Real estate agent job description template: the seat, the license, the broker and contractor status
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"Real estate agent: help clients buy and sell homes; unlimited earning potential" is how many brokerage postings read, and it fits a new licensee joining a large brokerage on a commission split, a buyer's agent on a team that supplies leads, a listing specialist, a salaried licensed assistant, and an inside sales agent who calls online leads all day. Those seats differ in license requirements, how the person is paid, whether they are an employee or an independent contractor, and how much support the brokerage gives. A useful real estate agent job description says which seat it is, what license is needed and by when, who the supervising broker is, where leads come from, how the split or pay works and what the agent pays for. Below are the seat types, the licensing, contractor and fair housing lines with sources, a copy-ready template, screening and scorecard rows, and common mistakes. For the first call, use the real estate agent screening questions.
Name the seat first
| Seat | What the work looks like | Must-have that separates it |
|---|---|---|
| Brokerage-affiliated agent (own business) | Generates own clients, sets own schedule, uses the brokerage's brand, training and tools, pays fees or a split | Has a plan and a sphere to build a business, and can work without a salary |
| Team buyer's agent | Works leads the team supplies, buyer consultations, showings, offers, follows the team's process | Fast follow-up and a record of converting leads into signed buyer agreements |
| Listing specialist | Listing presentations, pricing, preparing and marketing homes, negotiating offers | Has won and sold listings and can explain a pricing decision with data |
| Licensed assistant or transaction coordinator | Contracts, deadlines, document compliance, scheduling, client updates, often salaried or hourly | Accurate with contracts and deadlines; license if duties require it |
| Inside sales agent (ISA) | Calls and texts online leads, qualifies them, books appointments for agents | Comfortable with high call volume and a script; knows what the state lets an unlicensed caller say |
Then settle the facts: employee or independent contractor, license required at start or sponsored, the supervising broker, lead sources and who pays for them, the split or pay plan, fees the agent pays (desk, technology, errors and omissions), training, market area, and the CRM and transaction systems. If the work is leasing and managing rentals for owners, start from the property manager job description template.
Licensing, contractor status and fair housing, with sources
Not legal advice. The points below were checked against the BLS Occupational Outlook Handbook, the Texas Real Estate Commission, the California Department of Real Estate, the U.S. Code, the IRS and HUD as of October 2026. Licensing is set by each state's real estate commission; worker classification depends on federal and state law. Confirm with counsel.
License and broker. BLS says all states require real estate brokers and sales agents to be licensed, that sales agents must work with a real estate broker, that most states require broker license candidates to have experience as a licensed sales agent, and that most brokers and sales agents are self-employed (BLS Occupational Outlook Handbook, last modified August 27, 2026). Two state examples:
- Texas. A sales agent applicant must complete 180 classroom hours of qualifying courses and pass the exam, and a sales agent must be sponsored by a licensed broker to perform any act of real estate services (TREC sales agent requirements).
- California. Salesperson applicants must be 18 or older, complete three college-level courses and pass a written exam, and a salesperson without a responsible broker may not perform acts requiring a license (DRE salesperson requirements).
In the posting, write the license line with the state and say whether you will consider candidates still completing prelicensing, and name the supervising broker's role in training and review.
Independent contractor status for federal tax. Under 26 U.S.C. 3508, a qualified real estate agent is not treated as an employee, and the brokerage is not treated as an employer, when the agent is licensed, substantially all pay for the services is directly related to sales or other output rather than hours worked, and the services are performed under a written contract providing that the agent will not be treated as an employee for federal tax purposes. The IRS describes the same conditions on its statutory nonemployees page. The section applies "for purposes of this title," meaning the Internal Revenue Code, so state tax, unemployment, workers' compensation and wage law can need their own analysis. A salaried licensed assistant or an hourly ISA does not meet the output-based pay condition, so its status falls to the general rules and is often employment; review overtime for those seats against the $684 a week standard salary level and the duties tests.
Fair housing. HUD summarizes the Fair Housing Act as prohibiting discrimination in housing because of race, color, national origin, religion, sex, familial status and disability (HUD Fair Housing Act overview). Name compliance in advertising, showing and negotiating as a duty and say training is provided.
The real estate agent job description template
[Licensed] Real Estate [Sales Agent / Buyer's Agent / Listing
Specialist / Licensed Assistant / Inside Sales Agent]
[Brokerage or team], [city, state] — serving [market area],
[office days / flexible schedule]
Status: [Independent contractor under a written agreement /
Employee].
Pay: [commission split of N/N, with (cap / fees) described below /
salary $N–$N per year / hourly $N–$N plus bonus per (appointment
or closing)].
SUMMARY
You will [represent buyers / win and sell listings / support our
agents / qualify online leads] in [market], working under the
supervision of [broker of record / designated broker]. Leads come
from [your own sphere / team-provided sources / both], and
[the brokerage / you] pay for [lead sources, marketing]. You will
report to [team lead / broker].
