Can this form be signed electronically?

Yes. Electronic signatures are valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; New York uses ESRA. Ensure intent, consent, attribution, and retention are documented for enforceability.

Is notarization required?

Generally no for a Right to Represent, which is a private contract. Notarization may be advisable in high-value matters or where local practice expects it; deeds and certain conveyance documents can require notarization.

What if a party's name is wrong?

Minor typographical errors can often be corrected by amendment or initialed addendum. Material name mismatches may jeopardize enforcement and should be corrected and re-signed promptly.

Can the client revoke authority?

Clients can generally revoke authority in writing subject to terms in the agreement. Include a clear revocation procedure and notice period to avoid disputes.

How long should records be kept?

Follow retention guidance: keep executed records for the term plus at least three years; tax and industry rules may require longer retention (see IRC §6501(a), HIPAA 45 CFR §164.530(j)).

What proves an electronic signature is authentic?

An audit trail showing signer identity, timestamp, IP address, and any authentication method used supports attribution. For higher assurance use multi-factor or credentialed identity proofing.

Electronic Signature
Templates
Real estate
Real Estate Right to Represent

Real Estate Right to Represent

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

REAL ESTATE RIGHT TO REPRESENT

This Right to Represent Agreement (the Agreement) is entered into between the undersigned parties for the purpose of establishing the broker's authority to represent the client in connection with the acquisition, disposition, or leasing of real property identified below. The parties hereby agree as set forth herein.

PARTIES

Client Name:

Client Address:

Client Phone: Client Email:

Broker Name:

Brokerage Firm: Broker License No.:

Broker Office Address:

Broker Phone: Broker Email:

PROPERTY IDENTIFICATION

Property Address:

Parcel / APN Number:

Legal Description:

SCOPE OF REPRESENTATION

Broker is authorized to represent Client in the following capacity (select one or more as applicable): Purchase Sale Lease

Representation Type (select one): Exclusive Right to Represent / Exclusive Agency Non-Exclusive

Term Commencement: Month Day Year

Term Expiration: Month Day Year

COMPENSATION / COMMISSION

Commission Structure (select applicable): Percentage: Flat Fee:

Commission Payable By:

Commission Earned: The commission shall be earned when a binding contract is executed by the client and the other contracting party or as otherwise specified in a separate purchase or listing agreement. Client acknowledges that commission terms may survive termination of this Agreement as to transactions procured by Broker during the term.

Cooperating Broker Split / Fee to Other Brokers:

BROKER DUTIES; CLIENT AUTHORITY

Broker agrees to use reasonable professional efforts to identify, present, and negotiate transactions on behalf of Client, to provide market information, and to advise Client about offers and counteroffers. Broker will keep Client reasonably informed of material developments.

Client authorizes Broker to obtain and review property, financial, title, and other records reasonably necessary to perform representation. Client initials to authorize release of information:

CONFLICTS, DUAL AGENCY, CONFIDENTIALITY

Broker shall disclose any known material conflicts of interest. Dual agency may arise if Broker represents both parties; such dual agency will occur only with the informed consent of Client. Client hereby: Consents to possible dual agency Does not consent to dual agency

Client authorizes Broker to disclose confidential information only as necessary to effectuate the transaction, as required by law, or with Client's express consent. Confidential information does not include information that becomes publicly available through no fault of Broker.

DISCLOSURES

Lead-Based Paint Known: Yes No

Mold or Environmental Condition Known: Yes No

Prior Structural or Significant Damage: Yes No

DEFAULT, TERMINATION, AND REMEDIES

This Agreement may be terminated by either party upon written notice to the other party as provided herein. If Client breaches this Agreement or engages another broker in violation of an exclusive appointment, Broker shall be entitled to pursue contractual remedies, including the commission specified herein, and to seek equitable relief where appropriate.

Notice of termination period in days:

Broker shall use reasonable efforts to mitigate damages following termination. Any commission or fee due under a separately executed purchase, sale, or lease agreement shall be governed by the terms of that agreement.

