[{"data":1,"prerenderedAt":520},["ShallowReactive",2],{"document-real-estate-salesman-independent-contractor-agreement-D1198":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":179,"customdescription":6,"mdFm":180,"mdProseHtml":519},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT This Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [BROKER NAME] (the \"Broker\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Salesman\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS The Parties recite that: Broker is duly registered and licensed with the State of [STATE/PROVINCE] as a real estate broker whose license expires [DATE]. Salesman is duly registered and licensed with the State of [STATE/PROVINCE] as a real estate salesman whose license expires [DATE]. In consideration of the mutual covenants set forth below, the parties agree as follows: STATEMENT OF EMPLOYMENT Effective as of the date of this Agreement, Broker employs Salesman as a real estate salesman. DUTIES OF SALESMAN Salesman will carry on the customary activities of a real estate salesman, including, but not necessarily limited to, the showing of parcels of real estate on which Broker has listings, thesale of such property in accordance with the terms of the listings, the solicitation of new listings, and such other services pertaining to the real estate business as Broker may require of him. Salesman shall devote his entire time and attention to such duties and shall use his best efforts with regard to all of such duties. COMMISSIONS ON SALES Broker shall pay to Salesman a commission equal to [%] percent of the total commission received by Broker, on sales made by Salesman and completed during the effective period of this Agreement. Furthermore, during the effective period of this Agreement, Broker will advance to Salesman against commissions to be earned the sum of [AMOUNT] per month, provided that Salesman may elect to draw commissions as earned. DURATION OF AGREEMENT; TERMINATION The term of this Agreement shall be for [NUMBER] years, commencing on the date of this Agreement. Either party may terminate this Agreement by [NUMBER] days' written notice to the other party. If, on termination of this Agreement, Broker has advanced to Salesman against commissions to be earned a sum of commissions actually earned by Salesman, Salesman will promptly refund the amount of the excess advances. ACCESS TO LISTINGS AND OTHER INFORMATION Broker will give Salesman access to its confidential files pertaining to listings of property, prospects for the sale of such property, and other related matters",null,"Real Estate Salesman Independent Contractor Agreement","3",42,"doc","https://templates.business-in-a-box.com/imgs/1000px/real-estate-salesman-independent-contractor-agreement-D1198.png","https://templates.business-in-a-box.com/imgs/250px/1198.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1198.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Real Estate","/templates/real-estate-business/",{"label":20,"url":21},"Business Checklists","/templates/business-checklists/","real estate salesman independent contractor agreement","Real Estate Salesman Independent Contractor Agreement Template","https://templates.business-in-a-box.com/imgs/400px/1198.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Employment & Contractors","/templates/employment-and-contractors/",[38,42,46,50,54,58,62,66,70,74,77,81,85,105,119,134,151,165],{"label":39,"url":40,"thumb":41,"extension":10},"Independent Contractor Agreement","/template/independent-contractor-agreement-D160","https://templates.business-in-a-box.com/imgs/250px/160.png",{"label":43,"url":44,"thumb":45,"extension":10},"Real Estate Commission Agreement","/template/real-estate-commission-agreement-D13759","https://templates.business-in-a-box.com/imgs/250px/13759.png",{"label":47,"url":48,"thumb":49,"extension":10},"Acknowledgment of Independent Contractor","/template/acknowledgment-of-independent-contractor-D138","https://templates.business-in-a-box.com/imgs/250px/138.png",{"label":51,"url":52,"thumb":53,"extension":10},"Real Estate Operating Agreement","/template/real-estate-operating-agreement-D14043","https://templates.business-in-a-box.com/imgs/250px/14043.png",{"label":55,"url":56,"thumb":57,"extension":10},"Real Estate Purchase Agreement","/template/real-estate-purchase-agreement-D13234","https://templates.business-in-a-box.com/imgs/250px/13234.png",{"label":59,"url":60,"thumb":61,"extension":10},"Assignment of Real Estate Contract and Sale Agreement","/template/assignment-of-real-estate-contract-and-sale-agreement-D1157","https://templates.business-in-a-box.com/imgs/250px/1157.png",{"label":63,"url":64,"thumb":65,"extension":10},"Assignment of Real Estate Contract","/template/assignment-of-real-estate-contract-D1158","https://templates.business-in-a-box.com/imgs/250px/1158.png",{"label":67,"url":68,"thumb":69,"extension":10},"Deed of Sale Real Estate Property","/template/deed-of-sale-real-estate-property-D1172","https://templates.business-in-a-box.com/imgs/250px/1172.png",{"label":71,"url":72,"thumb":73,"extension":10},"Offer to Purchase Real Estate Property","/template/offer-to-purchase-real-estate-property-D1190","https://templates.business-in-a-box.com/imgs/250px/1190.png",{"label":71,"url":75,"thumb":76,"extension":10},"/template/offer-to-purchase-real-estate-property-D1189","https://templates.business-in-a-box.com/imgs/250px/1189.png",{"label":78,"url":79,"thumb":80,"extension":10},"Option to Purchase Real Estate Property","/template/option-to-purchase-real-estate-property-D1194","https://templates.business-in-a-box.com/imgs/250px/1194.png",{"label":82,"url":83,"thumb":84,"extension":10},"Independent Contractor Agreement For Programming Services","/template/independent-contractor-agreement-for-programming-services-D820","https://templates.business-in-a-box.com/imgs/250px/820.png",{"description":86,"descriptionCustom":6,"label":87,"pages":88,"size":89,"extension":10,"preview":90,"thumb":91,"svgFrame":92,"seoMetadata":93,"parents":95,"keywords":94,"url":104},"EMPLOYMENT AGREEMENT - AT WILL EMPLOYEE This Employment Agreement for \"At Will\" Employee (the \"Agreement\") is made and effective this [DATE], BETWEEN: [EMPLOYEE NAME] (the \"Employee\"), an individual with his main address at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Corporation\"), an entity organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS In consideration of the covenants and agreements herein contained and the moneys to be paid hereunder, the Corporation hereby employs the Employee and the Employee hereby agrees to perform services as an employee of the Corporation, on an \"at will\" basis, upon the following terms and conditions: APPOINTMENT The Employee is hereby employed by the Corporation to render such services and to perform such tasks as may be assigned by the Corporation. The Corporation may, in its sole discretion, increase or reduce the duties, or modify the title and job description, of the Employee from time to time, and any such increase, reduction or modification shall not be deemed a termination of this Agreement. ACCEPTANCE OF EMPLOYMENT Employee accepts employment with the Corporation upon the terms set forth above and agrees to devote all Employee's time, energy and ability to the interests of the Corporation, and to perform Employee's duties in an efficient, trustworthy and business-like manner. DEVOTION OF TIME TO EMPLOYMENT The Employee shall devote the Employee's best efforts and substantially all of the Employee's working time to performing the duties on behalf of the Corporation. The Employee shall provide services during the hours that are scheduled by the Corporation management. The Employee shall be prompt in reporting to work at the assigned time. NO CONFLICT OF INTEREST Employee shall not engage in any other business while employed by the Corporation. Employee shall not engage in any activity that conflicts with the Employees duties to the Corporation. Employee shall not provide any service or lend any aid or assistance to any party that competes with the services offered by the Corporation. Employee shall not provide any services to clients or prospective clients of the Corporation outside of the provision of services for the Corporation, whether such services are provided with or without compensation or remuneration. CORPORATION PROPERTY Employee acknowledges and agrees that while employed by the Corporation the Employee may be provided with use of computer equipment and other property of the Corporation. The use and possession of the such items shall be subject to any policies, requirements or restrictions established by the Corporation. Such items may only be used in performance of the Employee's duties for the corporation. On request of the Corporation, the Employee shall immediately deliver any such items to the Corporation. Upon termination of employment, Employee shall have the affirmative duty to return any such item to the Corporation whether a request is made or not. The obligation to return Corporation property shall extend and include any and all work product, client property, proprietary rights, intangible property, and all other property of the corporation regardless of the form or medium. COMPENSATION The Corporation shall pay the Employee such hourly compensation as determined by the Corporation. Payment shall be at the same time as the Corporations usual payroll to other employees. BONUS & BENEFITS Payment of any bonuses shall be at the complete discretion of the Corporation. No guarantee or representation that any bonuses will be paid has been made to the Employee. Standard benefits that