Can this agreement be signed electronically?

Yes. Electronic signatures on commercial real estate agreements are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, subject to statutory exceptions like wills or certain court filings.

When is notarization required?

Notarization is required for deeds and many conveyance instruments in all 50 states; check local recording office rules for specific acknowledgement language and certificate requirements before execution.

Do any states require witnesses for deeds or POAs?

Yes. Some states require witnesses; for example, Florida requires two witnesses for certain deeds and durable powers of attorney. Confirm witness counts with the county recorder or state law.

How long must I keep the signed agreement?

Retain signed transaction records per applicable standards: IRS records generally 3 years (IRC §6501(a)), HIPAA six years (45 CFR §164.530(j)), and longer where state law or contract requires.

Is a cryptographic digital signature necessary?

Not usually. A digital (PKI) signature is a secure subset of electronic signatures and may be required in regulated settings; most real estate transactions are valid with standard e‑signatures plus an audit trail.

What if a party's name or TIN is incorrect?

Incorrect names or TINs can cause recording problems and tax consequences (e.g., backup withholding). Correct errors by executing an amendment or corrected instrument before closing when possible.

Electronic Signature
Templates
Real estate
Real Estate T&CMA Agreement

Real Estate T&CMA Agreement

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

REAL ESTATE TERMS & COMPARATIVE MARKET ANALYSIS (T&CMA) AGREEMENT

Parties and Recitals

This Terms & Comparative Market Analysis Agreement (the Agreement) is entered into between Client Name: (Seller/Owner) and Broker Name: (Broker).

Broker License Number: Broker Contact Phone: Broker Email:

Property Identification

Property Address: Parcel / APN Number: Legal Description:

Scope of Services

Broker will prepare and deliver a Comparative Market Analysis (CMA) for the Property within days of execution of this Agreement. Services shall include market data analysis, recommended listing price range, recommended marketing plan, and one in-person consultation.

Broker shall perform the following marketing services unless otherwise limited by Seller: professional photography (if authorized), online market exposure, yard sign placement (if authorized), scheduling of showings, and negotiation of offers. Seller authorizes Broker to place a key in a lockbox and to permit access for showings subject to Seller instructions below.

Listing and Financial Terms

Suggested Listing Price: Commission to Broker: Marketing Budget / Expenses Payable by Seller:

Unless otherwise agreed in writing, commissions are payable at closing from sale proceeds. Broker's commission shall be computed on the gross sales price. Seller acknowledges that Broker may cooperate with cooperating brokers and may offer a portion of the commission to cooperating brokers.

Term; Listing Period; Protection Period

Listing Term Start Date: Term End Date:

If the Property is sold to any person who first visited or negotiated for the Property during the Listing Term, or within days after termination (Protection Period), Seller shall be obligated to pay the commission set forth above.

Access, Keys and Showings

Seller authorizes Broker and cooperating brokers to show the Property and to place a lockbox: Authorize lockbox Authorize showings

Special showings instructions or restrictions:

Seller Representations and Disclosures

Seller represents and warrants that Seller is the lawful owner of the Property, has full authority to execute this Agreement, and that there are no undisclosed leases or material defects except as disclosed below.

Lead-based paint (if the Property was built prior to 1978): Yes No

Mold or water intrusion history: Yes No

Prior material damage or structural repairs: Yes No

If Yes to any of the above, describe condition(s):

Insurance and Liability

Seller shall maintain property and casualty insurance on the Property until closing. Broker represents that Broker maintains professional liability insurance to the extent required by law. Broker is not responsible for loss or damage to personal property left on the Property during marketing unless caused by Broker's willful misconduct.

Indemnification; Limitation of Liability

Each party agrees to indemnify and hold harmless the other from claims, liabilities, damages, and expenses arising from the indemnifying party's breach, negligence, or willful misconduct. Except for willful misconduct or fraud, Broker's liability under this Agreement shall be limited to direct damages not to exceed the commission actually paid to Broker under this Agreement.

Default and Remedies

If Seller materially breaches this Agreement, Broker may terminate this Agreement and pursue damages, including collection of commission if commission was earned in accordance with the terms above. Remedies provided herein are cumulative and in addition to any remedies available at law or in equity.

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state of . This Agreement contains the entire agreement between the Parties with respect to its subject matter and supersedes all prior agreements and understandings, whether written or oral.

Notices

Seller Notice Address: Broker Notice Address:

Notices under this Agreement shall be in writing and delivered by hand, certified mail, or other agreed written delivery method to the addresses provided above.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment or modification shall be effective unless in writing and signed by both Parties.

Acknowledgment

By signing below, Seller and Broker acknowledge that they have read and understand this Agreement, have had the opportunity to seek independent legal advice, and agree to be bound by its terms.

Seller (Client) Printed Name:

By:

Date:

Broker (Listing Agent/Firm) Printed Name:

By:

Date:

What the Real Estate T&CMA Agreement Is

A Real Estate T&CMA Agreement documents the contractual terms and conditions between parties in a property transaction and includes any Comparative Market Analysis (CMA) or commission/management provisions that the parties agree to. It defines obligations, timelines, payment or commission terms, contingencies, property details, and routing for signatures. The agreement functions as a binding contract once properly executed, dated, and retained in accordance with applicable recordkeeping and e‑signature laws.

Why this Agreement Matters for Transactions

Using a clear Real Estate T&CMA Agreement reduces ambiguity about duties, preserves commission and disclosure terms, and supports enforceability when retained with a reliable audit trail under U.S. e‑signature law (ESIGN/UETA). It also speeds processing and reduces later disputes by documenting contingencies and timelines.

Who typically prepares and signs this agreement

The agreement is usually prepared or requested by listing brokers, selling brokers, transaction coordinators, or attorneys when a property marketing or commission arrangement exists.

