Can the agreement be signed electronically?

Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are generally enforceable when intent, consent, attribution, and record retention requirements are satisfied.

Is notarization required?

Most employment agreements do not require notarization; however, state rules or particular enforceability concerns may prompt notarization. Check state practice or include a notary if required by local law.

What if the agent’s name differs from license?

Mismatch between the name on the contract and the state license can create verification and payment issues; correct the name to match the license before execution.

How long must signed agreements be kept?

Retain signed employment documents at least for the agreement term plus three years; apply IRS and HIPAA retention rules where relevant and consult state-specific requirements.

Who can sign on behalf of the brokerage?

An authorized broker or an officer with delegated authority should sign. Confirm internal authority and document delegation to avoid challenges to enforceability.

How to revoke or amend the agreement?

Amendments should be in writing and signed by both parties. Revocation or termination follows the contract’s termination clause; maintain dated signed records to evidence changes.

Electronic Signature
Templates
HR
Realtor Employment Document

Realtor Employment Document

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

REALTOR EMPLOYMENT AGREEMENT

This Realtor Employment Agreement (the Agreement) is entered into between Brokerage Name: and Agent Name: . Effective Date: .

Personal Information

Full Legal Name Home Address Phone Email

Position Information

Position / Title Department / Office Reporting Manager / Broker

Anticipated Start Date:

Compensation — Base Salary (if applicable) Commission Structure

Commission Split (Agent : Brokerage): ; Transaction Fee: .

Classification (select one): Independent Contractor Employee

Duties, License and Compliance

The Agent shall perform real estate brokerage duties consistent with state licensing laws and brokerage policies, maintain an active real estate license, and comply with all federal, state and local laws applicable to real estate transactions. License Number: ; License State: .

Agent is required to carry Errors & Omissions insurance as specified by the brokerage and to attend required training. Failure to maintain required credentials or insurance is grounds for immediate suspension or termination of this Agreement.

Employment History

Previous Employer 1 — Company Title

Dates Employed: From to .

Primary Responsibilities Reason for Leaving

Previous Employer 2 — Company Title

Dates Employed: From to .

Primary Responsibilities Reason for Leaving

Education & Professional Credentials

Highest Degree or Certification Institution Graduation / Completion Date

Professional References

Reference 1 — Name Phone Email Relationship

Reference 2 — Name Phone Email Relationship

Reference 3 — Name Phone Email Relationship

Legal Disclosures and Policies

At-Will Employment: Unless the parties expressly enter into a written contract stating otherwise, either party may terminate the employment relationship at any time for any lawful reason, with or without cause or advance notice.

Equal Opportunity: Brokerage is committed to equal employment opportunity and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected status under applicable law.

Confidentiality and Non-Disclosure: Agent shall not disclose confidential client lists, pricing strategies, trade secrets, or other proprietary brokerage information acquired during the course of services. This obligation survives termination of this Agreement for a period of two (2) years.

Non-Solicitation: During the term of employment and for twelve (12) months following termination, Agent shall not solicit or attempt to solicit brokerage clients or employees for competing brokerage services within the brokerage's primary market area.

Termination and Cure: Brokerage may suspend or terminate Agent for material breach of brokerage policy, license revocation, or misconduct. Where a breach is curable, Brokerage will provide written notice and a reasonable opportunity to cure.

Background Check and Authorization

By signing below, Agent expressly authorizes Brokerage and its designees to contact prior employers, verify education and professional credentials, obtain criminal history, and perform background checks necessary to evaluate eligibility for employment and licensing. Agent also certifies that the information provided in this document is true, complete, and accurate to the best of Agent's knowledge.

I authorize previous employers and references to disclose performance history and any disciplinary actions to the Brokerage and its authorized representatives.

Applicant Certification (initial)

Additional Terms

Expense Reimbursement: Brokerage will reimburse pre-authorized business expenses in accordance with brokerage policy upon submission of receipts. Agent is responsible for personal expenses unless expressly authorized in writing.

Dispute Resolution: Parties agree disputes arising under this Agreement will be resolved by binding arbitration in the county of the brokerage office or as otherwise required by law. Governing law shall be the state of the brokerage's principal place of business.

Severability: If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.