are provided to other non-management employees shall be offered to the Employee, subject to the Corporation's policies and the terms and conditions of such benefits. WITHHOLDING All sums payable to Employee under this Agreement will be reduced by all federal, state, local, and other withholdings and similar taxes and payments required by applicable law. QUALIFICATIONS OF EMPLOYEE The employee shall satisfy all of the qualification that are established by the Corporation. TERM OF AGREEMENT There shall be no guaranteed term of employment. Employer acknowledges and agrees that Employee shall be an \"At Will\" Employee and that Employee's employment may be terminated at any time by the Corporation, with or without cause. FEES FROM EMPLOYEE'S WORK The Corporation shall have exclusive authority to determine the fees, or a procedure for establishing the fees, to be charged to clients by the Corporation for services that are provided by the Employee. All sums paid to the Employee or the Corporation in the way of fees, in cash or in kind, or otherwise for services of the Employee, shall, except as otherwise specifically agreed by the Corporation, be and remain the property of the Corporation and shall be included in the Corporation's name in such checking account or accounts as the Corporation may from time to time designate. CLIENTS AND CLIENT RECORDS The Corporation shall have the authority to determine who will be accepted as clients of the Corporation, and the Employee recognizes that such clients accepted are clients of the Corporation and not the Employee. All client records and files of any type concerning clients of the Corporation shall belong to and remain the property of the Corporation, notwithstanding the subsequent termination of the employment. POLICIES AND PROCEDURES The Corporation shall have the authority to establish from time to time the policies and procedures to be followed by the Employee in performing services for the Corporation. This may include, but is not necessarily limited to, employment policies, computer use policies, Internet access policies, email policies, and all other policies, procedures, directives, and mandates established by the Corporation, whether or not in written form or formally adopted. Employee shall abide by the provisions of any contract entered into by the Corporation under which the Employee provides services. Employee shall comply with the terms and conditions of any and all contracts entered by the Corporation. TERMINATION Employee acknowledges and agrees that Employee is an \"at will\" employee of the Corporation. As such, no term of employment is created hereby and employee may be terminated at any time in the sole discretion of the Corporation, whether there exists any cause for termination or not. CREATIONS AND INVENTIONS Employee acknowledges and agrees that any and all work product of the Employee that is conceived or created during the Employee's employment with the Corporation is the exclusive property of the Corporation. This shall include any and all copyrights, trade secrets, confidential information, patents, trademarks, trade dress, ideas, concepts, plans, business plans, business concepts, techniques, inventions, drawings, artwork, logos, graphics, web pages, databases, software, programs, CGI's, plug ins, applications, brochures, inventions, marketing plans and concepts, and all other ideas and work product of the Employee. The Employee acknowledges and agrees that all creations shall be \"works made for hire\" as defined in the [ACT OR CODE]. Notwithstanding the fact that this material may be considered to be a work made for hire, Employee agrees, during Employee's employment and thereafter, which covenant shall survive any termination of the employment relationship, to execute any and all documents requested by the Corporation to confirm the Corporation's ownership and control of all such material, including but not limited to assignments of copyright, confirmations of work for hire status, waivers of proprietary rights, copyright application, and any other documents requested by Corporation. RESTRICTIVE COVENANTS","Employment Agreement_At Will Employee","7",513,"https://templates.business-in-a-box.com/imgs/1000px/employment-agreement_at-will-employee-D541.png","https://templates.business-in-a-box.com/imgs/250px/541.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#541.xml",{"title":94,"description":6},"employment agreement_at will employee",[96,99,102],{"label":97,"url":98},"Human Resources","human-resources",{"label":100,"url":101},"Hire an Employee","hire-employee",{"label":32,"url":103},"business-legal-agreements","/template/employment-agreement_at-will-employee-D541",{"description":106,"descriptionCustom":6,"label":107,"pages":88,"size":89,"extension":10,"preview":108,"thumb":109,"svgFrame":110,"seoMetadata":111,"parents":113,"keywords":112,"url":118},"REFERRAL AGREEMENT This Referral Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], [COUNTRY], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF REFERRER] (the \"Referrer\"), an individual with their main address located at: [YOUR COMPLETE ADDRESS] Collectively, the Company and the Referrer shall be referred to as the \"Parties.\" WHEREAS, the Company is engaged in the business of [SPECIFY THE BUSINESS] (the \"Services\"); and WHEREAS, the Referrer desires to refer potential clients (\"Referrals\") of the Services to the Company in exchange for a commission on any revenue generated by the Company as a result of such Introductions; NOW, THEREFORE, the Parties agree as follows: REFERRALS During the Term, the Referrer will make Introductions (as defined in Exhibit A) of the Company to potential clients for purposes of promoting the Services to such potential clients. The Referrer will use its professional judgment as to the appropriateness of a particular Introduction (recognizing that some Introductions may not be appropriate at a particular time or at any time). The Company will meet or conference and negotiate independently with a potential client after an Introduction with respect to a potential relationship and the terms applicable to such potential relationship. The Referrer may not object to any decisions made by the Company regarding the terms or conditions of a particular relationship entered into after an Introduction. Further, the Company will have sole discretion to enter into or not enter into an arrangement with a potential client. COMMISSION During the Term, the Company will pay the Referrer a commission (the \"Compensation\") on \"Collection Service Revenue\" generated because of Introductions by the Referrer in accordance with Exhibit A. The Compensation shall be considered complete consideration for all Referrals made during the Term. The Referrer shall be responsible for any and all income and other taxes applicable to it in connection with its receipt of Compensation pursuant hereto and as an independent contractor of the Company. The Company will not be responsible for any expenses of the Referrer in the course of the performance of its obligations hereunder unless such expenses have been previously approved in writing by the Company. TERM AND TERMINATION The Term (the \"Initial Term\") of this Agreement shall commence on the Effective Date and shall continue for a period of [NUMBER OF MONTHS] months. Prior to the end of the Initial Term and each \"Renewal Term\" (as hereafter defined), this Agreement will automatically extend for an additional [NUMBER OF MONTHS] month period (each, a \"Renewal Term\") unless either Party sends the other Party a notice of non-renewal at least [NUMBER OF DAYS] days prior to the expiration of the \"Term\" (as hereafter defined). The Initial Term and any Renewal Terms shall be collectively referred to herein as the \"Term.\" This Agreement may be terminated by either party upon [NUMBER OF DAYS] days' prior written notice. The following provisions shall survive the Termination Date: Representations and Warranties, Indemnification, Limitation of Liability, Confidentiality, Non-Competition and Non-Solicitation. INDEPENDENT CONTRACTOR RELATIONSHIP No Employment Relationship. The Company and the Referrer each expressly agree and understand that they are creating an independent contractor relationship, and that the Referrer shall not be considered an employee of the Company for any purpose. The Referrer is not entitled to receive or participate in any medical, retirement, vacation, paid or unpaid leave, or other benefits provided by the Company to its employees. The Referrer is exclusively responsible for all taxes and any other statutory benefits otherwise required to be provided to employees, and all fees and licenses, if any, required for the performance of the Services hereunder. No Exclusivity of Services Other Than to Competitors. This Agreement shall not restrict the Referrer from performing Services for other clients or businesses, provided, however, that during the Term of this Agreement, the Referrer shall not apply, bid, or contract for, or undertake any employment, independent contractor work or consulting work with any competitor of the Company. The determination of which businesses constitute \"competitors\" of the Company shall be solely within the exclusive discretion of the Company. Performance of Services for Competitors. The Referrer will notify the Company immediately if, during the Term, he engages, or proposes to engage, in the performance of Services for any competitor of the Company, or any vendor to or customer of the Company. If the Referrer performs Services, whether as an employee or an independent contractor, for a competitor of the Company