Can this be signed electronically?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; ensure exceptions such as certain wills or court filings do not apply.

What if a signer lacks an email?

Use platform guest signing links or in-person signing with a tablet. For higher-assurance needs, arrange identity verification via SMS code or knowledge-based authentication.

Is notarization required?

Notarization depends on state and document type; deeds typically require notary acknowledgement. Where notarization is required, use in-person or approved RON procedures.

How do I prove who signed?

Retain the platform's certificate of completion and audit trail showing signer email, IP address, timestamps, and authentication method to support attribution.

Can I revoke consent to electronic records?

Yes. Under ESIGN, consumer-facing records require a disclosure about the right to withdraw consent and procedures to do so; follow that process to receive paper copies.

Which plan supports bulk sending and advanced fields?

Higher tiers commonly include bulk send and conditional or formula fields; verify plan feature lists such as Business Premium and Enterprise for these capabilities.

Electronic Signature
Templates
Real estate
Real Estate Terms of Engagement

Real Estate Terms of Engagement

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

REAL ESTATE TERMS OF ENGAGEMENT

Parties

Client Name:

Client Contact Information

Broker/Firm Name:

Broker Contact Information

Property Identification

Property Address Parcel / APN Number Legal Description

Engagement and Scope of Services

The Client retains the Broker to provide real estate brokerage services for the Property described above. Services include market analysis, listing and marketing, negotiation of offers, coordination of inspections, assistance with financing contingency coordination, and facilitation of closing. Broker will act as:

Agency Selection (check applicable) Exclusive right to sell Exclusive agency Open listing

Term and Termination

This engagement commences on and terminates on unless earlier terminated in accordance with this Agreement. Either party may terminate for material breach after providing written notice and a reasonable cure period of days.

Compensation and Expenses

Commission: Client agrees to pay Broker a commission of of the gross sale price, payable at closing. Alternatively, the parties may agree to a flat fee of .

Marketing and advertising expenses shall be . Broker may incur reasonable out‑of‑pocket expenses for which Client agrees to reimburse Broker upon presentation of receipts.

If the Property is sold, exchanged, or transferred by Client or any person introduced to the Property by Broker during the term of this Agreement or within days after termination, Client shall pay the commission as set forth above.

Earnest Money and Escrow Instructions

Broker will not hold trust funds, unless specifically agreed in writing. All earnest money deposits shall be deposited with the designated escrow agent or title company promptly upon acceptance of an offer and shall be handled in accordance with the purchase contract and escrow instructions.

Client Representations and Warranties

Client represents and warrants that Client is the lawful owner of the Property, has full authority to enter into this Agreement, and will disclose all known material facts, defects, encumbrances, and assessments affecting the Property.

Disclosures

The Client certifies the truthfulness of the following known conditions (check Yes or No for each):

Lead-Based Paint: Yes No Mold or Moisture Intrusion: Yes No Prior Structural Damage or Repairs: Yes No

Duties, Confidentiality and Records

Broker shall perform fiduciary duties consistent with applicable law, including reasonable skill and care in marketing, negotiating, and communicating offers. Broker shall maintain confidentiality of Client's confidential information, except as required by law or to carry out the services described in this Agreement.

Broker will retain copies of transaction records and documents for a reasonable period in accordance with industry practice and applicable law.

Dual Agency and Conflicts

If Broker is requested or required to act for more than one party to a transaction, Broker will promptly disclose the potential conflict and obtain Client's written consent to dual or designated agency as permitted by law. Client acknowledges that dual agency may limit Broker's ability to advocate exclusively for Client's interests.

Default, Remedies and Indemnification

If Client defaults in contractual obligations, Broker's remedies shall include retention of marketing expenses and recovery of commission where earned under this Agreement. Client agrees to indemnify and hold Broker harmless from claims arising from Client's false representations or failure to disclose material facts, except for Broker's gross negligence or willful misconduct.

Dispute Resolution

The parties agree to attempt resolution of disputes arising from this Agreement first by mediation, and if unresolved, by binding arbitration administered in accordance with the parties' selection of an established arbitration forum. Judgment upon any arbitration award may be entered in a court of competent jurisdiction.

Compliance; Governing Law; Entire Agreement

The parties shall comply with all applicable federal, state, and local laws, including fair housing and anti-discrimination laws. This Agreement shall be governed by the substantive laws of the State selected by the parties. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. No modification shall be effective unless in writing and signed by both parties.

Miscellaneous Provisions

Severability: If any provision is held invalid, the remainder shall remain in effect. Notices required under this Agreement shall be in writing and delivered to the addresses provided above unless the party notifies the other in writing of a new address.

Acknowledgment and Certification

By signing below, Client certifies that Client has read and understands this Terms of Engagement, has the authority to enter into this Agreement for the Property, and authorizes Broker to perform the services described herein.

Client Printed Name:

By:

Date:

Broker/Firm Printed Name:

By:

Date:

What the Real Estate Terms of Engagement Covers

The Real Estate Terms of Engagement is a written agreement that defines the working relationship between a real estate professional and a client, describing services, responsibilities, fees, and how disputes will be handled. It clarifies scope (listing, buyer representation, consulting), sets the appointment and termination mechanics, and records consent to communication and data handling. For most U.S. transactions the document also identifies the governing state law and may include disclosures required by regulatory bodies, licensing boards, or mortgage and closing service providers.

Why a Clear Terms of Engagement Matters

A well-drafted Terms of Engagement reduces ambiguity about services, fees, and authority, improving enforceability and professional compliance. Clear terms help demonstrate informed consent and support dispute resolution while aligning with ESIGN and UETA principles when executed electronically.