INDEMNIFICATION; LIMITATION OF LIABILITY

Client agrees to indemnify and hold Broker harmless from claims, liabilities, or losses arising from Client's misrepresentations, failure to disclose material facts, or breach of this Agreement. Broker's liability for negligent acts shall be limited to direct damages and shall not include consequential or punitive damages except for willful misconduct.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state where the property is located. This Agreement constitutes the entire agreement between the parties concerning the subject matter and supersedes all prior negotiations and agreements, whether written or oral. Amendments must be in writing and signed by both parties.

ADDITIONAL TERMS

Special Conditions / Additional Instructions:

ACKNOWLEDGMENTS

By signing below, Client acknowledges receipt of a copy of this Agreement, warrants that Client has the authority to enter into this Agreement, and acknowledges having read and understood the terms herein. Broker acknowledges the duty to act in the Client's best interest consistent with applicable law and professional standards.

Client Name:

By:

Date:

Broker Name / Firm:

By:

Date:

What the Real Estate Right to Represent does and when it applies

A Real Estate Right to Represent is a written agreement in which a broker or agent documents authority to represent a buyer or seller in locating, negotiating, or acquiring property. The form defines the parties, scope of representation, compensation or commission terms, whether representation is exclusive, and the effective term. It helps establish agency duties and reduces disputes about who is entitled to a commission. When executed correctly it becomes an enforceable contract between the client and the brokerage and may be signed electronically under ESIGN and state UETA laws.

Why formalizing representation matters

A clear Right to Represent reduces ambiguity about agency, protects commission rights, documents disclosures, and creates an auditable record of client consent and agreed compensation.

Who typically completes and relies on this form

The completed form provides a consistent record for transactions and supports downstream tasks such as offer submission, commission invoicing, and dispute resolution.

Licensed Brokers and Agents who need written authority to negotiate and collect commissions on behalf of a client.
Buyers or Sellers who must acknowledge agency, disclosures, and compensation terms before an agent acts on their behalf.
Brokerage Managers and Compliance teams who retain signed records to support commission disputes and regulatory audits.

Core elements to include in a professional Right to Represent

A complete form balances legal clarity with operational detail so parties understand duties, duration, compensation, and limits of authority.

Parties

Full legal names and license details for the client and the broker, including brokerage firm, license number, and contact information for accurate identification.

Scope

Clear description of the services the broker will provide, geographic or property-type limits, and whether the agent can negotiate, present offers, or retain subagents.

Term

Effective date and expiration or review period. State whether automatic renewal applies and how early termination or revocation is handled.

Compensation

Specific commission rate or fee schedule, conditions that trigger payment (closing, lease execution), and responsibility for closing costs or split arrangements.

Exclusivity

Whether the agreement is exclusive, non-exclusive, or exclusive for defined property types or timeframes, and the consequences of exclusivity on other broker involvement.

Disclosures

Required agency disclosures, conflict-of-interest statements, dual agency consent where applicable, and brief privacy or record-keeping notices.

How to complete and execute a Right to Represent

Follow these steps to create a clear, enforceable agreement and capture reliable execution evidence.

01

Gather information: Collect IDs, license numbers, and property details.
02

Define scope: Specify services, exclusivity, and geographic limits.
03

Set compensation: Enter commission rate and payment triggers.
04

Sign & store: Obtain signatures and retain the executed file and audit trail.

Digital signing and file format considerations

Preserve the signed record and accompanying metadata (timestamps, IP, signer email) to support enforceability and compliance under ESIGN and state e-signature laws.

File formats: PDF and DOCX supported for editing and long-term storage.
Integrations: Salesforce, Microsoft 365, NetSuite integrations streamline routing.
Authentication: Email, SMS, or advanced options for stronger signer identity.

Recommended online workflow settings for this form

Configure fields and authentication to balance signer convenience with evidence strength for potential disputes.

Field	Configuration
Signature Type	Electronic signature field; require initials where needed
Authentication	Email link or SMS code; consider ID verification for high-value deals
Retention	Store signed PDF plus audit trail for minimum retention period
Notifications	Enable signer reminders and completion receipts

Typical execution and routing flow

Execution workflows should create an auditable path from draft to signed agreement and distribute copies to relevant parties.