during the Term of this Agreement, the Company may terminate this Agreement immediately and without further obligation. Additionally, to avoid the appearance or existence of a conflict of interest, during the Term, the Referrer must fully disclose in advance to the Company the terms of any proposed or actual Services for a vendor or customer of the Company, and the Company shall have the right in its sole discretion to disapprove the transaction on conflict of interest grounds, or alternatively, to terminate this Agreement immediately and without further obligation to the Referrer. REPRESENTATIONS AND WARRANTIES Each of the Referrer and the Company represents and warrants that: it has the right to enter into this Agreement and the right to grant the rights granted herein; it is not a party to any agreement, contract, or understanding that would prevent, limit or hinder its performance of this Agreement; during the Term, it will not enter into any contract, agreement or understanding which is in conflict or which would interfere with the full and complete performance of any of the duties or grants hereunder; and it is not a party to any pending claims or litigation which might affect its performance of this Agreement. The Referrer shall provide the Referrer Services diligently and as per industry standards. The Referrer shall not provide misleading information about the Company or its Services to any third party. The Referrer shall for the Term of the Agreement work exclusively with the Company and not work with any other similar and competing company, whether paid or free, to provide the Services. The Referrer shall conduct itself in a professional manner while performing the Referrer Services for the Company. The Referrer hereby represents and warrants that, as of the date hereof and continuing throughout the Term of this Agreement, they are not and will not be in any way restricted or prohibited, contractually or otherwise, from entering into this Agreement or performing the Referrer Services contemplated hereunder. Except as specifically set forth in this Agreement, to the maximum extent permitted by law, each Party disclaims all warranties and representations, whether express, implied, or statutory, with respect to the marketing services provided to the other Party and other obligations undertaken hereunder, including without limitation, the implied warranties of merchantability, fitness for a particular purpose (even if the Referrer has been informed of such purpose), or warranties arising from a course of dealing, usage or trade practice","Referral Agreement","https://templates.business-in-a-box.com/imgs/1000px/referral-agreement-D13279.png","https://templates.business-in-a-box.com/imgs/250px/13279.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13279.xml",{"title":112,"description":6},"referral agreement",[114,115],{"label":32,"url":103},{"label":116,"url":117},"Partnership Agreements","partnership-agreement","/template/referral-agreement-D13279",{"description":120,"descriptionCustom":6,"label":121,"pages":88,"size":122,"extension":10,"preview":123,"thumb":124,"svgFrame":125,"seoMetadata":126,"parents":127,"keywords":132,"url":133},"PROPERTY MANAGEMENT AGREEMENT This Property Management Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Owner\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [AGENT NAME] (the \"Agent\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS Owner holds title to the following-described real property: [insert legal or other appropriate description], here referred to as the property. Agent is experienced in the business of operating and managing real estate similar to the above-described property. Owner desires to engage the services of agent to manage and operate the property, and agent desires to provide such services on the following terms and conditions. In consideration of the mutual covenants contained herein, the parties agree: EMPLOYMENT OF AGENT Agent shall act as the exclusive agent of owner to manage, operate and maintain the property. BEST EFFORTS OF AGENT On assuming the management and operation of the property, agent shall thoroughly inspect the property and submit a written report to owner. The written report shall contain the opinion of agent concerning the present efficiency under which the property is being managed and operated, and recommended changes, if necessary, in the management structure of the property, in the rehabilitation of the property, and any other matters that will improve the efficient management and operation of the property. After conferring with owner and obtaining approval to make any necessary improvements, agent shall undertake completion of the improvements. LEASING OF PROPERTY Agent shall make reasonable efforts to lease available space of the property, and shall be responsible for all negotiations with prospective tenants. Agent shall also have the right to execute and enter into, on behalf of owner, month-to-month tenancies of units of the property. Agent may negotiate all extensions and renewals of such month-to-month tenancies and leases. Agent shall not, without the prior written consent of owner, enter into any lease for a term less than [NUMBER] months or more than [NUMBER] months. Agent shall have the right to make concessions, including rental concessions, as inducements to prospective tenants to occupy the property. ADVERTISING AND PROMOTION Agent shall advertise vacancies by all reasonable and proper means; provided, agent shall not incur expenses for advertising in excess of [AMOUNT] during any calendar quarter without the prior written consent of owner. MAINTENANCE, REPAIRS AND OPERATIONS Agent shall use its best efforts to insure that the property is maintained in an attractive condition and in a good state of repair. In this regard, agent shall use its best skills and efforts to serve the tenants of the property and shall purchase necessary supplies, make contracts for, or otherwise furnish, electricity, gas, fuel, water, telephone, window cleaning, refuse disposal, pest control, and any other utilities or services required for the operation of the property. Agent shall make or cause to be made and supervise necessary repairs and alterations and shall decorate and furnish the property. Expenditures for repairs, alterations, decorations or furnishings in excess of [AMOUNT] shall not be made without prior written consent of owner, except in the case of emergency, or if agent in good faith determines that such expenditures are necessary to protect the property from damage, to prevent injury to persons or loss of life, or to maintain services to tenants. EMPLOYEES Agent shall employ, discharge and supervise all on-site employees or contractors required for the efficient operation and maintenance of the property. All on-site personnel, except independent contractors and employees of independent contractors, shall be the employees of agent. Agent shall pay the salaries of such on-site employees and, to the extent there are revenues from the property available, pay all charges for services rendered by independent contractors and the employees of independent contractors. All salaries (including all contributions of employer not listed in the paycheck) of such on-site employees shall be charged to owner. To the extent there are insufficient funds available from revenues received from the operation of the property to reimburse agent for such salaries, owner shall directly reimburse agent within [NUMBER] days after demand by agent for reimbursement. Agent shall not be responsible or liable to owner for any act, default or negligence of on-site personnel, or for any error of judgment or mistake of law or fact in connection with their employment, conduct or discharge except that agent shall be responsible for any such act, default or negligence that is due directly or indirectly to its own negligent act or omission in the hiring or supervision of any such on-site personnel. On-site personnel shall include all resident personnel, including, but not limited to, managers and maintenance personnel, all recreational personnel (whether part-time or full-time), day-care center personnel, and all other individuals located, rendering services or performing activities on the property in connection with its operation. GOVERNMENT REGULATIONS Agent shall manage the property in full compliance with all laws and regulations of any federal, state, county or municipal authority having jurisdiction over the property. INSURANCE Agent shall obtain the following insurance at the expense of owner, and such insurance shall be maintained in force during the full term of this agreement: Comprehensive public liability property insurance of [AMOUNT] single limit for bodily injury, death and property damage; Fire and extended coverage hazard insurance in an amount equal to the full replacement cost of the structure and other improvements situated on the property; and A fidelity bond in the amount of [AMOUNT] on each employee who handles cash, and workers' compensation and employer liability insurance to cover the agents and employees of both employer and agent. All of the policies shall name agent and owner as co-insureds as their respective interests may appear. Agent shall deliver certificates evidencing such insurance coverage to owner within [NUMBER] days from the issuance and renewal of the policies. Owner shall cooperate with agent and any insurer in the making and delivery of all reports, notices, and other items required in connection with any of the insurance policies. COLLECTION OF INCOME; INSTITUTION OF LEGAL ACTION Agent shall use its best efforts to collect promptly all rents and other income issuing from the property when such amounts become due. It is understood that agent does not guarantee the collection of rents. Agent shall, in the name of owner, execute and serve such notices and demands on delinquent tenants as agent may deem necessary or proper. Agent, in the name of owners, shall institute, settle or compromise any legal action and make use of such methods of legal process against a delinquent tenant or the property of a delinquent tenant as may be necessary to enforce the collection of rent or other sums due from the tenant, to enforce any covenants or conditions of any lease or month-to-month rental agreement, and to recover possession of any part of the property. No other form of legal action will be instituted and no settlement, compromise, or adjustment of any matters involved therein shall be made without the prior written consent of owner, except when agent determines that immediate action is necessary. BANK ACCOUNTS","Property Management Agreement",73,"https://templates.business-in-a-box.com/imgs/1000px/property-management-agreement-D1196.png","https://templates.business-in-a-box.com/imgs/250px/1196.