Can this be signed electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws. For interstate transactions, ESIGN provides equivalence to handwritten signatures when intent, consent, attribution, and record retention are present.

When is notarization required?

Notarization is required for documents recorded in land records and for certain deeds in all states; witness requirements vary by state. Confirm with the county recorder or state notary office before relying on an unsigned acknowledgment.

What if a party signs with the wrong name?

Mismatched legal names can raise enforceability and tax-reporting issues. Correct by amendment signed by all parties or attach evidence of authorized signatory capacity to clarify identity.

How do I amend the agreement?

Amendments should be in writing, reference the original agreement, specify changes, and be signed by the same authorized parties. Include an effective date for the amendment and retain with the original file.

How long must I keep the signed agreement?

Retain for the contract term plus at least three years; IRS rules require relevant records for three years (IRC §6501(a)); healthcare-related materials must meet HIPAA six-year retention (45 CFR §164.530(j)).

Who is authorized to sign on behalf of a business?

An authorized officer, manager, or agent with express authority should sign. For companies, include printed name and title; verify authority via corporate resolution or power of attorney when necessary.

Electronic Signature
Templates
Real estate
Real Estate Service Agreement

Real Estate Service Agreement

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

REAL ESTATE SERVICE AGREEMENT

This Real Estate Service Agreement (the "Agreement") is entered into by and between:

Client Name:

Client Address

Service Provider / Broker Name:

Service Provider Address

Property Identification

Property Address Parcel / APN Number Legal Description

Engagement and Scope of Services

Client hereby retains Service Provider to perform real estate brokerage and related services for the Property, and Service Provider accepts such engagement subject to the terms and conditions of this Agreement. The scope includes the following services:

Standard services shall include: marketing and advertising, scheduling and conducting showings, receiving and negotiating offers, coordinating inspections and repairs, assisting with financing communications, preparing closing documentation, and cooperating with other brokers and agents. Service Provider shall perform services in accordance with applicable laws, licensing rules, and fiduciary duties.

Term and Termination

Commencement Date: Term Expiration Date:

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches a provision and fails to cure within thirty (30) days after receipt of written notice. Termination shall not relieve Client of obligations to pay commissions or reimbursements earned prior to termination as provided herein.

Exclusivity

Select listing type (choose one): Exclusive Right to Sell Non-exclusive / Open Listing

If exclusive, Client grants Service Provider the exclusive right to market the Property and to receive the commission described below for any sale, exchange, or lease procured during the Term or within any protection period set forth in this Agreement.

Compensation and Payment Terms

Listing / Target Price Commission

Commission shall be earned and payable upon closing of a transaction or upon occurrence of any event specified in this Agreement that creates the Service Provider's entitlement. Commission is payable from sale proceeds or as otherwise agreed. If Client procures a buyer within a protection period of days after termination, commission shall be due if the buyer was introduced during the Term.

Escrow / Handling of Funds

Expenses and Authorization

Client authorizes Service Provider to incur ordinary marketing expenses on Client's behalf subject to prior approval for any single expense exceeding:

Service Provider shall provide receipts for reimbursements. Service Provider may withhold accrued and approved expenses from commissions with prior written notice to Client.

Client Duties and Property Access

Client agrees to: maintain the Property in show-ready condition; disclose known defects and hazards; permit Service Provider reasonable access for showings, inspections, and photography; and provide keys or codes as necessary.

Access Terms / Special Instructions

Keys / Lockbox Provided: Yes

Property Disclosures

Client represents the following known conditions (check applicable boxes):

Lead-based paint disclosure: Yes No

Visible mold or moisture intrusion: Yes No

Prior material damage or repairs (structural, water, fire): Yes No

If Yes, describe known conditions

Agency, Consent and Conflict of Interest

Service Provider will act as: Seller's/Broker's Agent Dual Agency (with consent)

If dual agency is elected, both parties consent in writing to limitations on representation and agree that Service Provider may represent both parties as disclosed and permitted by law.

