Are eSignatures legally binding?

Yes. Electronic signatures are legally binding in most U.S. transactions under the ESIGN Act (15 U.S.C. ch. 96) and UETA in adopted states, provided intent, consent, attribution, and reliable record retention are satisfied.

When is notarization required?

Notarization is rarely required for a services agreement itself but is common for deeds and certain powers of attorney; recordable instruments and deeds typically require a notary acknowledgement.

Can I use remote notarization?

Possibly. Remote Online Notarization rules vary by state; verify the state's notary commission and follow identity-proofing, A/V recording, and retention requirements when permitted.

How do I correct a signed agreement?

Minor errors typically require an amendment or mutual correction signed by all parties. Avoid unilateral edits to executed documents; preserve prior copies and attach amendment exhibits.

Who should retain the original?

Each party should retain a fully executed original with an audit trail; the provider or broker often keeps the primary compliance copy and a secure archived PDF.

What if a signature is disputed?

Rely on the audit trail (timestamps, IP, authentication) and corroborating evidence; stronger signer authentication reduces repudiation risk and improves enforceability in disputes.

Electronic Signature
Templates
Real estate
Real Estate Services Agreement

Real Estate Services Agreement

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

REAL ESTATE SERVICES AGREEMENT

This Real Estate Services Agreement (the "Agreement") is made effective as of by and between:

PARTIES

Principal (Client) - Full legal name Principal (Client) - Mailing address

Principal Phone

Principal Email

Broker / Agency - Full legal name

Broker License No.

Broker Phone

Broker Address

PROPERTY

Property Address Parcel / APN Number Legal Description

ENGAGEMENT & TERM

Principal hereby engages Broker to provide real estate brokerage services for the Property. The engagement is: Engagement type: Exclusive Right to Sell Exclusive Agency Non-Exclusive

Term of engagement begins on and ends on unless earlier terminated in accordance with this Agreement.

BROKER DUTIES & AUTHORITY

Broker shall use reasonable professional efforts to market the Property, solicit buyers or lessees, coordinate showings, prepare and present offers, assist with negotiation, and cooperate with escrow and title companies to closing. Broker is authorized to: place signage, list the Property in cooperative listing services, engage third-party marketing, and accept earnest money deposit on Principal's behalf when expressly instructed in writing.

Marketing services requested (check all that apply): MLS listing For-Sale sign Online advertising Open houses

COMPENSATION & EXPENSES

Principal agrees to pay Broker the following compensation for services performed in connection with the sale or lease of the Property:

Commission (percentage of gross sale price) Or Flat Fee (if applicable)

Commission shall be earned and payable upon closing of a sale or lease, or upon Broker's procurement of a ready, willing and able buyer or tenant as defined in this Agreement. Commission split with cooperating brokers, if any, shall be:

Earnest Money Deposit Amount

Principal shall be responsible for expenses authorized in writing. Maximum marketing or out-of-pocket expense cap without prior approval:

Responsibility for third-party costs: Principal pays authorized expenses Broker may advance expenses (reimbursed at closing)

DISCLOSURES

Principal represents and warrants the truth and completeness of known material facts about the Property. The following disclosures are provided by Principal:

Lead-based paint disclosure applicable (for properties built prior to 1978): Yes No

Known mold, flooding, or material structural damage: Yes No

Prior insurance claims or material repairs known to Principal: Yes No

RISK ALLOCATION, INDEMNITY & INSURANCE

Principal agrees to indemnify, defend, and hold harmless Broker and its agents from claims, liabilities, costs and expenses arising from Principal's breach of representation, inaccurate disclosures, or acts or omissions of Principal. Broker's liability for negligence or breach shall be limited to direct damages and shall not include consequential or punitive damages except as required by law.

Broker Professional Liability / E&O Insurance Minimum Coverage

AGENCY, DUAL AGENCY & CONFIDENTIALITY

Broker will act as listing broker for Principal and will disclose agency status to all parties as required by law. Principal acknowledges that Broker may represent multiple clients and that dual agency or designated agency may occur with Principal's informed consent.

Principal's consent to dual agency: Yes No

All non-public information obtained in the course of performance shall be treated as confidential by Broker except as required for marketing, cooperating with other licensees, or as required by law.

DEFAULT, REMEDIES & TERMINATION

Either party may terminate this Agreement as provided herein. If Principal terminates in breach prior to expiration of the term or after Broker procures a ready, willing and able buyer, Principal shall be liable for earned commission and reasonable marketing expenses. Remedies available to the parties include specific performance, injunctive relief, and recovery of costs and fees to the extent permitted by law.

Early Termination Fee (if any)

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to conflict of law principles. This Agreement contains the entire agreement between the parties and supersedes all prior negotiations and agreements. Any amendment must be in writing and signed by both parties.

NOTICES

Principal Notice Address Broker Notice Address

ADDITIONAL TERMS

By signing below the parties certify that they have authority to enter into this Agreement, have read and understand its terms, and agree to be bound by all provisions herein.

Principal (Print Name):

By:

Date:

Broker / Agency (Print Name):

By:

Date:

What a Real Estate Services Agreement Covers

A Real Estate Services Agreement is a written contract that defines the relationship between a property services provider (broker, agent, property manager, or vendor) and a client (owner, landlord, or investor). It specifies the scope of services, performance standards, term and termination rights, compensation or commission structure, confidentiality and disclosure obligations, allocation of costs, and notice procedures. The agreement establishes each party's responsibilities and reduces ambiguity about deliverables, payment timing, and dispute resolution while creating an enforceable record of the commercial arrangement.

