Free Non-Compete Agreement Template for Real Estate Agents
A Non-Compete Agreement restricts a former employee, contractor, or business partner from working with direct competitors. Enforceability varies wildly by state — California, North Dakota, and Oklahoma generally prohibit non-competes; the FTC has signaled future federal restrictions. This version is tailored for real estate agents — covering the specific clauses and considerations that matter most in the industry.
Non-Compete Agreement — Template Preview
For Real Estate AgentsNon-Compete Agreement
For use in Real Estate Agents
1. Background
In connection with [EMPLOYEE / CONTRACTOR / SELLER]'s relationship with [COMPANY] in the real estate agents industry, and in exchange for [consideration: employment, equity, sale proceeds, etc.], the parties agree to the restrictions below.
2. Restricted Activity
For a period of [MONTHS] months following the end of the relationship, [PARTY] will not, directly or indirectly, engage in any business that directly competes with Company within [GEOGRAPHIC SCOPE].
3. Reasonable Scope
The parties agree that the duration, geographic scope and activity restrictions are reasonable and necessary to protect Company's legitimate business interests, including trade secrets, customer relationships and goodwill.
4. Carve-Outs
Nothing in this Agreement prevents [PARTY] from: (a) owning less than 1% of a publicly traded company, (b) accepting a passive investment role, or (c) working in roles or geographies expressly carved out below.
5. Severability & Reformation
If any court finds any part of this Agreement unenforceable as written, the court may modify the duration, geographic scope or restricted activities to the minimum extent necessary to make it enforceable, and the remainder will continue in full force.
6. State-Specific Notice
This Agreement is governed by [STATE] law. Non-compete agreements are unenforceable in California, North Dakota, Oklahoma and Minnesota (effective 2023); residents of those states should disregard the non-compete clause but remain bound by the confidentiality and non-solicitation provisions.
Industry-specific considerations for real estate agents
Beyond the standard non-compete agreement clauses, here are the specific items real estate agents typically need to address before signing:
- State licensing disclosure
- Commission split disclosure
- Agency relationship (buyer's vs seller's agent)
- Dual agency consent if applicable
Typical pricing in real estate agents
Typically commission-based (5–6% on residential).
How to use this template — 3 steps
Customize
Use our eSign tool to drop in your real names, dates, scope and fees. The template handles the legal scaffolding; you fill in the specifics for your real estate agents engagement.
Add signature fields
Drag-drop signature, date, initials, and text fields onto the document. Assign each field to the correct signer (yourself, the client, or both).
Send for signature
Enter the other party's name and email, hit Send. They receive a signing link via email — no account required. You get notified the second they sign.
Customization tips before you send
- • Replace every [BRACKETED] placeholder with real values — names, dates, dollar amounts, percentages.
- • Set the governing law to your state — usually where you live or do business.
- • Confirm the 6–24 months post-departure term length matches your project.
- • If this is a high-stakes contract (over ~$50K, or anything involving regulated activity), have a licensed attorney in your state spend 30 minutes on a review.
FAQ — Non-Compete Agreement for Real Estate Agents
Do real estate agents really need a Non-Compete Agreement?+
Yes — and especially in real estate agents, where client relationships are the core asset. A signed non-compete agreement protects both sides if something goes wrong — and most disputes can be solved by simply pointing at the signed contract.
What's different about a Non-Compete Agreement for real estate agents?+
Compared to a generic non-compete agreement, the real estate agents version typically adds clauses around: State licensing disclosure; Commission split disclosure; Agency relationship (buyer's vs seller's agent).
Is this Non-Compete Agreement legally binding once signed?+
Yes. Under the federal ESIGN Act and state UETA laws, an electronic signature is just as legally binding as a wet-ink signature for almost all commercial contracts. Our eSign tool produces a SHA-256 audit trail proving who signed, when, and from where — so the contract is defensible in court.
Can I edit this template?+
Yes — and you should. The template covers the typical scope, but every real estate agents engagement has unique details (rates, scope, deadlines). Use our eSign tool to drop in your actual project details before sending the contract for signature.
How do I sign this online?+
Click "Edit & sign online — free" below. Our eSign tool opens with a blank document; upload your customized contract PDF, drag-drop signature/date fields, and email it to the other party. They sign from any device — no account needed for signers.
Are there specific regulatory requirements for real estate agents?+
Yes. Real Estate Agents are subject to industry-specific regulations that affect contract terms. Always confirm your version complies with applicable licensing rules, disclosure requirements, and consumer protection laws in your state. When in doubt, have a licensed attorney review.
Other contracts real estate agents commonly need
Ready to sign?
Open the Non-Compete Agreement in our free eSign tool, customize it for your real estate agents engagement, and send it for signature in under 2 minutes.
Open in eSign — free →