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This form is used by a leasing agent when entering into the employment of a prospective tenant as their sole agent for a fixed period of time, to locate a property for their occupancy and negotiate the terms and conditions of a lease agreement.


Your use of RPI Form 111

Written agreements enforce collection of a fee

A broker’s assurance they will earn their fee for services rendered is required by the statute of frauds to be both:

  • in writing; and
  • signed by the client.

Once entered into, the written contract entitles the broker to enforce collection of the fee from the client, whether or not the broker performs as agreed.

Formal documentation of an obligation to pay a fee — a written agreement containing a fee provision and signed by the client — is the legislatively enacted and judicially mandated requisite to the right to enforce collection of a broker fee from a client who has agreed to pay it.

The written agreement contains the client’s promise to pay a fee. Critically, the client’s mere oral promise to pay a fee does not entitle the broker to enforce collection of the fee due from the client.

Thus, whenever a client employs a broker to act as their agent, the broker’s best form of fee protection is a written and signed contract — typically in the form of a listing agreement. [See RPI Form 102 and 103]

Although a seller or buyer’s exclusive listing agreement is the most frequently used contract among sellers and buyers of real estate, brokers are also frequently employed to act as leasing agents for landlords or tenants.

leasing agent is a broker who markets the availability of space to rent and locates and negotiates the terms of a lease with suitable tenants.

Sellers and landlords, buyers and tenants

The seller’s listing agreement employs the broker as a property owner’s sole agent for a fixed period of time to list the property for sale, locate a buyer and sell the property. [See RPI Form 102]

In a similar fashion, the exclusive authorization to lease property employs the leasing agent as a landlord’s sole agent for a fixed period of time to solicit prospective tenants and negotiate a lease of a specific property. [See RPI Form 110]

Essentially, the exclusive authorization to lease property is the same side of the transactional coin as a seller’s exclusive listing agreement. The major differences are that the property is for lease, rather than for sale, and the client represented by the broker is the landlord, rather than the seller.

On the other hand, a buyer’s listing agreement employs a broker as a prospective buyer’s sole agent for a fixed period of time to prepare an offer to render services on behalf of the buyer to locate and acquire property. [See RPI Form 103]

Similarly, the exclusive authorization to locate space employs the leasing agent as a tenant’s sole agent for a fixed period of time to locate property and negotiate terms and conditions for its rental or lease. [See RPI Form 111]

The exclusive authorization to locate space is comparable to the buyer’s exclusive right-to-buy agreement, except the property sought is for rent, rather than for sale, and the client is a tenant, rather than a buyer.

Despite their differences from exclusive right-to-sell and right-to-buy listings, the exclusive authorizations to lease property and locate space are employment agreements. When they are in writing and signed by the client, the written agreements entitle the broker to receive a fee when the client’s objectives are fulfilled — in this case, the renting or lease of property.

The benefits of exclusive authorizations

Both the client and the leasing agent benefit under the exclusive authorization to lease property. Likewise, all participants benefit under the exclusive authorization to locate space.

The leasing agent benefits, since their efforts will be paid for, when:

  • anyone procures a tenant for the identified space during the listing period, in the case of the exclusive authorization to lease [See RPI Form 110]; and
  • the tenant enters into a lease agreement for space similar to the space sought under the exclusive authorization to locate space. [See RPI Form 111]

The client (landlord or tenant) benefit under these arrangements, since:

  • the employment commits the leasing agent to fulfill the client’s objectives diligently, consistently and conscientiously; and
  • the client and leasing agent work together to accomplish a single objective.

Analyzing the exclusive authorization to locate space

A broker needs to enter into an employment agreement with a tenant before extensively analyzing the tenant’s needs for space the broker intends to locate. As a matter of best practices, the employment agreement is entered into and signed prior to locating space or exposing the tenant to available space not listed with the broker. [See RPI e-book Real Estate Property Management, Chapter 13]

A leasing agent uses the Exclusive Authorization to Locate Space published by RPI when employed by a tenant as their sole agent to locate property and negotiate terms and conditions for its rental or lease for a fixed period of time. [See RPI Form 111]

The sections of the Exclusive Authorization to Locate Space include:

  • Retainer period: The commencement and termination dates of the employment is entered. [See RPI Form 111 §1]
  • Broker’s obligations: The broker agrees to use diligence in the performance of the agreement and when the tenant’s intended lease period exceeds one year, the tenant acknowledges their receipt of the Agency Law Disclosure. [See RPI Form 550-2See RPI Form 111 §2]
  • General provisions: General information for the tenant is listed. [See RPI Form 111 §3]
  • Brokerage fee: The broker enters or attaches a fee schedule to set the amount the broker will receive from the tenant for services rendered. [See RPI Form 111 §4]
  • Type of space sought: The broker enters the general description, location, size, rental amount and rental term of the tenant’s desired property. [See RPI Form 111]
  • Signatures and identification of the parties: The parties enter their information and sign to agree to the employment on the terms stated in the form. [See RPI Form 111]
Revision history

Form navigation page updated 06-2022.

Form last revised 2017.