Who Typically Completes This Agreement

This form is completed by parties directly involved in a real estate transaction and their designated representatives.

Real estate agents and brokers representing buyers or sellers, to set commission, duties, and exclusivity terms.
Property managers and landlords, to document management scope, fees, and tenant placement services.
Independent consultants or transaction coordinators hired for discrete services like due diligence or closing coordination.

Use the form whenever a professional relationship is established in writing, whether before marketing, offer submission, or property management.

Stepwise Completion Process

Complete the Terms of Engagement in a deliberate sequence to avoid omissions and ensure all parties review critical clauses.

01

1. Gather Details: Collect names, property ID, and contact information before drafting.
02

2. Define Scope: Describe services and limits clearly in plain language.
03

3. Confirm Fees: Enter commission, payment triggers, and any termination fees.
04

4. Sign and Date: All parties sign, date, and retain a copy with audit trail.

How to Configure an Online Signing Workflow

Configure the signing workflow so each recipient receives appropriate fields and the audit trail captures identity and timestamps.

Field	Configuration
Signer Order	Sequential or parallel routing based on negotiation needs
Authentication	Email link plus optional SMS code or ID check for higher assurance
Required Fields	Signature, printed name, date, and initials where relevant
Retention	Enable audit trail and PDF certificate on completion

Digital Signing and Platform Considerations

Choose a platform that supports secure eSignatures, audit trails, and the authentication level required by your transaction.

File formats: PDF and DOCX supported
Integrations: CRM and storage integrations useful
Compliance: BAA available for HIPAA needs

Ensure the platform complies with ESIGN and UETA, provides tamper-evident signed PDFs, and can produce the certificate of completion required for recordkeeping.

Typical Online Execution Flow

This is the common sequence for electronically executing Terms of Engagement in a transaction management workflow.

Upload Document: Sender uploads final agreement to the signing platform.
Place Fields: Add signature, initial, date, and text fields where required.
Invite Signers: Enter signer emails or create secure signing links.
Complete and Archive: Signed PDF and audit trail are stored and distributed to parties.

Core Elements to Include in the Terms

Ensure these six elements are present to make the Terms comprehensive, enforceable, and operationally useful.

Scope of Services

A clear, itemized list of actionable tasks and any performance milestones so both parties understand deliverables and limitations.

Fee Structure

Exact commission or fee percentages, timing of payments, permissible deductions, and treatment of refunds or adjustments.

Authority and Exclusivity

Who may act on behalf of the client, whether the engagement is exclusive, and any limits on outside representation.

Term and Termination

Effective date, renewal provisions, termination notice requirements, and consequences of early termination.

Conflicts and Disclosure

Required seller or agent disclosures, conflict-of-interest statements, and duties to disclose material facts.

Governing Law and Dispute Resolution

Choice of state law, venue, and whether arbitration or mediation is required prior to litigation.

Security and Compliance Checklist

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit Trail: Tamper-evident document history

BAA Availability: Required for protected health information

Authentication: Email, SMS code, or advanced options

Standards: ESIGN and UETA compliance

Certifications: SOC 2 Type II and ISO 27001

Key Risks and Potential Consequences

Unenforceable Terms: Ambiguous duties risk non-enforcement

Incorrect Fees: Mandatory refunds or litigation risk

Invalid Signatures: Missing consent can void execution

Data Breach: Regulatory fines and reputational harm

I-9/Vendor Errors: Potential fines for paperwork failures

1099 Withholding: Backup withholding at 24% if TIN missing

Common Preparation Mistakes to Avoid

Failing to match legal names and tax identification details, which can trigger payment delays and incorrect 1099 reporting.
Leaving the scope of services vague, creating disagreements about deliverables and extra fees after execution.
Omitting effective date or relying on oral start dates, complicating performance windows and termination notice calculations.
Not confirming signatory authority for entities, resulting in unenforceable contracts or later ratification disputes.

Timing Considerations and Typical Deadlines

Track these common timeframes to ensure obligations are met, reporting is timely, and compliance risks are reduced.

Effective Date Entry:

Enter date when contract responsibilities start; affects notice and performance windows.

Termination Notice:

Observe any written notice period specified for ending the engagement.

1099 Reporting:

Gather payee information early to meet Jan 31 recipient reporting deadlines.

Record Retention Start:

Retention counts from creation or last effective date; follow federal timelines.

Notarization Scheduling:

Allow extra time for in-person or RON notarization when required.

eSignature Pricing and Feature Comparison for Executing Terms

Quick comparison of entry-level pricing and common capabilities for popular eSignature providers; 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 by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Available on select plans	Available	Available	Available	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions and Troubleshooting

Answers to common issues encountered when preparing and executing Real Estate Terms of Engagement electronically.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states; ensure exceptions such as certain wills or court filings do not apply.
What if a signer lacks an email?
Use platform guest signing links or in-person signing with a tablet. For higher-assurance needs, arrange identity verification via SMS code or knowledge-based authentication.
Is notarization required?
Notarization depends on state and document type; deeds typically require notary acknowledgement. Where notarization is required, use in-person or approved RON procedures.
How do I prove who signed?
Retain the platform's certificate of completion and audit trail showing signer email, IP address, timestamps, and authentication method to support attribution.
Can I revoke consent to electronic records?
Yes. Under ESIGN, consumer-facing records require a disclosure about the right to withdraw consent and procedures to do so; follow that process to receive paper copies.
Which plan supports bulk sending and advanced fields?
Higher tiers commonly include bulk send and conditional or formula fields; verify plan feature lists such as Business Premium and Enterprise for these capabilities.

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