Insurance, Indemnity and Liability

Client shall maintain property insurance covering the Property as required by law and shall notify Service Provider of any material changes in coverage. Client agrees to indemnify, defend and hold Service Provider harmless from claims, losses, liabilities, and expenses arising from Client's breach of representations, undisclosed defects, or negligent acts, except to the extent caused by Service Provider's gross negligence or willful misconduct.

Insurance Minimum Coverage (if required)

Default, Remedies and Liquidated Damages

Upon material breach, the non-breaching party may seek specific performance, injunctive relief, recovery of damages, and any remedies available at law or equity. If Client wrongfully terminates an exclusive listing during the Term, Client may be liable for the commission otherwise due if a ready, willing and able buyer was produced by Service Provider during the Term.

Confidentiality

Service Provider shall maintain in confidence non-public information about Client and the Property obtained in the course of performance, except as required to market the Property, to comply with legal obligations, or to disclose material facts to prospective buyers. Confidential information excludes information already in the public domain through no fault of Service Provider.

Governing Law; Entire Agreement; Amendments

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 its subject matter and supersedes prior negotiations and understandings. Any amendment must be in writing signed by both parties.

Notices

Notice Address for Client Notice Address for Service Provider

Acknowledgments

Each party acknowledges that it has read this Agreement, understands its terms, has authority to execute it, and that execution may be evidenced by handwritten or electronic signature. Signatures may be delivered in counterparts and shall be effective as originals.

Client:

By:

Date:

Service Provider / Broker:

By:

Date:

What the Real Estate Service Agreement Covers

A Real Estate Service Agreement is a written contract that sets the scope, duration, fees, and responsibilities between a real estate service provider and a client for services such as listing, property management, inspections, staging, or brokerage activities. It organizes key terms — service description, compensation, termination rights, and dispute resolution — so both parties know expectations and timelines. Properly completed, the agreement reduces ambiguity about deliverables, payment schedules, and liabilities and becomes the baseline document used for performance reviews, invoicing, and, if necessary, legal enforcement.

Why a Professional Agreement Matters for Real Estate Work

A clear agreement protects both parties by documenting services, payment terms, and remedies for nonperformance; it also supports compliance with disclosure and licensing requirements.

Who Typically Prepares and Signs This Agreement

Use the appropriate signatory blocks and attachments for your role to ensure enforceability and operational clarity.

Listing agents and brokers who define commission structure, exclusivity, and listing period for sellers.
Property managers and owners for ongoing management terms including fees, maintenance responsibilities, and tenant placement.
Vendors and contractors performing inspection, staging, or repair services that require documented scope and payment terms.

Typical Signatory Roles and Their Responsibilities

Listing Agent — Broker

The licensed broker or agent who lists or markets the property. Responsible for client disclosures, fiduciary duties, and delivering services described in the agreement; must sign using the broker's legal business name when required by state licensing rules.

Property Manager — Company

An entity retained to manage day-to-day property operations, rent collection, and vendor coordination. The manager signs on behalf of the company and should include authorized representative name, title, and contact information for notices.

Essential Fields and Data Elements to Include

Parties: Full legal names

Property: Street address and legal description

Services: Scope summary

Compensation: Fees and payment terms

Term: Start and end dates

Notices: Designated contact info

Step-by-Step: How to Complete the Agreement

Follow these steps to prepare, review, and execute a legally consistent Real Estate Service Agreement.

01

Gather information: Collect IDs, property details, and licensing numbers before drafting.
02

Describe services: Write precise tasks, deliverables, and exclusions to avoid ambiguity.
03

Set payment terms: Include amounts, due dates, and late fees or retainers where applicable.
04

Sign and retain: Have authorized signers sign, notarize if required, and save copies for records.

How to Configure an Online Signing Workflow

When using an eSignature platform, configure fields and authentication to match the agreement's legal needs.