Acknowledgment and Signature

The undersigned parties acknowledge they have read and understand this Agreement, and have authority to execute this Agreement on behalf of their respective parties.

Agent Printed Name:

By:

Date:

Brokerage Printed Name:

By:

Date:

What a Realtor Employment Document Is and When It’s Used

A Realtor Employment Document is a written agreement that defines the working relationship between a real estate brokerage and a licensed agent or independent contractor. It typically covers duties, compensation or commission splits, territory or client assignment rules, expense reimbursement, licensing and insurance requirements, noncompete or non-solicitation provisions, and termination rights. The document serves as the baseline for employment compliance, agency disclosure, and dispute resolution, and is commonly used at hire, when changing brokerages, or when modifying material terms of an agent’s engagement.

Why a Clear, Accurate Realtor Employment Document Matters

A precise employment agreement reduces disputes, clarifies compensation mechanics, and documents regulatory compliance such as licensing and consumer disclosures. It also protects the brokerage’s business practices and the agent’s expectations when executed and retained correctly.

Who Prepares and Who Signs This Document

Typical parties include the brokerage employer, the licensed real estate agent or broker, and occasionally an office manager or compliance officer who assists with onboarding.

Brokerage administrators responsible for agent onboarding and compliance, setting commission plans and territory rules.
Licensed real estate agents or brokers signing to accept terms, commission structure, and confidentiality obligations.
Independent contractors or referral partners when an agency relationship is defined outside of payroll.

Each signatory should review licensing, compensation, and termination clauses; legal counsel is recommended for unusual provisions or state-specific mandates.

Key Roles Authorized to Execute the Document

Broker / Owner

The broker or firm owner signs for the brokerage and accepts responsibility for supervising agents under state licensing rules. Their signature binds the brokerage to commission schedules, office policies, and indemnities described in the agreement.

Agent / Salesperson

A licensed agent signs to acknowledge commission splits, duties, territorial limits, and compliance obligations. For independent-contractor arrangements, the agent’s signature also confirms tax classification and any expense reimbursement provisions.

Primary Elements to Include in a Professional Realtor Employment Document

A complete agreement combines operational, legal, and compliance sections so both parties understand compensation, conduct expectations, and termination mechanics.

Parties

Identify the brokerage and the agent by full legal name, license number, business entity type, and primary business address to avoid identity or enforcement issues.

Scope of Work

Define duties precisely: listing/sales responsibilities, marketing expectations, client relationship ownership, and any service-level requirements for open houses or prospecting.

Compensation

Specify commission splits, draw arrangements, timing of payments, chargebacks, desk fees, referral fees, and how transaction costs are allocated.

Term and Termination

State the agreement start date, renewal or fixed term, cause and convenience termination rights, notice periods, and post-termination obligations such as client notice.

Compliance and Licensing

Include obligation to maintain active license and errors-and-omissions insurance, reporting duties, and cooperation with audits or regulatory inquiries.

Confidentiality

Cover trade secrets, client lists, data access, non-solicitation limits, and the duration of confidentiality obligations after separation.

Step-by-Step: Completing and Executing the Agreement

Follow these practical steps to prepare, review, and finalize the Realtor Employment Document for legal and operational use.

01

Prepare Draft: Populate names, license numbers, dates, and compensation.
02

Internal Review: Have compliance or broker review terms for state requirements.
03

Signatures: Obtain signatures from both parties and any required witness or notary.
04

Distribute Copies: Provide signed copies to agent, brokerage file, and payroll or accounting teams.

How to Configure an Online Signing Workflow

Configure fields, authentication, and routing before sending to ensure compliance and a smooth signer experience.

Field	Configuration
Signature Placement	Add signature, initial, and date fields for each signer.
Authentication Method	Choose email link, SMS code, or stronger ID verification if required.
Signing Order	Set sequential or parallel signing based on business rules.
Audit Trail	Enable full audit trail capture for IP, timestamp, and actions.

Where to Send or File the Completed Document

Identify recipients and retention locations so the executed agreement is available for payroll, compliance, and audit requests.

Agent: Provide the agent a signed copy for their records.
Brokerage File: Keep a signed original in the broker compliance folder.
Payroll / Accounting: Send commission setup info to payroll or accounting.
Legal Counsel: Share nonstandard clauses with legal for review.

