed accurately and shared at required times.

Why the Disclosure Matters for Transactions

Who typically completes or receives this disclosure

Accurate completion benefits all parties by improving transparency and reducing downstream disputes over who is owed what at closing or lease commencement.

  • Listing brokers and sales agents — disclose commissions, referral fees, and splits associated with the listing.
  • Buyers and tenant representatives — receive notice of any buyer-paid commissions or credits.
  • Title and closing agents — use disclosures to reconcile payoff instructions and settlement statements.

Essential elements to include in a professional disclosure

A complete Real Estate Remuneration Disclosure combines factual payment terms with identification of recipients, timing, and conditions that change or terminate payments.

Parties

Clearly name all payees and payors using full legal names and business entity names where applicable to avoid ambiguity at closing.

Payment Type

Specify whether payment is commission, flat fee, referral fee, finder’s fee, or credit; include whether payment is a percentage or fixed amount.

Amount or Formula

Provide exact dollar amounts or a clear formula (for example, '3% of gross sale price payable at closing') to ensure calculable obligations.

Timing

State when the payment is due (at closing, upon occupancy, on a milestone) and any conditions that delay or accelerate payment.

Contingencies

Note conditions that affect payment: contract termination, financing failure, buyer default, or post-closing adjustments.

Authority

Include the document or agreement authorizing payment (listing agreement, buyer-broker agreement, referral agreement) with dates and parties referenced.

Step-by-step: completing the disclosure form

Follow these steps to prepare and deliver a compliant Real Estate Remuneration Disclosure.

  • 01
    Gather documents: Collect listing, buyer-broker, and referral agreements before drafting.
  • 02
    Populate party fields: Enter full legal names and contact information for all payees and payors.
  • 03
    Describe payment: Specify type, amount/formula, timing, and contingencies in clear language.
  • 04
    Sign and distribute: Obtain required signatures and provide a copy to each transaction party.

Configuring an online workflow for the disclosure

Set up the digital workflow so the disclosure is routed, authenticated, and archived automatically during the transaction lifecycle.

Field Configuration
Signer order Define sequence (broker → seller → buyer) to ensure correct execution order.
Authentication Use email + SMS or ID check for higher assurance when required.
Conditional fields Show payment fields only when referral or third-party fees are present.
Storage Save completed copies to transaction folder and escrow/title provider.

Where to send or file the completed disclosure

Deliver the executed disclosure to the parties and any closing agent or title company responsible for settlement reconciliation.

  • Listing broker: Keep an original signed copy in the broker’s transaction file.
  • Buyer / Seller: Provide each principal a dated copy for their records.
  • Title / Closing agent: Send to title or escrow to reconcile settlement statements.
  • Regulatory filing: Retain per state recordkeeping rules; submit only if statutorily required.

Electronic signing considerations and technical requirements

Preserve the signed record and audit trail in the transaction file and ensure access controls meet professional and state requirements.

  • File formats: PDF, DOCX supported; PDF preferred for preservation.
  • Authentication: Email, SMS codes, or identity verification options increase legal defensibility.
  • Integrations: Connect to CRM and title systems for automatic routing.

Timing checkpoints and recommended delivery windows

Provide disclosures early in the transaction so parties can review before binding commitments are made.

At Listing:

Deliver remuneration disclosure when the property is listed and any listing agreement executed.

Prior to Offer:

Provide buyer-side disclosures before acceptance where compensation affects buyer decisions.

Upon Contract:

Confirm and reissue if payment terms change between offer and contract.

Before Closing:

Ensure title/escrow has the final signed disclosure to prepare settlement statements.

Recordkeeping:

Retain executed copies immediately after closing per retention policy.

Common mistakes to avoid when preparing the disclosure

  • Using informal or abbreviated names that do not match legal entity records, causing reconciliation delays at closing.
  • Failing to state the payment formula precisely (percent basis, base amount, and adjustment clauses), leading to calculation disputes.
  • Omitting conditions that stop or change payments (contract termination, financing failure), which can create post-closing liability.
  • Not providing signed copies to title/escrow, preventing correct settlement statement preparation and delaying disbursements.

Potential consequences of incorrect or missing disclosures

Contract rescission: Incorrect disclosure can be a basis for rescission under state consumer-protection laws
Civil liability: Damages or disgorgement claims from parties who relied on incomplete information
Regulatory fines: State broker licensing actions or fines for statutory disclosure failures
Closing delays: Escrow may withhold disbursements until payment authorizations are reconciled
Reputational harm: Undisclosed fees can harm broker credibility and referrals
Tax issues: Misreported payments can trigger backup withholding or IRS inquiries

Required information elements at a glance

Payee Name: Full legal name
Payor Name: Who will make payment
Payment Type: Commission, referral, flat fee
Amount/Formula: Dollar or percentage
Timing: When payment is due
Authorizing Agreement: Listing or referral agreement

Who generally signs and their authority

Listing Broker — Broker

The listing broker signs to acknowledge commission arrangements with cooperating brokers and to confirm the broker’s authority to disburse or receive funds per the listing agreement.

Seller / Owner

The property owner signs to acknowledge amounts payable from sale proceeds and to authorize payment to named payees at closing or settlement.

Practical examples of how disclosures are used

Two typical scenarios show how disclosures protect parties and clarify settlement calculations.

Residential Listing

A listing agent discloses a 3% commission split to cooperating brokers

  • The disclosure lists the cooperating broker and exact split
  • At closing the title company uses the signed disclosure to authorize commission disbursements, avoiding a post-closing dispute.

Referral Agreement

An investor refers a buyer to a broker for a $2,000 finder’s fee

  • The referral is conditioned on completed sale
  • The disclosure attaches the referral agreement and prevents later claims that the fee was informal or unauthorized.

Typical eSignature vendor pricing and feature comparison

Comparison of common eSignature pricing and feature indicators for workflows that include remuneration disclosures; signNow is listed first per platform guidance.

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 (Business Premium+) Yes (plan-dependent) Yes (plan-dependent) Yes Yes (plan-dependent)
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about execution and validity

Answers to common legal and practical questions when preparing or signing a Real Estate Remuneration Disclosure.


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