Form-of-the-Week: Buyer and Tenant Representation Agreements — Forms 103.1, 103.2, 105.1 and 105.2
Retain a client and earn a fee as an exclusive agent whether the client acquires a leasehold or fee interest.
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Category: Buyer Representation
The exclusive employment obligations of a broker
Learn the obligations of a seller and their broker under an exclusive seller representation agreement and whether a buyer is ready, willing and able to buy when submitting an offer to purchase.
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The MLS environment
Review the historical and current practice of a buyer broker to earn and be paid their fee on a transaction when representing a buyer-client.
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Form-of-the-Week: The Right of First Refusal to Buy — Form 579
A landlord and tenant may agree to grant the tenant a right of first refusal in an addendum to the lease agreement using RPI Form 579.
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Confronting the illegal practice of price-fixing fees in 2025 — California style
How does a buyer broker or agent conduct discussions with a seller broker without falling back into consumer-unfriendly methods for representation and fee-setting?
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Form-of-the-Week: Tenant Representation Agreements and Renewals — Forms 105.1, 105.2, 105.1A and 105.2A
The tenant representation agreement employing a broker to acquire a leasehold interest in a property is the leasing equivalent to the buyer representation agreement to acquire a fee interest.
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A representation agreement employs a broker
Learn the difference between exclusive and open client representation agreements and understand the use of exclusive representation agreements as best practice for client representation.
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Reading the legal tea leaves — the parallel need to conform tenant representation to new buyer representation rules for commercial transactions
The new buyer representation rules have an application which may surprise some brokers – the negotiated, written representation of commercial tenant clients.
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Letter to the Editor: What happens to buyer representation agreements and fees when an agent changes brokers?
A buyer representation agreement runs with the broker, not the agent.
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Counteroffer to a Purchase Agreement with a Fee Provision
A seller broker’s tortious interference with the fee arrangements between the buyer and the buyer broker is as imprudent as whacking a hornet’s nest.
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Illustrating the Fee-Math Involved in a Sale, Pt II
See how to use the Seller’s Net Sales Proceeds form and Buyer’s Acquisition Cost Sheet form to clearly present the financial consequences of a transaction to your seller or buyer.
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Buyer representation, dual agency and double ending
As buyer representation evolves professionally in California, dual agency provides a workaround for improper brokerage practice and excess fees.
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Illustrating the Fee-Math Involved in a Sale, Pt I
This episode depicts the new negotiating power buyer brokers use to protect their fee – and mitigate business risk.
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Form-of-the-Week: Purchase Agreement — For Other than One-to-Four Residential Units — Form 151
A buyer broker uses RPI Form 151 when preparing an offer to purchase income-producing real estate, excluding one-to-four unit residential property.
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Putting the Representation Forms into Practice
Grab the buttered popcorn as we bring buyer representation to life as a sample transaction in the latest episode of the series.
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Buyer Representation Bonus Training™ brings firsttuesday students up to speed with 2025 buyer legislation
The Buyer Representation Bonus Training™ is available to current and future firsttuesday students without charge. The Bonus Training contains everything brokers and agents need to operate successfully in the new paradigm — the buyer representation mandate in 2025 and beyond.
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Buyer Representation Agreement Retainer Periods
Different buyer representation retainer period and extension rules apply when the buyer-client is an individual versus an entity. Watch the critical distinctions in our latest video.
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The case for “seller representation agreement” to replace “listing” in real estate law
The title “Listing Agreement” is archaic compared to “Representation Agreement.”
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Form-of-the-Week: Seller’s Net Sheet, and Buyer’s Cost Sheet — Forms 310 and 311
Demonstrate to your buyer and seller clients how broker fees are paid in RPI Forms 310 and 311.
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Preempt your buyer-client’s questions about representation using Client Q&A Flyers
Anticipate and inform your buyers about representation by handing them Client Q&A Flyers, available at no cost to firsttuesday students.
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