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#1196.xml",{"title":6,"description":6},[128,130],{"label":17,"url":129},"real-estate-business",{"label":20,"url":131},"business-checklists","property management agreement","/template/property-management-agreement-D1196",{"description":135,"descriptionCustom":6,"label":136,"pages":88,"size":137,"extension":10,"preview":138,"thumb":139,"svgFrame":140,"seoMetadata":141,"parents":142,"keywords":149,"url":150},"ADVERTISING SALES REPRESENTATION AGREEMENT This Agreement for Advertising Sales Representation Agreement (the \"Agreement\") is made and effective the [Date] BETWEEN: [YOUR COMPANY NAME] (the \"Advertising Service Provider\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] ENGAGEMENT OF SERVICES The [COMPANY NAME], (the \"Customer\" hereinafter) will serve as [YOUR COMPANY NAME] (the \"Advertising Service Provider\" hereinafter) representative to sell [SPECIFY] Advertising. \"[SPECIFY] Advertising\" means [DESCRIBE] specific advertisements. The Customer will update Advertising Service Provider on the progress and demand of the advertising marketplace, while Advertising Service Provider will up date the Customer on new opportunities with Advertising Service Provider. COMPENSATION Advertising Service Provider will pay the Customer a commission of [%] of the revenues received by the Customer from [SPECIFY] Advertising sold by the Customer. Advertising Service Provider and the Customer will also meet to discuss the creation of a bonus package designed to provide the Customer with increased incentive to maximize Advertising Service Provider's advertising revenue. INVOICING AND PAYMENT The Customer will be responsible for invoicing and collecting all revenues from [SPECIFY] Advertising sold by the Customer on behalf of Advertising Service Provider. Advertising Service Provider shall have sole discretion to set the prices for all [SPECIFY] Advertising. By the [DATE] day of each month. the Customer will remit to Advertising Service Provider a check for [%] of all revenues received by the Customer for Advertising Service Provider [SPECIFY] Advertising that the Customer sold during the previous month. In the event that the Customer is unable for any reason to collect the [SPECIFY] Advertising revenue within [NUMBER] days after invoice, Advertising Service Provider may collect such [SPECIFY] Advertising revenue directly. If Advertising Service Provider collects such late paying [SPECIFY] Advertising revenues directly, Advertising Service Provider will remit to the Customer a check for [%] of all late paying Advertising Service Provider [SPECIFY] Advertising revenues that Advertising Service Provider collects. IMPLEMENTATION Within [NUMBER] days after each sale, the Customer will fax Advertising Service Provider a copy of the insertion order as well as any pertinent schedule details not listed on the insertion order (i.e., production contact information, [SPECIFY] advertising placement, and production materials such as text, logos, graphics, etc.). The Customer shall provide all pertinent schedule details and production materials in a format specified by Advertising Service Provider. Advertising Service Provider will use commercially reasonable efforts to ensure that the [SPECIFY] Advertising is accessible to end users promptly after receiving complete insertion orders and production materials from the Customer. Advertising Service Provider reserves the right to reject or remove any [SPECIFY] Advertising from Advertising Service Provider Services in its sole discretion at any time. EXPENSES The Customer will be solely responsible for all expenses, including but not limited to telephone, fax, and all travel and entertainment costs. ACCOUNT DIRECTORS Advertising Service Provider and the Customer will appoint account directors. As of the Effective Date, the Advertising Service Provider account director will be [INDIVIDUAL NAME] and the Customer account director will be [INDIVIDUAL NAME]. Either party may change its account director by providing the other written notice. REPORTING By the [DATE] calendar day of each month, Advertising Service Provider will provide the Customer with a tracking report that lists [SPECIFY] during the previous month. Each [SPECIFY DAY OF THE WEEK] afternoon, Advertising Service Provider will endeavor to provide a weekly tracking report to the Customer that lists daily [SPECIFY] (by [SPECIFY]) for each advertising creative that ran in the prior week. Advertising Service Provider will work with the Customer's programmers to export the [SPECIFY] tracking results to the Customer. All information received in connection with such reports shall be deemed to be \"Confidential Information\" in accordance with the terms of Section 10.2 (\"Confidential Information\"). AUDITS With [NUMBER] days notification. Advertising Service Provider shall have the right to inspect and audit the revenue records of the Customer, which inspection and audit shall be conducted during regular business hours at the offices of the Customer in such a manner as not to interfere with the Customer's normal activities. If such audit shows that any of the Customer's reports understated the actual due to Advertising Service Provider by more than [%] percent, then the Customer shall pay to Advertising Service Provider all reasonable costs and expenses which may be incurred by Advertising Service Provider in conducting such audit and collecting such underpayment (including, without limitation, the fees of Advertising Service Provider's independent certified accountants, if any). All information received in connection with such audits, and the results thereof, will be deemed to be \"Confidential Information\" in accordance with the terms of Section 10.2 (\"Confidential Information\"). INDEPENDENT CONTRACTOR RELATIONSHIP The Customer's relationship with Advertising Service Provider is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. The Customer will not be entitled to any of the benefits which Advertising Service Provider may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits. The Customer is not authorized to make any representation, contract or commitment on behalf of Advertising Service Provider unless specifically requested or authorized in writing to do so by a Advertising Service Provider manager. The Customer is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under this Agreement. The Customer is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under this Agreement. No part of the Customer's compensation will be subject to withholding by Advertising Service Provider for the payment of any social security, federal, state or any other employee payroll taxes. Advertising Service Provider will regularly report amounts paid to the Customer by filing Form [SPECIFY NUMBER] with the [YOUR COUNTRY] Internal Revenue Service as required bylaw. INTELLECTUAL PROPERTY RIGHTS Ownership and Assignment Advertising Service Provider shall own all intellectual property rights in and to any art work, documents, inventions or ideas developed by the Customer in connection with the services the Customer is providing specifically for Advertising Service Provider under this Agreement. The Customer hereby assigns and agrees to assign to Advertising Service Provider any right, title or interest worldwide in all intellectual property and any associated intellectual property rights. The Customer agrees to execute upon Advertising Service Provider's request a signed transfer of ownership to Advertising Service Provider for all such documents and works subject to protection","Advertising Sales Representation Agreement",74,"https://templates.business-in-a-box.com/imgs/1000px/advertising-sales-representation-agreement-D5214.png","https://templates.business-in-a-box.com/imgs/250px/5214.