Louisiana Real Estate Sales Representative Agreement with Broker

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US-01798BG
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A real estate broker offers services as agent in matters involving the sale, purchase, rental, and financing of real property. When selling property, brokers and agents arrange for title searches to verify ownership and for meetings between buyers and sellers during which they agree to the details of the transactions and in a final meeting, the new owners take possession of the property. They also may help to arrange favorable financing from a lender for the prospective buyer; often, this makes the difference between success and failure in closing a sale. In some cases, brokers and agents assume primary responsibility for closing sales; in others, lawyers or lenders do.


Agents and brokers spend a significant amount of time looking for properties to sell. They obtain listings -- agreements by owners to place properties for sale with the firm. When listing a property for sale, agents and brokers compare the listed property with similar properties that recently sold, in order to determine a competitive market price for the property. Following the sale of the property, both the agent who sold it and the agent who obtained the listing receive a portion of the commission. Thus agents who sell a property that they themselves have listed can increase their commission.

Louisiana Real Estate Sales Representative Agreement with Broker: A Comprehensive Overview Introduction: The Louisiana Real Estate Sales Representative Agreement with Broker is a legally binding document that establishes the relationship between a licensed real estate sales representative and their sponsoring broker. This agreement outlines the terms and conditions under which the sales representative shall operate, defining their rights, responsibilities, and compensation structure. Key Terms: 1. Sales Representation: The Agreement formalizes the sales representative's role as an agent of the sponsoring broker. It clarifies that the sales representative may act on behalf of the broker in real estate transactions, such as listing, selling, leasing, or managing properties. 2. License and Compliance: The Agreement requires the sales representative to hold a valid real estate license issued by the Louisiana Real Estate Commission. It emphasizes compliance with state laws, regulations, and ethical standards governing the practice of real estate. 3. Exclusive Representation: In some cases, a Louisiana Real Estate Sales Representative Agreement with Broker may include an exclusivity clause, which states that the sales representative can only represent the broker during the term of the agreement and is prohibited from working with other brokers. 4. Compensation: The Agreement specifies the commission structure for the sales representative's services, detailing how commissions will be calculated and disbursed. Typically, commissions are a percentage of the sales price or lease value, but specific arrangements may vary based on individual negotiations. 5. Termination: The agreement may include provisions detailing the circumstances under which the agreement can be terminated by either party. Common termination causes include breach of contract, non-performance, or a mutual agreement to terminate. The notice period required for termination is also mentioned. Types of Louisiana Real Estate Sales Representative Agreement with Broker: While the specific terms and conditions outlined above are generally present in all Louisiana Real Estate Sales Representative Agreements with Brokers, there may be variations based on factors such as the brokerage's policy, the sales representative's experience, or the nature of the specific real estate transactions involved. Here are some notable types of agreements: 1. Independent Contractor Agreement: This type of agreement establishes the sales representative as an independent contractor, responsible for paying their own taxes and operating expenses. It defines the relationship between the broker and sales representative as non-employment. 2. Exclusive Sales Representative Agreement: This type of agreement grants exclusivity to the sales representative, restricting them from working with other brokers during the agreement's term. Usually, this happens when the broker invests significantly in the sales representative's training or marketing. 3. Non-Exclusive Sales Representative Agreement: In this agreement, the broker permits the sales representative to work with multiple brokers simultaneously or independently pursue their real estate transactions outside their association with the sponsoring broker. Conclusion: In summary, the Louisiana Real Estate Sales Representative Agreement with Broker is a crucial legal document that outlines the roles, responsibilities, compensation, and termination conditions relating to the relationship between a licensed sales representative and their sponsoring broker. The various types of agreements, including independent contractor, exclusive, and non-exclusive agreements, offer flexibility and cater to different business models and relationships within the real estate industry. It is essential for all parties involved to carefully review and understand the specific terms mentioned in the agreement before entering into the professional relationship.

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FAQ

Under the Louisiana Law of Agency, dual agency is permissible but only with the written consent of both parties. Licensees operating under a dual agency must show no favoritism to either party and treat them both with honesty and fairness for the duration of the dual agency or until the transaction is closed.

Which of the following is an exception to dual agency relationships in Louisiana? Louisiana agency law doesn't consider it dual agency if the licensee is the seller in the transaction.

Brokerage relationship means the contractual relationship between a client and a real estate licensee who has been engaged by such client for the purpose of procuring a seller, buyer, option, tenant, or landlord ready, able, and willing to sell, buy, option, exchange or rent real estate on behalf of a client.

In a single agency, a broker is required to disclose, in writing, to the party for whom the broker is an agent in a real estate transaction that the broker is the agent of the party. The written disclosure must be made before the time an agreement for representation is entered into between the broker and the party.

Subagency can only be created by a written agreement. A licensee is not considered to be a subagent of a client or another broker solely by reason of membership or other affiliation by the broker in a multiple listing service or other similar information source.

The relationship between an agent and a principal is a contractual one. Therefore, rights and duties of the agent and principal are in accordance with the agency contract. To establish an agency, there must be consent of both the principal and the agent, although such consent may be implied rather than expressed.

Under the Louisiana Law of Agency, dual agency is permissible but only with the written consent of both parties. Licensees operating under a dual agency must show no favoritism to either party and treat them both with honesty and fairness for the duration of the dual agency or until the transaction is closed.

Agency Relationships. A special relationship of trust by which one person (agent) is authorized to conduct business, sign papers, or otherwise act on behalf of another person (principal). This relationship may be created by expressed agreement, ratification, or estoppel.

Broker must disclose the nature of the agency relationship to the seller, landlord, buyer, or tenant. Broker must promote the interests of the seller, landlord, buyer, or tenant by seeking a price or lease rate that is satisfactory to the client. Broker must present all offers to the client immediately.

The dual agency disclosure form will be signed giving consent to the agent to act as a dual agent at the time the brokerage agreement is entered into, and at any time before the licensee acts as a dual agent. T or F? If one client does not consent to dual agency in a Louisiana transaction: A.

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Louisiana Real Estate Sales Representative Agreement with Broker