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Exclusive Realtor Agreement Template for England and Wales

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What is a Exclusive Realtor Agreement?

An exclusive realtor agreement, known in England and Wales as an exclusive estate agency agreement, appoints a single agent as the sole authorised party to market and sell a property during a defined period. Regulated by the Estate Agents Act 1979 and the Consumer Rights Act 2015, the agreement must disclose the commission structure, the precise definition of exclusivity, and any circumstances in which a fee is payable. It gives sellers and agents a clear contractual framework for the sale process.

Frequently Asked Questions

What is an exclusive realtor agreement in the context of England and Wales?

The term 'realtor' is not used in England and Wales, where the equivalent professional is called an estate agent. An exclusive realtor agreement corresponds to an exclusive estate agency agreement under English law, appointing one agent as the sole authorised party to market and sell a property during the agreed period, with commission payable on a completed transaction.

Is an estate agent in England the same as a realtor in the United States?

They perform a similar function but are subject to different legal frameworks. In England and Wales, estate agents are regulated by the Estate Agents Act 1979 and must belong to a redress scheme under the Consumers, Estate Agents and Redress Act 2007. The term 'realtor' is a trademarked designation in the United States for members of the National Association of Realtors. No equivalent trademarked designation exists in England.

What must an exclusive estate agency agreement disclose in England?

Under the Estate Agents Act 1979, the agent must provide written notice of the commission rate, the meaning of the agency type, any circumstances in which a fee is payable even without the agent introducing the buyer, and any personal interest held by the agent in the property. Failure to give these disclosures before marketing begins can render the commission unenforceable.

How do commission rates compare between England and the United States?

In England, residential estate agency fees typically range from 0.75% to 3% of the sale price plus VAT, though online agents may charge fixed fees. In the United States, combined buyer and seller commission has traditionally been around 5% to 6%, though market practices are changing. Commission is not regulated by statute in either jurisdiction and is freely negotiable before the agreement is signed.

Can the agent market the property on major portals such as Rightmove and Zoopla?

Yes. Most estate agents in England and Wales are members of the major online portals, and listing on Rightmove, Zoopla, and OnTheMarket is standard practice under any exclusive listing mandate. The agent's right and obligation to list on these platforms should be confirmed in the agreement. Sellers should also check what happens to the listing if the agreement is terminated before a sale completes.

What is the cooling-off period for an exclusive estate agency agreement?

If the agreement was concluded at a distance (for example, by phone or online) or off-premises (for example, at the seller's home), the Consumer Contracts Regulations 2013 give the seller a 14-day right to cancel. If the seller requests that marketing begin immediately and the agreement is cancelled within 14 days, a proportionate fee for work already carried out may still be payable.

What happens if the property is sold for more than the asking price agreed at instruction?

If the property achieves a sale price above the original asking price, commission calculated as a percentage increases accordingly. Fixed-fee agreements are unaffected by the achieved price. The agreement should specify whether commission is calculated on the asking price, the agreed sale price, or the final completion price, as these can differ where a price reduction or increase is agreed after initial instruction.

What redress scheme must the estate agent belong to in England?

Every estate agent operating in England and Wales must be a member of either The Property Ombudsman or the Property Redress Scheme, as required by the Consumers, Estate Agents and Redress Act 2007. Sellers can lodge a formal complaint with the relevant scheme if the agent fails to comply with the statutory code of practice or the terms of the exclusive agreement.

Reviewed by

Legal Engineer, GenieAI

A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Legal Engineer, GenieAI

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Reviewed by

&

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Exclusive Realtor Agreement

An Exclusive Realtor Agreement is a critical legal document that formalizes the professional relationship between you and a real estate agent or broker. This contract grants your chosen realtor exclusive rights to represent you in buying or selling property, while establishing clear expectations for services, compensation, and legal obligations under United States real estate law.

When do you need this document?

You need this agreement when engaging a real estate professional for exclusive representation in property transactions. Whether you're selling your home and want dedicated marketing services, or you're a serious buyer requiring focused attention from an agent, this contract ensures your realtor commits their full resources to your transaction. The agreement is particularly important in competitive markets where you need guaranteed agent availability and priority service. You'll also need it when working with a realtor who requires exclusive representation before investing significant time and marketing resources in your property.

Key legal considerations

The commission structure clause requires careful attention, as it determines how and when your realtor gets paid, including scenarios where you find a buyer independently. The scope of services section must clearly outline what marketing activities, showing arrangements, and negotiation services are included. Pay close attention to the termination clause, which specifies how either party can end the agreement and any notice requirements. The protection period clause is crucial, as it may require you to pay commission even after the agreement expires if a buyer introduced during the contract period later purchases your property. Agency relationship terms define whether your realtor represents you exclusively, the other party, or both parties in a dual agency capacity.

Legal requirements in United States

Your agreement must comply with the Real Estate Settlement Procedures Act (RESPA), which requires specific disclosures about settlement costs and prohibits kickbacks between service providers. Fair Housing Act compliance is mandatory, ensuring your realtor cannot discriminate based on protected characteristics during property marketing or buyer screening. The agreement must include required state-specific disclosures, which vary by jurisdiction but often cover agency relationships, property condition obligations, and commission sharing arrangements. Electronic signature validity is governed by the E-SIGN Act, allowing digital execution of your contract. Many states require specific licensing disclosures, termination notice periods, and dispute resolution procedures to be included in the agreement text.

GOVERNING LAW

Applicable law

This Exclusive Realtor Agreement is drafted to comply with England and Wales law. Key legislation includes:

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