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5214.xml",{"title":6,"description":6},[143,146],{"label":144,"url":145},"Sales & Marketing","sales-marketing",{"label":147,"url":148},"Marketing & Sales Contracts","marketing-sales-contracts","advertising sales representation agreement","/template/advertising-sales-representation-agreement-D5214",{"description":152,"descriptionCustom":6,"label":153,"pages":8,"size":89,"extension":10,"preview":154,"thumb":155,"svgFrame":156,"seoMetadata":157,"parents":159,"keywords":158,"url":164},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":158,"description":6},"non disclosure agreement nda",[160,161],{"label":32,"url":103},{"label":162,"url":163},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":166,"descriptionCustom":6,"label":167,"pages":168,"size":169,"extension":10,"preview":170,"thumb":171,"svgFrame":172,"seoMetadata":173,"parents":174,"keywords":177,"url":178},"NON-COMPETE AGREEMENT This Non-Compete Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: FIRST PARTY NAME] (the \"First Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Second Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] FOR GOOD CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned First party agrees not to compete with Second party, or its successors or assigns.","General Non-Compete Agreement","1",30,"https://templates.business-in-a-box.com/imgs/1000px/general-non-compete-agreement-D882.png","https://templates.business-in-a-box.com/imgs/250px/882.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#882.xml",{"title":6,"description":6},[175,176],{"label":32,"url":103},{"label":32,"url":103},"general non compete agreement","/template/general-non-compete-agreement-D882",false,{"seo":181,"reviewer":192,"quick_facts":196,"at_a_glance":199,"personas":203,"variants":228,"glossary":252,"clauses":289,"how_to_fill":340,"common_mistakes":381,"faqs":406,"industries":434,"comparisons":451,"diy_vs_lawyer":464,"jurisdictions":477,"related_template_ids_curated":498,"schema":507,"classification":508},{"meta_title":182,"meta_description":183,"primary_keyword":22,"secondary_keywords":184},"Real Estate Salesman Independent Contractor Agreement | Free Word Download","Free real estate salesman independent contractor agreement template. Covers commission, duties, licensing, termination, and non-solicitation.",[185,186,187,188,189,190,191],"real estate independent contractor agreement template","real estate agent contractor agreement","real estate salesperson contract template","real estate broker independent contractor agreement","realtor independent contractor agreement","real estate commission agreement template","independent contractor agreement real estate word",{"name":193,"credential":194,"reviewed_date":195},"Bruno Goulet","CEO, Business in a Box","2026-05-02",{"difficulty":197,"legal_review_recommended":198,"signature_required":198},"advanced",true,{"what_it_is":200,"when_you_need_it":201,"whats_inside":202},"A Real Estate Salesman Independent Contractor Agreement is a legally binding contract between a licensed real estate broker and a licensed salesperson that establishes the salesperson as an independent contractor rather than an employee. This free Word download covers commission splits, licensing obligations, expense allocation, non-solicitation, and termination — ready to edit online and export as PDF before the salesperson's first transaction.\n","Use it whenever a broker brings on a licensed salesperson, agent, or associate on a commission-only or split-commission basis rather than as a W-2 employee. It is also required when restructuring an existing employment-style relationship to contractor status or when a salesperson moves from one brokerage to another.\n","Parties and license numbers, independent contractor status and tax responsibilities, commission structure and split schedule, duties and compliance obligations, MLS and brokerage resource access, confidentiality, non-solicitation of clients and agents, termination procedures, and governing law.\n",[204,208,212,216,220,224],{"title":205,"use_case":206,"icon_asset_id":207},"Real estate brokers","Onboarding licensed salespersons under a commission-split arrangement","persona-real-estate-broker",{"title":209,"use_case":210,"icon_asset_id":211},"Independent real estate agents","Formalizing contractor status and commission terms before joining a brokerage","persona-real-estate-agent",{"title":213,"use_case":214,"icon_asset_id":215},"Real estate team leaders","Engaging buyer's agents or listing specialists as independent contractors","persona-team-leader",{"title":217,"use_case":218,"icon_asset_id":219},"Property management companies","Contracting licensed salespersons to handle leasing and sales transactions","persona-property-manager",{"title":221,"use_case":222,"icon_asset_id":223},"Boutique real estate firms","Standardizing contractor agreements across a small roster of agents","persona-small-business-owner",{"title":225,"use_case":226,"icon_asset_id":227},"Franchise real estate offices","Supplementing franchisor forms with jurisdiction-specific contractor terms","persona-franchise-applicant",[229,232,236,240,243,246,249],{"situation":230,"recommended_template":7,"slug":231},"Engaging a salesperson on a traditional percentage commission split","real-estate-salesman-independent-contractor-agreement-D1198",{"situation":233,"recommended_template":234,"slug":235},"Engaging a buyer's agent on a flat-fee per-transaction basis","Real Estate Buyer's Agent Agreement","real-estate-operating-agreement-D14043",{"situation":237,"recommended_template":238,"slug":239},"Hiring a licensed salesperson as a salaried W-2 employee","Employment Contract","employment-agreement_at-will-employee-D541",{"situation":241,"recommended_template":107,"slug":242},"Engaging a non-licensed referral partner for lead generation","referral-agreement-D13279",{"situation":244,"recommended_template":39,"slug":245},"Contracting a general independent contractor outside real estate","independent-contractor-agreement-D160",{"situation":247,"recommended_template":248,"slug":235},"Establishing a team-within-brokerage arrangement with profit share","Real Estate Team Agreement",{"situation":250,"recommended_template":121,"slug":251},"Formalizing a property management engagement with a licensed agent","property-management-agreement-D1196",[253,256,259,262,265,268,271,274,277,280,283,286],{"term":254,"definition":255},"Independent Contractor","A self-employed individual who performs services for a principal under a contract but is not treated as an employee for tax, benefits, or labor-law purposes.",{"term":257,"definition":258},"Commission Split","The agreed percentage division of gross commission income between the brokerage and the salesperson — for example, 70% to the agent and 30% to the broker.",{"term":260,"definition":261},"Broker of Record","The licensed real estate broker legally responsible for supervising all transactions, maintaining compliance, and holding the salesperson's license on file.",{"term":263,"definition":264},"Desk Fee","A flat periodic charge a salesperson pays the brokerage for access to office space, technology, and administrative support, independent of any commission earned.",{"term":266,"definition":267},"MLS (Multiple Listing Service)","A regional database of property listings that participating brokers and agents use to share, search, and cooperate on real estate transactions.",{"term":269,"definition":270},"Errors and Omissions Insurance (E&O)","Professional liability insurance covering claims arising from mistakes or negligent acts in real estate transactions — often required of both broker and salesperson.",{"term":272,"definition":273},"Non-Solicitation Clause","A post-termination restriction preventing the departing salesperson from recruiting the brokerage's other agents or contacting its current clients for a defined period.",{"term":275,"definition":276},"IRS Form 1099-NEC","The US tax form a brokerage issues to an independent contractor salesperson reporting total commissions paid when they exceed $600 in a calendar year.",{"term":278,"definition":279},"At-Will Termination","A provision allowing either party to end the contractor relationship at any time without cause, typically with a short notice period.",{"term":281,"definition":282},"Hold Harmless / Indemnification","A clause in which one party agrees to protect the other from legal claims, losses, or liabilities arising from the indemnifying party's own acts or omissions.",{"term":284,"definition":285},"Governing Law","The jurisdiction whose laws control the interpretation and enforcement of the agreement — almost always the state or province where the brokerage is licensed.",{"term":287,"definition":288},"License Affiliation","The formal registration of a salesperson's real estate license under the supervising broker's license number with the applicable state or provincial regulatory body.",[290,295,300,305,310,315,320,325,330,335],{"name":291,"plain_english":292,"sample_language":293,"common_mistake":294},"Parties, license numbers, and effective date","Identifies the broker and salesperson by legal name, brokerage entity, and active license numbers, and states the date the agreement takes effect.","This Agreement is entered into as of [DATE] between [BROKER LEGAL NAME], a [STATE] licensed real estate broker (License No. [BROKER LICENSE NUMBER]) ('Broker'), and [SALESPERSON FULL NAME], a [STATE] licensed real estate salesperson (License No. [SALESPERSON LICENSE NUMBER]) ('Salesperson').","Omitting license numbers. If a license lapses and a dispute arises, the absence of license documentation weakens the broker's supervisory defense and can complicate state commission proceedings.",{"name":296,"plain_english":297,"sample_language":298,"common_mistake":299},"Independent contractor status and tax responsibilities","Explicitly establishes that the salesperson is an independent contractor and not an employee, and confirms that the salesperson is solely responsible for self-employment taxes, estimated payments, and their own benefits.","Salesperson is engaged as an independent contractor and not as an employee of Broker. Salesperson is solely responsible for all federal, state, and local taxes on compensation received hereunder, including self-employment taxes, and shall receive