How To Write An Enforceable Real Estate Team Agreement (With Examples)
Real estate teams need real estate team agreements to outline each member’s responsibilities and compensation.
But like any legal agreement, you need to phrase it correctly for it to be enforceable.
So, let’s dig deeper into what makes an agreement enforceable between real estate agents.
What is a real estate team agreement template for
A real estate team agreement template outlines the terms and conditions of a business arrangement between two or more parties. Include details like who owns which parts of the business, how profits are shared, everyone’s obligations, and dispute resolution.
If you’re forming a team, you need an agreement. Consequences of not having an agreement in place include split profits, a lack of communication between team members, and, ultimately, costly disputes.
Consider an agreement template like the foundation or structure of your team’s operations.
How should you make a real estate team agreement template?
What makes a contract enforceable? It’s more than just creating a team name, identifying a team leader, and getting each agent to agree.
You must write a contract unambiguously. And it should also include all the essential elements of a valid contract. So, offer, acceptance, obligations, compensation, consideration, intention to create legal relations and the capacity of each agent.
Your company or broker may already have other resources or templates available. Alternatively, you can look for a free template online.
Example real estate agreement template
Below are some sample provisions you may include in your real estate team agreement.
- Overview. Start your agreement with an executive summary that outlines the purpose of the contract and any other important details, such as the team leader.
- Parties. In this section, you’ll list the names, addresses, and other pertinent information regarding each party, such as their brokerage. Also, list a buyer, seller, or property if applicable.
- Responsibilities. This section should outline the responsibilities of each team member. It should also include what happens if one of the members isn’t fulfilling their duties.
- Compensation, It’s about money. Clearly state how profits will be shared between realtors and set any additional compensation arrangements.
- Dispute Resolution. Outline how disputes will be resolved, including what type of arbitration will be used and who pays for it.
- Termination. Have rules regarding whether any party can terminate the agreement and under what conditions.
- Signatures. Make sure all parties sign the agreement to make it legally binding.
So, by including these provisions in your team agreement template, you can ensure a legally sound and mutually beneficial partnership. But before you create the form, you need to work with the other members to determine the above.
Sample real estate team agreement templates
Here are a few sample templates that you can use as a starting point:
- FitSmallBusiness’s Team Agreement.
- Template.net‘s Real Estate Team Agreement.
- PandaDoc’s Free Real Estate Agent Team Agreement.
What makes a real estate team agreement template unenforceable?
A contract between two parties cannot be enforced if the terms are unclear and do not protect both sides equally. Examples of unenforceability in a contract include:
- Unconscionable terms (that are overly biased or unfair).
- An ambiguous language that can be interpreted in more than one way.
- Arbitrary clauses that have no relevance to the agreement.
- Illegal provisions or terms that violate local and state laws.
By avoiding these common pitfalls, you’ll be able to create an enforceable real estate team agreement template.
But remember, your contract should always be tailored to the specific needs of your business and the parties involved. And if you’re unsure about any of the legalities involved in creating a real estate team agreement, it’s best to consult a lawyer.
Helpful services for creating a real estate team
Of course, you don’t need an on-staff lawyer to create a team. A few services can help you create a real estate team agreement template. They include LawDepot, RocketLawyer, and LegalZoom.
These companies will provide you with templates. But it would help if you still got them reviewed by someone who knows the law.
Still, realistically, each person involved should have their lawyer involved to review.
Conclusion
You’re forming a team. And that’s exciting!
But don’t forget to dot your i’s and cross your t’s.
You need to create a real estate team the right way. A team agreement template can help.
FAQs
A team contract should include the names and addresses of all parties involved, an executive summary outlining the purpose of the agreement, and a description of each party’s responsibilities and roles.
Organizing your real estate team is a multi-step process. First, you’ll need to decide who’s responsible for what tasks and roles, decide how profits will be shared, and set other compensation arrangements. Draft an agreement that all parties sign to make it legally binding. Finally, consult a lawyer=. Your broker or agency may be able to help.
A real estate team typically includes multiple agents working on the same transaction or transactions from start to finish, often within another brokerage or agency.
Would You Like To Partner With Me?
I’ve helped hundreds of real estate agents, team leaders, & brokers all over the country increase their sales, online presence, and create scalable systems. I would love the opportunity to work with you. Together, we can make this year your best yet!
