Laws for consumer representation by DRE brokers need consistency. Litigation will pull in the courts to definitively establish the conduct required of tenant brokers to earn and collect a fee. In the meantime, brokers need to do everything in their power to protect the fee they and their agents expect to earn.

See how the use of a written tenant representation agreement by the tenant broker assures collection of a fee whether the user acquires a fee or leasehold interest in a property — the tenant representation agreement covers the broker in both circumstances.

2025 legislation requires a buyer agent to enter into a written representation agreement with their buyer seeking to acquire a fee interest in real estate. But is a commercial tenant’s acquisition of a leasehold interest also targeted? This three-part series is engineered to fully address every facet of this question commonly asked by our readers and students.