Field	Configuration
Signature Field	Place visible signature and date fields for each signer
Initials Field	Use for page-by-page acknowledgment where needed
Conditional Clauses	Show or hide sections based on role or answers
Authentication	Enable email or SMS code; use stronger ID proofing when required

Where to Send and How to Submit the Signed Agreement

Decide routing and final delivery so all parties receive executed copies and audit records.

Primary Recipient: Send final executed copy to the property owner or authorized representative
Broker Record: Store a signed copy in the broker or management company file
Third Parties: Provide copies to lenders, title companies, or vendors as contractually required
Audit Trail: Ensure platform records timestamps, IP addresses, and signer actions

Digital Signing and Technical Requirements

Match authentication strength, retention controls, and integrations to regulatory or client requirements before execution.

File Formats: Accept PDF and DOCX for editable and finalized copies
Integrations: Connect to CRM, storage, or accounting tools for workflow continuity
Security: Use TLS and AES encryption for transit and rest

Common Timeframes and Deadline Expectations

Agreements often include milestones and fixed deadlines; make these explicit to prevent disputes.

Effective Date:

Date when obligations begin; use MM/DD/YYYY

Service Start:

Typically within 3–14 days after execution

Performance Milestone:

Specify dates or calendar days for key deliverables

Termination Notice:

Commonly 30, 60, or 90 days depending on contract

Final Accounting:

Deliver within 30–60 days after contract end

Common Preparation Errors to Avoid

Vague service descriptions that omit exclusions or specific deliverables, causing later disputes over scope and billing.
Missing or mismatched legal names for parties and businesses, which can render the agreement difficult to enforce or trigger tax reporting issues.
Unclear payment terms without due dates or late-fee provisions, leading to delayed collections and disagreements.
Failing to confirm authorized signers or required notarization/witnessing, which can invalidate signatures in some jurisdictions.

Consequences of Inaccurate or Incomplete Agreements

Enforceability Risk: Invalid signature

Financial Loss: Missed payments

Regulatory Exposure: License complaints

Tax Issues: Incorrect reporting

Operational Delay: Project hold-ups

Dispute Costs: Legal fees

Real-World Examples of the Agreement in Use

These condensed examples show how organizations rely on clear agreements to streamline property services and compliance.

Martin Properties

The property manager needed a fully digital workflow for seasonal rental agreements to keep operations remote and compliant.

Tim Martin reports streamlined execution across mobile devices.
Martin Properties processed and executed documents online with compliant records and sped up turnarounds while maintaining required audit trails and mobile accessibility.

Optica Ventures

A small brokerage standardized service agreements for investor-managed properties to reduce negotiation cycles.

Brian Fitzgibbons highlighted ease of use for teams and clients.
Optica Ventures used clear templates to reduce back-and-forth, improving consistency and reducing time to signature across transactions.

Frequently Asked Questions About Execution and Compliance

Answers to common questions about electronic execution, notarization, signatory authority, amendment, and retention for Real Estate Service Agreements.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws. For interstate transactions, ESIGN provides equivalence to handwritten signatures when intent, consent, attribution, and record retention are present.
When is notarization required?
Notarization is required for documents recorded in land records and for certain deeds in all states; witness requirements vary by state. Confirm with the county recorder or state notary office before relying on an unsigned acknowledgment.
What if a party signs with the wrong name?
Mismatched legal names can raise enforceability and tax-reporting issues. Correct by amendment signed by all parties or attach evidence of authorized signatory capacity to clarify identity.
How do I amend the agreement?
Amendments should be in writing, reference the original agreement, specify changes, and be signed by the same authorized parties. Include an effective date for the amendment and retain with the original file.
How long must I keep the signed agreement?
Retain for the contract term plus at least three years; IRS rules require relevant records for three years (IRC §6501(a)); healthcare-related materials must meet HIPAA six-year retention (45 CFR §164.530(j)).
Who is authorized to sign on behalf of a business?
An authorized officer, manager, or agent with express authority should sign. For companies, include printed name and title; verify authority via corporate resolution or power of attorney when necessary.

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