Guide · Real Estate

Real Estate Brokerage and Agency: A Comprehensive Guide to Duties, Listing Agreements, Commissions, and Disclosure

15 U.S.C. § 7001

Type
Guide
Jurisdiction
National
Date
2026-02-08
Topic
Real Estate

This guide covers the law governing real estate licensees from the moment of first contact through commission collection and board discipline. It begins with agency, because whose agent a licensee is determines every duty that follows, and works through the traditional structure, buyer agency, dual and designated agency, and statutory transaction brokerage. It develops the fiduciary duties in operational detail and identifies precisely where they stop. It covers listing agreements and buyer representation agreements clause by clause, then compensation — how the cooperative model worked, what the antitrust litigation changed, and how procuring cause and protection periods are actually decided. It covers seller and agent disclosure obligations separately because they are different duties, develops fair housing as it applies to brokerage practice, and works through the settlement service referral rules. It closes with trust accounts, supervision, advertising, unauthorized practice, wire fraud, and the discipline process.

Real Estate Brokerage and Agency: A Comprehensive Guide to Duties, Listing Agreements, Commissions, and Disclosure

Real Estate > Real Estate Brokerage, Agency, and Commissions | Published 8 February 2026 - Updated 26 May 2026 | UpLaw - uplaw.us

How to use this guide

Brokerage law is state law almost all the way down. License requirements, agency structures, disclosure timing, permitted dual agency, commission rules, and discipline procedure all vary, and several States have adopted structures — transaction brokerage, mandatory designated agency, prohibition of dual agency — that make general statements wrong in their jurisdiction. Verify the state statute and the state real estate commission's rules before relying on anything here.

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