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Broker Salesperson Agreement for Canada

Broker Salesperson Agreement Template for Canada

This document establishes the legal relationship between a real estate brokerage and a licensed real estate salesperson in Canada, operating under provincial real estate laws and regulations. It defines the independent contractor relationship, outlines commission structures, specifies mutual obligations, and addresses compliance requirements with provincial real estate councils and boards. The agreement covers essential aspects such as marketing rights, client relationships, confidentiality obligations, and termination provisions, while ensuring compliance with Canadian real estate regulations and professional standards.

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What is a Broker Salesperson Agreement?

The Broker Salesperson Agreement is a fundamental document in Canadian real estate operations, used to formalize the relationship between real estate brokerages and their salespeople. This agreement is essential when a licensed real estate salesperson joins a brokerage as an independent contractor, requiring compliance with provincial real estate regulations and professional standards. It addresses crucial elements such as commission structures, service obligations, compliance requirements, and operational procedures. The document must align with provincial real estate laws, as real estate practice is primarily regulated at the provincial level in Canada. It serves as both a legal framework and operational guide, protecting the interests of both parties while ensuring regulatory compliance.

What sections should be included in a Broker Salesperson Agreement?

1. Parties: Identification of the Brokerage and the Salesperson

2. Background: Context of the agreement, including confirmation of Salesperson's licensing status

3. Definitions: Key terms used throughout the agreement

4. Appointment and Scope: Establishment of independent contractor relationship and scope of services

5. Salesperson Obligations: Key duties, responsibilities, and performance requirements

6. Brokerage Obligations: Support, resources, and services provided by the brokerage

7. Compensation: Commission structure, payment terms, and fee splits

8. Compliance and Regulations: Regulatory requirements, professional standards, and compliance obligations

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property: Ownership and usage of marketing materials, client lists, and other IP

11. Term and Termination: Duration, renewal, and termination provisions

12. Post-Termination Obligations: Obligations that survive termination

13. General Provisions: Standard clauses including notices, amendments, governing law

What sections are optional to include in a Broker Salesperson Agreement?

1. Training and Development: Required when brokerage provides specific training programs or mentorship

2. Marketing and Advertising: Include when specific marketing arrangements or restrictions need to be detailed

3. Team Operations: Required when salesperson operates or joins a team within the brokerage

4. Insurance Requirements: Include when specific insurance obligations beyond standard coverage are required

5. Non-Competition: Optional restrictions on post-termination competition, if applicable in jurisdiction

6. Technology and Systems: Include when providing specific requirements for use of brokerage technology

7. Expense Allocation: Required when there are specific arrangements for sharing business expenses

What schedules should be included in a Broker Salesperson Agreement?

1. Schedule A - Commission Structure: Detailed breakdown of commission splits and payment terms

2. Schedule B - Policies and Procedures: Brokerage's operational policies and procedures

3. Schedule C - Technology Systems: List of provided technology tools and usage requirements

4. Schedule D - Marketing Guidelines: Specific requirements for marketing and branding

5. Schedule E - Office Services: Details of office facilities and support services provided

6. Appendix 1 - Required Forms: Standard forms and documents to be used

7. Appendix 2 - Compliance Checklist: Regulatory compliance requirements and procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions






























Clauses




























Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Property Development

Professional Services

Financial Services

Relevant Teams

Legal

Compliance

Operations

Human Resources

Sales

Recruitment

Administration

Risk Management

Relevant Roles

Real Estate Broker

Real Estate Salesperson

Real Estate Agent

Managing Broker

Broker of Record

Sales Manager

Compliance Officer

Legal Counsel

Operations Manager

Human Resources Manager

Recruitment Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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