a Form 1099-NEC rather than a W-2.","Treating the salesperson as a contractor on paper while controlling their hours, requiring attendance at mandatory meetings, and supplying all equipment — the IRS and state labor agencies apply a behavioral-control test, not just the contract label.",{"name":301,"plain_english":302,"sample_language":303,"common_mistake":304},"Duties, scope of services, and compliance","Describes the salesperson's authorized activities (listing, buyer representation, leasing, etc.), requires compliance with the broker's policies and applicable real estate law, and reserves to the broker the right to establish reasonable operating policies.","Salesperson shall perform licensed real estate activities on behalf of Broker, including [LISTING / BUYER REPRESENTATION / LEASING], in compliance with all applicable federal and state real estate laws, NAR Code of Ethics, and Broker's Policy Manual as amended from time to time.","Specifying a rigid daily schedule or requiring the salesperson to work set hours. Controlling when and how the salesperson works is a hallmark of employment, not independent contracting.",{"name":306,"plain_english":307,"sample_language":308,"common_mistake":309},"Commission structure and payment terms","Sets out the commission split percentage or schedule, states when earned commissions are paid (typically upon transaction closing), and addresses what happens to pending commissions if the agreement is terminated before closing.","Salesperson shall receive [X]% of gross commissions received by Broker on transactions procured or serviced by Salesperson. Commissions are earned and payable upon the close of escrow. Commissions on transactions under contract at termination shall be paid per Schedule A.","No provision for commissions on deals in progress at termination. Without it, disputes over partially earned commissions are nearly guaranteed when a salesperson leaves mid-transaction.",{"name":311,"plain_english":312,"sample_language":313,"common_mistake":314},"Expenses, desk fees, and brokerage resources","Allocates which party pays for MLS fees, E&O insurance, marketing, office supplies, technology tools, and any desk fee, confirming that salesperson expenses are not reimbursable unless explicitly agreed.","Salesperson shall be responsible for all expenses incurred in connection with Salesperson's business activities, including MLS fees, personal marketing, and automobile expenses. Broker shall provide access to [OFFICE / MLS / TECHNOLOGY PLATFORM] subject to a monthly desk fee of $[AMOUNT].","Reimbursing the salesperson for routine business expenses. Reimbursement of expenses typically supports an employment classification and can trigger payroll tax obligations retroactively.",{"name":316,"plain_english":317,"sample_language":318,"common_mistake":319},"Errors and omissions insurance","Specifies which party carries E&O coverage, the minimum coverage limits required, and confirms that coverage extends to the salesperson's transactions conducted under the broker's supervision.","Broker maintains E&O insurance with a minimum limit of $[AMOUNT] per occurrence. Salesperson shall maintain, at Salesperson's own expense, E&O coverage of not less than $[AMOUNT] per occurrence and shall provide Broker with a current certificate of insurance upon request.","Assuming the broker's E&O policy automatically covers every salesperson's acts. Many brokerage policies have per-agent coverage limits or exclude specific transaction types — salespersons should carry their own separate policy.",{"name":321,"plain_english":322,"sample_language":323,"common_mistake":324},"Confidentiality and client data","Prohibits the salesperson from disclosing or misusing the brokerage's client lists, transaction data, proprietary marketing systems, or trade secrets during and after the engagement.","Salesperson shall not, during or after the term of this Agreement, disclose or use any Confidential Information of Broker, including client lists, transaction records, referral sources, or proprietary systems, without prior written consent of Broker.","No definition of what constitutes confidential information. Without a definition, the clause is difficult to enforce — courts require specificity to distinguish legitimate trade secrets from general industry knowledge.",{"name":326,"plain_english":327,"sample_language":328,"common_mistake":329},"Non-solicitation of clients and agents","Restricts the salesperson from soliciting the brokerage's clients or recruiting its other agents for a defined period after the agreement ends.","For [12] months following termination, Salesperson shall not (a) solicit any client who was introduced to Salesperson through Broker during the term of this Agreement, or (b) recruit or induce any agent of Broker to leave Broker's employ or affiliation.","Using an overly broad geographic scope or duration (e.g., five years, nationwide) for a non-solicitation clause. Courts routinely strike down unreasonable restrictions in their entirety rather than narrowing them.",{"name":331,"plain_english":332,"sample_language":333,"common_mistake":334},"Termination and license transfer procedures","Allows either party to terminate with a defined notice period, states what happens to active listings and pending transactions upon termination, and outlines the process for transferring the salesperson's license to a new broker.","Either party may terminate this Agreement upon [14] days' written notice. Upon termination, Salesperson shall cooperate in transferring active listings per applicable MLS rules, and Broker shall execute the license transfer form with the [STATE] Real Estate Commission within [X] business days.","No transition protocol for active listings. If a salesperson leaves mid-listing, undefined responsibility for the listing creates client complaints, MLS violations, and potential liability for both parties.",{"name":336,"plain_english":337,"sample_language":338,"common_mistake":339},"Governing law, dispute resolution, and integration","Specifies the jurisdiction whose law governs the agreement, sets out how disputes are resolved (arbitration, mediation, or litigation), and confirms the written contract supersedes all prior oral or written understandings.","This Agreement is governed by the laws of the State of [STATE]. Any dispute shall be submitted to binding arbitration administered by [AAA / JAMS] in [CITY], except claims for injunctive relief. This Agreement constitutes the entire agreement and supersedes all prior understandings between the parties.","Choosing a governing law in a state where neither party is licensed or operating. State real estate commissions apply the law of the jurisdiction where the license is held regardless of contract choice-of-law provisions.",[341,346,351,356,361,366,371,376],{"step":342,"title":343,"description":344,"tip":345},1,"Enter party names, license numbers, and effective date","Insert the broker's registered legal entity name and active state license number, the salesperson's legal name and license number, and the date the agreement takes effect. Verify license status on the state real estate commission's online portal before signing.","Cross-check both license expiration dates — an agreement with a party whose license lapses before closing may be unenforceable for those transactions.",{"step":347,"title":348,"description":349,"tip":350},2,"Define the scope of authorized services","List the specific types of transactions the salesperson is authorized to conduct — residential sales, commercial leasing, buyer representation, or all of the above. Reference the broker's policy manual for any activity-specific restrictions.","Restricting scope to specific transaction types limits the broker's supervisory exposure and clarifies the salesperson's authority in disputes with third parties.",{"step":352,"title":353,"description":354,"tip":355},3,"Set the commission split and payment schedule","Enter the split percentage or tiered schedule, confirm that commissions are payable at close of escrow, and complete Schedule A to address commissions on pending transactions if the agreement is terminated early.","A tiered schedule — e.g., 70/30 up to $100K GCI, then 80/20 above — incentivizes top producers without locking the brokerage into an unconditional high split from day one.",{"step":357,"title":358,"description":359,"tip":360},4,"Allocate expenses and set any desk fee","Specify which expenses the salesperson bears (MLS dues, personal marketing, E&O, mileage) and which the brokerage provides (office access, transaction management software). State the desk fee amount and payment frequency if applicable.","Document that the brokerage does not reimburse routine operating expenses. A single reimbursement practice can be used as evidence of employment classification by the IRS.",{"step":362,"title":363,"description":364,"tip":365},5,"Confirm E&O insurance requirements","State whether the brokerage's policy covers the salesperson or requires the salesperson to maintain separate coverage, and specify the minimum per-occurrence limit. Require a certificate of insurance prior to the first transaction.","Some state real estate commissions mandate minimum E&O coverage levels — confirm the floor for your jurisdiction before setting the contractual minimum.",{"step":367,"title":368,"description":369,"tip":370},6,"Calibrate non-solicitation terms to the salesperson's role","Set a post-termination non-solicitation period proportionate to the salesperson's seniority and client access — 6 to 12 months is the typical enforced range. Define 'clients' precisely to mean those introduced through the brokerage, not