The Independent Contractor Agreement Real Estate Salesperson is essential for establishing clear boundaries between employment and independent contractor relationships in the real estate industry. This document is commonly used throughout the United States when a licensed real estate brokerage engages licensed real estate professionals. It addresses crucial elements including commission structures, responsibilities, compliance requirements, and professional obligations while maintaining adherence to both federal IRS guidelines for independent contractors and state-specific real estate regulations. The agreement protects both parties by clearly defining the scope of the relationship and associated rights and obligations.
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1. Parties: Identification of the contracting parties (brokerage and independent contractor)
2. Background: Context of the agreement and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of services to be provided by the contractor
5. Independent Contractor Status: Clear statement of relationship and distinction from employment
6. Compensation: Commission structure and payment terms
7. Term and Termination: Duration of agreement and termination conditions
8. Compliance with Laws: Obligations to comply with real estate laws, regulations, and professional standards
9. Insurance Requirements: Required insurance coverage including E&O insurance
10. Representations and Warranties: Statements of fact and guarantees by both parties
11. Governing Law: Specification of applicable law and jurisdiction
1. Non-Compete Clause: Restrictions on competitive activities during and after the agreement term
2. Training Requirements: Specific training obligations and professional development requirements
3. Technology Usage: Rules regarding use of brokerage's technology systems and data protection requirements
4. Marketing and Advertising: Guidelines for marketing activities and use of brokerage branding
5. Dispute Resolution: Procedures for resolving disputes including mediation and arbitration provisions
1. Schedule A - Commission Structure: Detailed breakdown of commission rates, splits, and payment terms
2. Schedule B - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts
3. Schedule C - Office Policies and Procedures: Brokerage's standard operating procedures and policies
4. Schedule D - MLS Rules and Regulations: Applicable Multiple Listing Service rules and compliance requirements
5. Schedule E - Required Forms and Documentation: List of standard forms and documentation requirements for transactions
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