Why a Clear Services Agreement Matters

A concise, well-drafted Real Estate Services Agreement reduces disputes, clarifies payment and scope, helps meet regulatory and licensing obligations, and supports enforceability in court or arbitration when needed.

Who Typically Completes This Agreement

The Real Estate Services Agreement is used by multiple parties in property transactions and operations; complete it with the people who will perform and accept the services.

Brokers and agents — listing, buyer representation, commission arrangements and MLS disclosures handled by licensed brokers.
Property managers — ongoing management duties, maintenance schedules, and vendor coordination for owners.
Owners and investors — define delegated authorities, fee payments, reporting cadence, and termination rights.

Core Sections to Include in a Professional Agreement

Include clear, stand-alone sections so each obligation, payment term, and regulatory disclosure is easy to find and enforce.

Parties

Identify each party by full legal name, business entity type, state of formation and primary business address to avoid ambiguity.

Scope of Services

Describe specific services, deliverables, performance standards, territory, and any excluded tasks or referral responsibilities.

Term & Termination

State the effective date, term length, renewal mechanics, notice periods, and termination for cause or convenience.

Compensation

Specify fees, commission rates, invoicing schedule, expense reimbursement, contingencies, and when payments are earned.

Compliance

Include licensing, disclosure, consumer-protection, and recordkeeping obligations; reference applicable state real estate rules where relevant.

Signatures & Notices

Provide signature blocks with printed names, titles, dates, and methods for delivering formal notices (email, courier, or registered mail).

Step-by-Step: Complete the Agreement in Order

Follow this sequence to assemble, verify, and finalize the Real Estate Services Agreement with minimal rework.

01

Gather documents: Collect IDs, entity formation records, and prior agreements.
02

Populate header: Enter full legal names, addresses, and effective date.
03

Define scope: Draft explicit deliverables, exclusions, and performance metrics.
04

Sign and distribute: Obtain signatures, send final copies to all parties, and retain originals.

How to Configure an Online Signing Workflow

Set up your digital workflow so signers authenticate correctly, fields route in order, and completed copies are stored securely.

Field	Configuration
Authentication	Email link or SMS code; use stronger methods for high-risk deals.
Template	Save a reusable template with required fields and conditional blocks.
Notifications	Enable signer reminders and completion alerts for all stakeholders.
Storage	Archive signed PDFs with audit trail in a secure repository.

Where to Send and How to Route the Final Agreement

Real Estate Services Agreements typically circulate among the provider, client, broker records, and any escrow or legal reviewers before final retention.

To the client: Send the executed copy to the client and retaining broker for their records.
Broker records: Store a signed copy in the broker's compliance folder or CRM.
Escrow or title: Provide to escrow or title when required by the transaction.
Legal and accounting: Share with counsel or accountant for tax and compliance review.

Technical and Integration Considerations for eSigning

Use an eSignature platform that supports secure document formats, reliable authentication, and integrations with your core systems.

Formats: PDF, DOCX, and common office formats
Integrations: Salesforce, NetSuite, MS 365, Google Workspace
Authentication: Email, SMS, KBA, or SSO options

Common Timeframes and Notice Periods to Watch

Track these timing items to avoid missed payments or termination disputes.

Effective Date:

Date when obligations begin; controls deadlines.

Termination Notice:

Typical 30-day notice; follow the contract's specified method.

Payment Due:

State specific invoicing dates and payment windows clearly.

Commission Earned:

Define the event that triggers the commission payment.

Record Retention:

Keep executed copies per regulatory retention rules.

Common Preparation Mistakes to Avoid

Using informal names instead of full legal entity names, which creates identity and enforcement problems.
Leaving scope vague or open-ended, producing disputes over what services are included or excluded.
Omitting clear payment triggers and dates, leading to delayed or contested commission payments.
Failing to confirm signatory authority or attach corporate resolutions for entity signers, risking unenforceability.

Risks and Consequences of an Incorrect Agreement

Breach Liability: Damages and legal fees

Commission Disputes: Delayed payments and arbitration

Regulatory Fines: Licensing penalties for noncompliance

Tax Exposure: Incorrect 1099 reporting

Notarization Defect: Challenges to authenticity

Identity Risk: Signed by unauthorized representative

Vendor Pricing Snapshot for eSignature Solutions

Compare starting prices and key plan differences across common eSignature vendors; signNow appears first per vendor ordering rules.

	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 (Premium)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently Asked Questions — Practical Answers

Answers to common questions about enforceability, signatures, notarization, corrections, and recordkeeping for Real Estate Services Agreements.

Need help? Contact support

Are eSignatures legally binding?
Yes. Electronic signatures are legally binding in most U.S. transactions under the ESIGN Act (15 U.S.C. ch. 96) and UETA in adopted states, provided intent, consent, attribution, and reliable record retention are satisfied.
When is notarization required?
Notarization is rarely required for a services agreement itself but is common for deeds and certain powers of attorney; recordable instruments and deeds typically require a notary acknowledgement.
Can I use remote notarization?
Possibly. Remote Online Notarization rules vary by state; verify the state's notary commission and follow identity-proofing, A/V recording, and retention requirements when permitted.
How do I correct a signed agreement?
Minor errors typically require an amendment or mutual correction signed by all parties. Avoid unilateral edits to executed documents; preserve prior copies and attach amendment exhibits.
Who should retain the original?
Each party should retain a fully executed original with an audit trail; the provider or broker often keeps the primary compliance copy and a secure archived PDF.
What if a signature is disputed?
Rely on the audit trail (timestamps, IP, authentication) and corroborating evidence; stronger signer authentication reduces repudiation risk and improves enforceability in disputes.

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