the salesperson's pre-existing personal network.","Carving out the salesperson's personal sphere-of-influence contacts from the non-solicitation clause reduces litigation risk and encourages honest compliance.",{"step":372,"title":373,"description":374,"tip":375},7,"Write in the termination notice period and transition steps","Set a notice period of 14 to 30 days. Confirm in writing that active listings remain with the brokerage during the notice period, and specify the timeline for license transfer paperwork submission to the state commission.","Attach the state commission's license transfer form as an exhibit so both parties know exactly what paperwork is required — delays in transfer can leave the salesperson unable to transact at their new brokerage.",{"step":377,"title":378,"description":379,"tip":380},8,"Execute before the first transaction","Both parties must sign before the salesperson represents any client or enters into any listing. Post-transaction signatures leave the broker exposed for unsupervised activity and may void independent contractor status for earlier periods.","Use a timestamped eSignature platform and retain the fully executed copy in the brokerage's compliance file alongside a copy of the salesperson's current license.",[382,386,390,394,398,402],{"mistake":383,"why_it_matters":384,"fix":385},"Controlling salesperson hours and activities while calling them a contractor","The IRS and state labor agencies apply a behavioral-control test — mandatory meeting schedules, required floor time, and dictated working methods all point to employment, regardless of contract language. Misclassification triggers back payroll taxes, penalties, and potential benefits liability.","Reserve only the right to establish reasonable compliance policies and ethical standards. Do not dictate when, where, or how the salesperson solicits or works.",{"mistake":387,"why_it_matters":388,"fix":389},"No commission provision for transactions in progress at termination","Without a clear rule, a salesperson who leaves mid-transaction and the brokerage that closes it will dispute who earned the commission — often ending in litigation or arbitration.","Add a Schedule A that specifies how commissions on pending transactions are split based on how far the deal had progressed before termination.",{"mistake":391,"why_it_matters":392,"fix":393},"Reimbursing the salesperson for routine business expenses","Reimbursement of expenses like fuel, phone, or office supplies is a recognized indicator of employment status. Even informal reimbursements can support a reclassification claim.","State explicitly that the salesperson bears all ordinary business expenses and receives no reimbursement. If any brokerage-provided resource has value, document it as a desk-fee offset rather than expense reimbursement.",{"mistake":395,"why_it_matters":396,"fix":397},"Omitting a definition of confidential information","A confidentiality clause without a defined scope is difficult to enforce. Courts require specificity to distinguish protectable trade secrets from general industry knowledge freely available to any licensee.","Define confidential information to include client lists, transaction files, referral source data, proprietary marketing processes, and commission schedules — and exclude information the salesperson can demonstrate they knew before engagement.",{"mistake":399,"why_it_matters":400,"fix":401},"Setting non-solicitation terms that are overbroad in scope or duration","Courts in most jurisdictions strike down non-solicitation clauses that are unlimited in geography or extend beyond 12–18 months, often voiding the clause entirely rather than narrowing it.","Limit non-solicitation to clients the brokerage introduced to the salesperson, restrict it to 6–12 months post-termination, and carve out the salesperson's pre-existing personal contacts.",{"mistake":403,"why_it_matters":404,"fix":405},"No license transfer procedure on termination","Without a defined process, a departing salesperson may be unable to affiliate with a new broker for weeks while administrative steps are sorted out — creating liability for unlicensed activity if they transact in the gap.","Specify the notice period for license transfer, name the applicable state commission form, and commit to a turnaround time for the broker's signature on transfer paperwork.",[407,410,413,416,419,422,425,428,431],{"question":408,"answer":409},"What is a real estate salesman independent contractor agreement?","A real estate salesman independent contractor agreement is a legally binding contract between a licensed real estate broker and a licensed salesperson that governs their working relationship on a contractor rather than employee basis. It defines commission splits, authorized activities, expense responsibilities, E&O insurance requirements, confidentiality obligations, and termination procedures. It protects both parties by documenting the terms of their arrangement before the first transaction is conducted.\n",{"question":411,"answer":412},"Why must a real estate salesperson work under a broker?","In every US state, Canadian province, and most other jurisdictions, real estate law requires a licensed salesperson to be affiliated with and supervised by a licensed broker. The broker is legally responsible for the salesperson's transactions and compliance. A salesperson cannot independently list property, hold earnest money, or collect commissions — those functions must flow through the broker's license. The contractor agreement is the formal mechanism for establishing that supervisory relationship.\n",{"question":414,"answer":415},"What is the difference between an independent contractor and an employee in real estate?","An independent contractor salesperson controls their own schedule, pays their own self-employment taxes, covers their own business expenses, and receives a Form 1099-NEC rather than a W-2. An employee is subject to behavioral control by the employer — set hours, mandatory attendance, reimbursed expenses — and the broker withholds payroll taxes. The IRS applies a multi-factor behavioral control test; the contract label alone does not determine classification. Most real estate salespersons are engaged as independent contractors, which is explicitly recognized by IRC Section 3508.\n",{"question":417,"answer":418},"What commission split is standard in a real estate contractor agreement?","Commission splits vary widely by market, brokerage model, and salesperson production level. Traditional splits range from 50/50 to 70/30 in favor of the agent. High-producing agents at full-service brokerages often negotiate 80/20 or better. 100% commission models charge a flat desk fee per transaction instead of a percentage split. The agreement should specify the split clearly — and include a tiered schedule if production milestones trigger a more favorable split.\n",{"question":420,"answer":421},"Does the independent contractor agreement need to be signed before the first transaction?","Yes. Both parties should execute the agreement before the salesperson represents any client, takes a listing, or conducts any licensed activity under the broker's supervision. Conducting transactions without a signed agreement exposes the broker to liability for unsupervised activity and undermines the contractor classification for that period. Many state real estate commissions also require evidence of a written agreement between broker and affiliated salesperson.\n",{"question":423,"answer":424},"Are non-solicitation clauses in real estate contractor agreements enforceable?","Generally yes, when they are reasonable in scope and duration. Courts in most US states and Canadian provinces enforce non-solicitation of clients and agents for 6 to 12 months post-termination when limited to clients actually introduced through the brokerage. Restrictions extending beyond 18 months, applying to the salesperson's personal sphere of influence, or covering entire geographic markets are frequently struck down. California and a few other states apply stricter standards — local legal review is recommended.\n",{"question":426,"answer":427},"Who is responsible for errors and omissions insurance under a contractor agreement?","Responsibility depends on what the agreement specifies and what state law requires. Many brokerages carry a master E&O policy that covers affiliated salespersons' transactions conducted under the broker's supervision, but per-agent coverage limits often apply. Salespersons are increasingly required or advised to carry their own separate E&O policy. The contractor agreement should state clearly who carries coverage, the minimum limits, and the obligation to provide certificates of insurance on request.\n",{"question":429,"answer":430},"What happens to active listings when a salesperson terminates the agreement?","Active listings belong to the brokerage under MLS rules in most jurisdictions — not to the individual salesperson. Upon termination, the salesperson is typically required to cooperate in transitioning active listings to another affiliated agent. The agreement should specify the transition procedure, address pending commission splits, and confirm the broker's obligation to submit license transfer paperwork to the state commission within a defined number of business days.\n",{"question":432,"answer":433},"Is this agreement sufficient for all US states, or does it need to be customized?","Real estate is regulated at the state level, and requirements vary meaningfully across jurisdictions. Some states require specific language in broker-salesperson agreements, mandate particular dispute resolution mechanisms, or impose restrictions on non-compete and non-solicitation terms. This template provides a solid structural foundation, but legal review by a real estate attorney licensed in your state is strongly recommended before first use, particularly for non-solicitation clauses and commission-dispute provisions.