Listing brokers and sales agents who set commission splits, marketing responsibilities, and client disclosures during listing or seller representation.
Buyers and sellers who must accept terms, contingencies, and any CMA-based pricing or management clauses before closing.
Title companies, escrow officers, and lenders who require accurate executed documentation for closing and recording purposes.

Multiple industry participants often receive copies; ensure each signer has authority and that the signed record is retained according to legal and industry retention rules.

Core sections to include in a professional T&CMA Agreement

A complete document organizes terms so parties can find obligations, timelines, and signature blocks quickly. Include clear exhibits for property data, commission schedules, and any CMA assumptions.

Parties

Full legal names and roles of all parties, including brokerage entities and licensed agents; include business entity type and state of formation where applicable.

Property Details

Full street address, legal description or parcel number, and any included/excluded fixtures; attach exhibits for multiple parcels or condominium identifiers.

Commission Terms

Exact percentage or flat fee, timing of payment, payee routing instructions, and conditions that trigger payment (closing, lease execution, etc.).

CMA Assumptions

Include the market data, date of analysis, comparable properties, and any assumptions used to produce the Comparative Market Analysis.

Contingencies

Inspection, financing, appraisal, or approval contingencies with clear deadlines and removal procedures to avoid post‑contract disputes.

Execution & Notices

Signature blocks, effective date, governing law clause, and address for service of notices; state whether electronic notices are acceptable.

Essential security and compliance details to record

Encryption: TLS 1.2/1.3; AES-256

Authentication: Email, SMS code, or advanced methods

Audit Trail: Timestamps, IP addresses

HIPAA BAA: If PHI present

ESIGN/UETA: Legal framework compliance

Retention: Tamper-evident storage

Step-by-step: filling and executing the agreement

Follow these steps to create, route, and finalize a compliant Real Estate T&CMA Agreement with minimal friction.

01

Draft: Assemble property, parties, and commission terms.
02

Populate Fields: Complete all required fields and attach exhibits.
03

Authenticate: Choose signer authentication (email, SMS, or KBA).
04

Execute: Collect signatures, dates, and distribute copies.

Configure the online workflow for digital completion

Set field behavior and signer order before sending to avoid missing data and repeated send‑backs.

Field	Configuration
Signer Order	Sequential or parallel routing
Authentication Method	Email link + optional SMS code
Conditional Fields	Show fields only if a checkbox is selected
Notifications	Enable email copy to broker and title

Where to send or file the completed agreement

After execution, route copies to parties who need them and file originals per recording or closing requirements.

Listing Broker: Retain executed copy and forward to seller and selling broker.
Title Company: Provide signed agreement to support title and escrow processing.
Lender: Submit if required for loan underwriting or closing conditions.
County Recorder: Record exhibits or deed instruments as required by local rules.

Digital signing and file format considerations

Choose a signing platform that supports common file types, provides an audit trail, and meets your required authentication level.

File Formats: PDF, DOCX supported
Integrations: CRM and cloud storage options
Authentication: Email, SMS, or KBA

Ensure the chosen solution can export a tamper-evident PDF with an embedded audit trail and meets any contract-specific security requirements.

Common timeframes and deadline checkpoints

Track contractual deadlines and recording windows closely to avoid missed contingencies or payment triggers.

Contingency Removal:

Specify exact calendar date or number of days after effective date.

Inspection Period:

State the inspection window and notice requirements for defects.

Closing Date:

Indicate agreed closing or settlement date and extension terms.

Escrow Deadlines:

List funding and document delivery milestones for escrow.

Recording Window:

Note expected recording timeline to confirm transfer of title.

Frequent mistakes to avoid when preparing the agreement

Mismatched party names between the agreement and government ID or corporate formation documents cause recording or payment delays.
Leaving key fields blank (commission amount, effective date, property legal description) can render clauses unenforceable or require amendments.
Using ambiguous timing language such as 'within a reasonable time' instead of fixed dates leads to disputes and subjective interpretations.
Failing to confirm notarization or witness requirements before execution often results in rejected recordings or delayed closings.

Consequences of errors or incomplete execution

Invalid Signature: May void the agreement

Recording Rejection: Title transfer delayed

Commission Dispute: Leads to arbitration or litigation

Tax Withholding: Backup withholding risk

Escrow Delay: Closing date missed

Regulatory Fine: Potential state penalties

Comparing eSignature vendors for executing the T&CMA Agreement

Vendor feature and price comparisons help select a platform that supports required authentication, integrations, and compliance for real estate 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 trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about signing and using the T&CMA Agreement

Answers to common issues when preparing, signing, notarizing, and retaining Real Estate T&CMA Agreements in the United States.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures on commercial real estate agreements are enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, subject to statutory exceptions like wills or certain court filings.
When is notarization required?
Notarization is required for deeds and many conveyance instruments in all 50 states; check local recording office rules for specific acknowledgement language and certificate requirements before execution.
Do any states require witnesses for deeds or POAs?
Yes. Some states require witnesses; for example, Florida requires two witnesses for certain deeds and durable powers of attorney. Confirm witness counts with the county recorder or state law.
How long must I keep the signed agreement?
Retain signed transaction records per applicable standards: IRS records generally 3 years (IRC §6501(a)), HIPAA six years (45 CFR §164.530(j)), and longer where state law or contract requires.
Is a cryptographic digital signature necessary?
Not usually. A digital (PKI) signature is a secure subset of electronic signatures and may be required in regulated settings; most real estate transactions are valid with standard e‑signatures plus an audit trail.
What if a party's name or TIN is incorrect?
Incorrect names or TINs can cause recording problems and tax consequences (e.g., backup withholding). Correct errors by executing an amendment or corrected instrument before closing when possible.

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