Sharing and Digital Delivery Options

Choose delivery methods that match signer access and regulatory needs, including email, secure link, or in-person signing.

Email Link: Simple and widely accessible.
Secure Signing Portal: Offers stronger authentication.
In-Person / Kiosk: Useful for walk-in signers.

Consider account-free guest signing for convenience but increase authentication for sensitive compensation or licensing changes.

Key Deadlines and Timelines to Monitor

Track signing, payment, and retention-related deadlines to avoid contractual or regulatory exposure.

Effective Date:

Date entered as MM/DD/YYYY when obligations start.

Payment Schedule:

Follow stated timing, e.g., net 30 days after closing.

Termination Notice:

Observe any notice period, commonly 30–90 days.

Commission Audits:

Allow time for internal reconciliation before payout.

Record Retention:

Retain per legal retention guidance in this guide.

Milestones from Offer to Active Agent Record

This sequential milestone view covers the typical onboarding and activation stages for a new agent agreement.

01

Offer Accepted

Agent signs the employment agreement and returns it.

02

License Verification

Broker verifies active license with state records.

03

Payroll Setup

Accounting sets up commission splits and payment routing.

04

Active File

Signed agreement filed and retained in compliance records.

Common Preparation Mistakes to Avoid

Leaving license numbers or business entity names incomplete, which can invalidate compliance checks.
Vague compensation language such as 'standard split' without explicit percentages and timing.
Failing to specify who pays transaction costs, which leads to disputes at closing.
Not retaining a signed copy in the broker file, complicating audits or payroll reconciliation.

Consequences of Errors or Missing Information

Contract Disputes: May lead to arbitration or litigation.

Regulatory Violations: State real estate commissions may impose fines.

Payment Delays: Incorrect payment terms cause withholding.

License Risk: Failure to verify active license risks discipline.

Tax Exposure: Misclassified contractors risk IRS scrutiny.

Recordkeeping: Poor retention complicates future audits.

Pricing and Feature Snapshot for eSignature Options

Compare common vendor pricing and features relevant to executing Realtor Employment Documents. Pricing reflects typical per-user annual billing tiers or advertised starting prices.

	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	Yes, 7-day trial	Yes	Yes	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Security and Compliance Essentials for Electronic Execution

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

Audit Trail: Comprehensive IP, timestamp, and action logs

Certifications: SOC 2 Type II, ISO 27001

HIPAA: BAA available; HIPAA-compliant workflows

ESIGN / UETA: Compliant with ESIGN and UETA standards

Accessibility: WCAG 2.0 Level AA support

Real-World Examples of Use in Brokerage Operations

These examples show how brokerages and agents apply employment documents to streamline onboarding and compliance.

Martin Properties

Broker deployed digital agreements to onboard remote agents quickly

Reduced onboarding time by replacing paper with online signatures
The brokerage documented compliance and sped payments while maintaining audit-ready records for regulatory review.

Optica Ventures

Small firm standardized commission language across hires

Centralized templates reduced negotiation time
The firm improved consistency in commission payouts and simplified internal audits by keeping signed agreements in a searchable repository.

FAQs: Common Questions About Realtor Employment Documents

Answers to frequent questions about execution, e-signatures, notarization, retention, and signature authority for Realtor Employment Documents.

Need help? Contact support

Can the agreement be signed electronically?
Yes. Under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are generally enforceable when intent, consent, attribution, and record retention requirements are satisfied.
Is notarization required?
Most employment agreements do not require notarization; however, state rules or particular enforceability concerns may prompt notarization. Check state practice or include a notary if required by local law.
What if the agent’s name differs from license?
Mismatch between the name on the contract and the state license can create verification and payment issues; correct the name to match the license before execution.
How long must signed agreements be kept?
Retain signed employment documents at least for the agreement term plus three years; apply IRS and HIPAA retention rules where relevant and consult state-specific requirements.
Who can sign on behalf of the brokerage?
An authorized broker or an officer with delegated authority should sign. Confirm internal authority and document delegation to avoid challenges to enforceability.
How to revoke or amend the agreement?
Amendments should be in writing and signed by both parties. Revocation or termination follows the contract’s termination clause; maintain dated signed records to evidence changes.

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