Prepare document: Draft and place required fields in the form.
Assign signers: Add client and broker email addresses and role order.
Authenticate signer: Use email link or SMS verification codes.
Archive executed: Save signed PDF and audit log for records.

Key legal risks from incomplete or incorrect forms

Unclear Commission: May lead to costly disputes

Invalid Signature: Can render agreement unenforceable

Missing Disclosure: Regulatory penalties or rescission risk

Unauthorized Agent: Principal may disavow agent acts

Statute of Frauds: Some transactions may require written terms

Tax Exposure: Incorrect reporting can trigger IRS penalties

Common preparation errors to avoid

Using informal or partial names that do not match government ID, which can delay closings and impair enforceability.
Leaving compensation terms vague or conditional without clear triggering events, inviting commission disputes and litigation.
Failing to document exclusivity or geographic limits, creating overlapping representation claims with other brokers.
Relying on unsigned or image-only signatures without retaining a full audit trail of execution and signer authentication.

Timing and critical dates to include and monitor

Set and monitor the agreement’s effective date, term length, and notice periods to avoid inadvertent lapses in representation authority.

Effective Date:

Date the agreement begins; use MM/DD/YYYY format

Term Length:

Specify days/months of coverage (e.g., 90 days)

Revocation Notice:

State how and when a client may terminate in writing

Commission Trigger:

Define event that creates commission obligation

Record Retention:

Keep executed records per retention guidance

Who can and should sign the agreement

Broker — Managing Broker

The managing broker or an authorized agent signs to bind the brokerage. Include firm name, license number, and contact details so third parties can verify authority and enforce commission provisions.

Client — Property Buyer

The buyer or seller, as the contracting principal, must sign and date. If signing for an entity, include printed name and title to confirm signing authority for enforcement and tax reporting.

Practical examples of how firms use a Right to Represent

Real-world use cases show how the form clarifies duties and accelerates transactions while preserving legal protection.

Martin Properties

A small brokerage formalized buyer representation to manage remote closings and document consent.

The agent used an electronic audit trail for every signing step.
The executed records allowed the firm to demonstrate representation and resolve a commission dispute without in-person witnesses or lengthy litigation.

Optica Ventures LLC

A venture investor relied on broker representation clauses when acquiring multiple properties across states.

The agreement specified compensation and exclusivity in each market.
Clear terms reduced negotiation time and provided a single point of contact for closing logistics and commission allocation.

eSignature vendor pricing and capability comparison for signing this form

Comparison focuses on starting price, trial availability, bulk-send capability, audit trail, HIPAA compliance, and envelope limits relevant to high-volume or regulated workflows.

	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	Varies	Varies	Varies
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about the Right to Represent

Answers to common execution, enforceability, and recordkeeping questions for brokers and clients.

Need help? Contact support

Can this form be signed electronically?
Yes. Electronic signatures are valid under the federal ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; New York uses ESRA. Ensure intent, consent, attribution, and retention are documented for enforceability.
Is notarization required?
Generally no for a Right to Represent, which is a private contract. Notarization may be advisable in high-value matters or where local practice expects it; deeds and certain conveyance documents can require notarization.
What if a party's name is wrong?
Minor typographical errors can often be corrected by amendment or initialed addendum. Material name mismatches may jeopardize enforcement and should be corrected and re-signed promptly.
Can the client revoke authority?
Clients can generally revoke authority in writing subject to terms in the agreement. Include a clear revocation procedure and notice period to avoid disputes.
How long should records be kept?
Follow retention guidance: keep executed records for the term plus at least three years; tax and industry rules may require longer retention (see IRC §6501(a), HIPAA 45 CFR §164.530(j)).
What proves an electronic signature is authentic?
An audit trail showing signer identity, timestamp, IP address, and any authentication method used supports attribution. For higher assurance use multi-factor or credentialed identity proofing.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now