\n",[435,439,443,447],{"industry":436,"icon_asset_id":437,"specifics":438},"Residential Real Estate","industry-real-estate","Commission splits on MLS-listed residential transactions, buyer-agency agreements referenced by contract, and non-solicitation covering the brokerage's existing buyer and seller client roster.",{"industry":440,"icon_asset_id":441,"specifics":442},"Commercial Real Estate","industry-commercial-real-estate","Larger transaction sizes with co-brokerage splits, longer deal timelines that increase pending-commission-at-termination risk, and referral fee arrangements with third-party brokers.",{"industry":444,"icon_asset_id":445,"specifics":446},"Property Management","industry-property-management","Leasing commission schedules tied to lease term length, ongoing management fee splits, and confidentiality clauses covering landlord and tenant data.",{"industry":448,"icon_asset_id":449,"specifics":450},"Franchise Real Estate Offices","industry-franchise","Franchisor-mandated policy manual compliance referenced in the contractor agreement, brand standards as a condition of continued affiliation, and royalty fee pass-through disclosures.",[452,455,457,461],{"vs":453,"vs_template_id":245,"summary":454},"Independent Contractor Agreement (General)","A general independent contractor agreement covers any self-employed service provider but lacks real-estate-specific terms — license numbers, MLS access, commission splits, E&O insurance requirements, and state real estate commission license transfer procedures. A real estate salesman agreement is purpose-built for the brokerage-agent relationship and satisfies the written agreement requirements many state real estate commissions impose.",{"vs":238,"vs_template_id":239,"summary":456},"An employment contract classifies the salesperson as a W-2 employee, requiring the broker to withhold payroll taxes, potentially provide benefits, and comply with wage-and-hour laws. An independent contractor agreement shifts tax obligations and expense responsibility to the salesperson. The choice has significant legal and financial implications — misclassifying an employee as a contractor triggers back taxes and penalties.",{"vs":458,"vs_template_id":459,"summary":460},"Real Estate Buyer Representation Agreement","buyer-representation-agreement-D1195","A buyer representation agreement is a client-facing contract between the salesperson (on behalf of the brokerage) and a buyer, establishing agency duties and commission entitlement for buyer-side transactions. The independent contractor agreement is an internal document governing the broker-salesperson relationship. Both are needed — one governs the business relationship between broker and agent; the other governs the agency relationship with the client.",{"vs":107,"vs_template_id":462,"summary":463},"referral-agreement-D13281","A referral agreement compensates a licensed or unlicensed party for directing a client to the brokerage, typically as a flat fee or percentage of the commission. It creates no ongoing supervisory relationship and no duty of agency. An independent contractor agreement establishes a continuous affiliation with full agency duties, licensing obligations, and ongoing commission participation — far more comprehensive than a single-referral arrangement.",{"use_template":465,"template_plus_review":469,"custom_drafted":473},{"best_for":466,"cost":467,"time":468},"Brokers onboarding salespersons in straightforward domestic arrangements with standard commission splits and no unusual restrictions","Free","20–30 minutes",{"best_for":470,"cost":471,"time":472},"Brokers in states with complex non-solicitation rules, high-volume teams, or salespersons negotiating unusual commission or expense terms","$300–$700","2–5 days",{"best_for":474,"cost":475,"time":476},"Large brokerages, multi-state operations, commercial real estate firms with complex co-brokerage arrangements, or franchise offices with franchisor compliance requirements","$1,000–$3,500+","1–3 weeks",[478,483,488,493],{"code":479,"name":480,"flag_asset_id":481,"note":482},"us","United States","flag-us","IRC Section 3508 provides a federal safe harbor for real estate agents as independent contractors if: (1) substantially all pay is commission-based, (2) services are performed under a written contract stating the agent is not an employee for federal tax purposes, and (3) the agent holds a current real estate license. State law governs license affiliation requirements, non-solicitation enforceability, and mandatory written agreement terms — all of which vary materially by state. California applies AB 5 scrutiny to contractor classifications generally, though licensed real estate salespersons retain a specific statutory exemption.",{"code":484,"name":485,"flag_asset_id":486,"note":487},"ca","Canada","flag-ca","Real estate is regulated provincially in Canada. Ontario's Trust in Real Estate Services Act (TRESA) and similar provincial statutes require written agreements between brokers and salespersons. Quebec mandates French-language contracts for provincially-regulated businesses. Non-solicitation clauses are enforceable when reasonable in scope and duration, but provincial courts apply varying standards. GST/HST obligations on commission income apply to salespersons whose annual commissions exceed the provincial registration threshold.",{"code":489,"name":490,"flag_asset_id":491,"note":492},"uk","United Kingdom","flag-uk","The UK does not require real estate agents to hold a government-issued license in the same way as US or Canadian jurisdictions, though membership in NAEA Propertymark or RICS is standard for professional credibility. IR35 rules may apply if a salesperson operates through a personal service company rather than as a sole trader. The Estate Agents Act 1979 and Consumer Protection from Unfair Trading Regulations 2008 impose conduct obligations that should be incorporated by reference in the contractor agreement.",{"code":494,"name":495,"flag_asset_id":496,"note":497},"eu","European Union","flag-eu","Real estate agent licensing requirements vary significantly across EU member states — Germany, France, Spain, and Italy all impose formal licensing or registration requirements. The EU Transparent and Predictable Working Conditions Directive may require written contract particulars within seven days of engagement. GDPR applies to client data handled by the salesperson during the engagement — a data processing addendum or explicit GDPR clause is recommended. Non-solicitation enforceability and duration limits differ by member state.",[245,239,242,251,499,500,501,502,503,504,505,506],"advertising-sales-representation-agreement-D5214","non-disclosure-agreement-nda-D12692","general-non-compete-agreement-D882","commission-sales-agreement-D532","job-offer-letter-long-D12769","mutual-termination-of-contract-D513","real-estate-purchase-agreement-D13234","service-agreement-D12711",{"emit_how_to":198,"emit_defined_term":198},{"primary_folder":103,"secondary_folder":509,"document_type":510,"industry":511,"business_stage":512,"tags":513,"confidence":518},"employment-and-contractors","agreement","real-estate","all-stages",[511,514,515,516,517],"commission","independent-contractor","contractor-agreement","licensing",0.95,"\u003Ch2>What is a Real Estate Salesman Independent Contractor Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Real Estate Salesman Independent Contractor Agreement\u003C/strong> is a legally binding contract between a licensed real estate broker and a licensed salesperson that formally establishes the salesperson as an independent contractor affiliated with the brokerage rather than as a W-2 employee. It defines every material term of the working relationship: commission splits, authorized transaction types, expense allocation, errors and omissions insurance requirements, client data confidentiality, non-solicitation restrictions, and the procedures for terminating the affiliation and transferring the salesperson's license. The agreement also serves as the written contract required by the IRS Section 3508 safe harbor, which permits real estate salespersons to be classified as independent contractors for federal tax purposes provided their compensation is substantially commission-based and the written contract explicitly states they are not employees.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed independent contractor agreement in place before the first transaction, a broker operates in a classification gray zone — one that the IRS, state labor agencies, and state real estate commissions will resolve against the broker if a dispute arises. A salesperson who later claims employee status can trigger back payroll taxes, penalties, and retroactive benefits liability. An undocumented commission arrangement leaves no enforceable basis for resolving disputes over pending deals when a salesperson departs mid-transaction. Confidentiality obligations and non-solicitation restrictions are unenforceable unless they exist in a signed writing. And many state real estate commissions require brokers to maintain written agreements with all affiliated salespersons as a condition of license compliance. This template eliminates every one of those gaps in a single document you can execute before the salesperson takes their first listing or represents their first buyer.\u003C/p>\n",1779808890107]