WHAT YOU WILL DO
- [Meet buyers, sign buyer agreements, show homes and write
offers.]
- [Prepare listing presentations, price and market homes.]
- [Manage contracts and deadlines from offer to closing.]
- Follow up with every lead within [time] using [CRM].
- Follow fair housing law and brokerage policy in all advertising
and client contact.
- Complete continuing education to keep your license active.
YOU MUST HAVE
- [Active (state) sales agent license / or completion of
prelicensing by (date) and licensure before client work.]
- [N] [closed transactions / years of sales or service
experience], with results you can describe.
- Reliable transportation for showings [if in-person work].
NICE TO HAVE
- Local market knowledge, [language], [designation].
If you meet the must-haves and none of these, please apply.
WHAT THE BROKERAGE PROVIDES AND WHAT YOU PAY
- [Training, broker review of contracts, tools, office.]
- [Fees: desk, technology, transaction, errors and omissions.]
HOW WE HIRE
[Conversation with (team lead / broker); a role-play of a buyer
consultation or listing presentation; review of the written
agreement before you sign.]
[EEO STATEMENT]
Need an adjustment to apply or interview? Contact [address].Pay and EEO
For commission seats, state the split, any cap, and every fee the agent pays; for employee seats, post the range and check pay transparency laws by state. Label any example commission figures as examples. BLS publishes pay data for real estate brokers and sales agents in the Handbook profile linked above; this page does not quote figures. Close with a short EEO statement and an accommodation contact.
From must-haves to screening questions and scorecard rows
| Must-have | Screening question | Scorecard competency | Evidence of a strong answer |
|---|---|---|---|
| License | "Which state license do you hold, is it active, and who is your current broker?" | Not scored: verified | License status checked with the state commission |
| Business generation | "Where did your last ten clients come from?" | Lead generation | Specific sources, a follow-up system, a realistic view of conversion |
| Client consultation | "Walk me through your first meeting with a new buyer. What do you cover?" | Client communication | Explains the agreement, the process and compensation clearly |
| Negotiation | "Tell me about a deal that nearly fell apart after inspection. What did you do?" | Negotiation | Calm, options for both sides, protected the client's interest |
| Fair housing judgment | "A buyer asks you which neighborhoods have 'the right kind of people.' What do you say?" | Compliance judgment | Declines to steer, redirects to objective criteria, stays professional |
The later rounds are in the interview guide for real estate roles, and the first months in the 30-60-90 day plan for real estate agents.
Common mistakes in real estate agent job descriptions
"Unlimited income" with no split or fees
Experienced agents compare splits, caps and fees. Publish them, with examples labelled as examples.
Calling a contractor seat a job without saying so
If the agent is an independent contractor, say it in the header and describe the written agreement. Surprises at signing end recruiting conversations.
Employee duties under a contractor agreement
Hourly or salaried pay does not meet the output-based pay condition in section 3508. Get those seats reviewed.
No word on leads
Say whether the brokerage or team supplies leads, what they cost and what is expected in return.
Skipping the broker's role
New agents choose on training and contract review. Name who supervises and how.
Before you publish
- The seat, employment status and market area are in the header.
- The license line names the state and says whether prelicensing candidates are considered.
- Split, caps, fees or pay range are stated in full.
- Fair housing compliance is a stated duty, with training.
- The EEO statement and an accommodation contact close the posting.
Questions people ask
Does a real estate agent need a license before joining?
They need one before doing work that requires a license. BLS says all states require real estate brokers and sales agents to be licensed and that sales agents must work with a broker. Texas, for example, says a sales agent must be sponsored by a licensed broker to perform any act of real estate services. Many brokerages recruit people who are still in prelicensing courses; say so if you do.
Are real estate agents employees or independent contractors?
Either is possible. Under 26 U.S.C. 3508, a licensed real estate agent is not treated as an employee for federal tax purposes when substantially all pay is directly related to sales or other output rather than hours worked and the services are performed under a written contract saying the agent will not be treated as an employee for federal tax purposes. That section applies to the Internal Revenue Code; state law and other questions need their own review.
What is the difference between a sales agent and a broker?
A broker holds a higher license that lets them run a brokerage and supervise sales agents, who must work under a broker. BLS says most states require broker candidates to have experience as a licensed sales agent. State titles vary, such as salesperson, sales agent or sales associate.
Should a real estate agent job description mention fair housing?
Yes. Agents work in advertising, showing and negotiating housing, which the Fair Housing Act covers. HUD summarizes the Act as prohibiting discrimination in housing because of race, color, national origin, religion, sex, familial status and disability; many states and cities add more protected classes. State that agents must follow fair housing law and that training is provided.