Services to Be Performed

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Independent Contractor Agreement for Real Estate Salesperson

This Agreement is made between _________________________ (Broker), with a principal place of business at _________________________ and _________________________ (Salesperson), with a principal place of business at _________________________.



Services to Be Performed

Salesperson agrees to sell, lease, or rent real estate listed with Broker. Salesperson will not be treated as an employee with respect to the services performed by salesperson as a real estate agent for federal tax purposes.



Compensation

In consideration for the services to be performed by Salesperson, Broker agrees to pay Salesperson a commission on completed sales by Salesperson as follows: _________________________.

Salesperson shall have no right to compensation based on the number of hours worked.

Expenses

Salesperson shall be responsible for all expenses incurred while performing services under this Agreement. This includes license fees, memberships, and dues; automobile and other travel expenses; meals and entertainment; insurance premiums; and all salary, expenses, and other compensation paid to employees or contract personnel the Salesperson hires to complete the work under this Agreement.



Broker's Sales Office

Broker agrees to provide Salesperson with the use, equally with other Salespersons, of all the facilities of the sales office operated by Broker at ______[address of Broker's real estate office to be used by salesperson]______.



Independent Contractor Status

Salesperson is an independent contractor, not Broker's employee. Salesperson's employees or contract personnel are not Broker's employees. Salesperson and Broker agree to the following rights consistent with an independent contractor relationship.



  • Salesperson has the right to perform services for others during the term of this Agreement.

  • Salesperson has the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.

  • Subject to any restrictions on Contractor's sales territory contained in this Agreement, Salesperson has the right to perform the services required by this Agreement at any location or time.

  • Salesperson has the right to hire assistants as subcontractors, or to use employees to provide the services required by this Agreement.

Business Permits, Certificates, and Licenses

Salesperson has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement.

Salesperson represents and warrants that Salesperson is a licensed real estate salesperson in good standing, having been licensed by _________________________ on _____[date]_____.

State and Federal Taxes

Broker will not:



  • withhold FICA (Social Security and Medicare taxes) from Salesperson's payments or make FICA payments on Salesperson's behalf

  • make state or federal unemployment compensation contributions on Salesperson's behalf, or

  • withhold state or federal income tax from Salesperson's payments.

Salesperson shall pay all taxes incurred while performing services under this Agreement—including all applicable income taxes and, if Salesperson is not a corporation, self-employment (Social Security) taxes. Upon demand, Salesperson shall provide Broker with proof that such payments have been made.

Fringe Benefits

Salesperson understands that neither Salesperson nor Salesperson's employees or contract personnel are eligible to participate in any employee pension, profit sharing, health, vacation pay, sick pay, or other fringe benefit plan of Broker. If Salesperson is later classified as Broker's employee, Salesperson expressly waives his or her rights to any benefits to which he or she was, or might have become, entitled.



Workers' Compensation

Broker shall not obtain workers' compensation insurance on behalf of Salesperson or Salesperson's employees. If Salesperson hires employees to perform any work under this Agreement, Salesperson will cover them with workers' compensation insurance to the extent required by law and provide Broker with a certificate of workers' compensation insurance before the employees begin the work.

[Optional: Salesperson shall obtain workers' compensation insurance coverage for Salesperson. Salesperson shall provide Broker with proof that such coverage has been obtained before starting work.]

Unemployment Compensation

Broker shall make no state or federal unemployment compensation payments on behalf of Salesperson or Salesperson's employees or contract personnel. Salesperson will not be entitled to these benefits in connection with work performed under this Agreement.



Insurance

Broker shall not provide any insurance coverage of any kind for Salesperson or Salesperson's employees or contract personnel. Salesperson agrees to maintain an insurance policy in an adequate amount to cover any negligent acts committed by Salesperson or Salesperson's employees or agents while performing services under this Agreement.

Salesperson shall indemnify and hold Broker harmless from any loss or liability arising from performing services under this Agreement.

This includes any claim for injuries or damages caused by Salesperson while traveling in Salesperson's automobile and performing services under this Agreement.



Terminating the Agreement

[Check the applicable provision -- select ONE:]

[Alternative A]

[ ] With reasonable cause, either Broker or Salesperson may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes:



  • a material violation of this Agreement, or

  • any act exposing the other party to liability to others for personal injury or property damage.

[Alternative B]

[ ] Either party may terminate this Agreement at any time by giving thirty days written notice to the other party of the intent to terminate.

[End alternate provisions]

Exclusive Agreement

This is the entire Agreement between Salesperson and Broker.



Severability

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force if the essential provisions of this Agreement for Broker and Salesperson remain valid, binding, and enforceable.



Resolving Disputes

[Check and complete applicable provision -- select ONE:]

[Alternative A]

[ ] If a dispute arises under this Agreement, any party may take the other to court.

[Alternative B]

[ ] If a dispute arises under this Agreement, the parties agree first to try to resolve the dispute with the help of a mutually agreed-upon mediator in _________________________. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.

If a dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.

[Alternative C]

[ ] If a dispute arises under this Agreement, the parties agree first to try to resolve the dispute with the help of a mutually agreed-upon mediator in _________________________. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in _________________________. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisidiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

[End alternate provisions]

Applicable Law

This Agreement will be governed by the laws of the State of _________________________.



Notices

All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows:



  • when delivered personally to the recipient's address as stated on this Agreement

  • three days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated on this Agreement, or

  • when sent by fax or email to the last fax number or email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.

No Partnership

This Agreement does not create a partnership relationship. Salesperson does not have authority to enter into contracts on Broker's behalf.



Signatures

Client: _______[Name of Broker]_______


_________________________________________
Signature

______[Typed or printed name]______

Title: _________________________

Date: _________________________


Contractor: _______[Name of Contractor]_______
_________________________________________
Signature

______[Typed or printed name]______

Title: _________________________

Taxpayer ID Number: _________________________



Date: _________________________

Independent Contractor Agreement for Real Estate Salesperson Page of


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