Real Estate Agent Independent Contractor Agreement Template

REAL ESTATE INDEPENDENT CONTRACTOR AGREEMENT

This Independent Contractor Agreement (the "Agreement") is entered into as of this ______ day of __________________, 20____ (the "Effective Date"), by and between:

Brokerage: ________________________________________________ (the "Broker"), with its principal place of business located at ________________________________________________ (the "Office"), and

Agent: ________________________________________________ (the "Licensee"), a real estate licensee currently holding license number __________________ issued by the State of __________________.

1. INDEPENDENT CONTRACTOR STATUS

The parties agree that the Licensee is an independent contractor and not an employee of the Broker for any purpose, including but not limited to federal or state tax purposes, worker’s compensation, or unemployment insurance. Licensee shall be responsible for all federal, state, and local taxes, including self-employment taxes, arising from compensation paid under this Agreement.

2. LICENSURE AND COMPLIANCE

Licensee warrants that they hold a valid and active real estate license in the state where the Broker operates. Licensee agrees to maintain said license in good standing, comply with all applicable real estate laws, rules, and regulations, and adhere to the National Association of Realtors® Code of Ethics (if applicable).

3. DUTIES AND RESPONSIBILITIES

• A. Services: Licensee shall perform real estate brokerage services, including but not limited to listing, selling, leasing, and exchanging real estate, in accordance with the policies and procedures established by the Broker.
• B. Brokerage Policy: Licensee agrees to abide by the Broker’s Office Policy Manual, which is incorporated herein by reference.
• C. Client Funds: All funds received from clients, including earnest money, must be deposited into the Broker’s designated trust or escrow account in strict accordance with state law.

4. COMPENSATION

Compensation to be paid to the Licensee shall be determined by the commission structure as follows:

• Commission Split: Broker shall pay Licensee ______% of the gross commission earned on transactions closed by the Licensee.
• Payment Schedule: Commission payments shall be made within ______ business days after the Broker’s receipt of funds from the closing agent, provided all required documentation is submitted and complete.
• Expenses: Licensee shall be responsible for all expenses incurred in the performance of their duties, including, but not limited to, automobile expenses, marketing materials, MLS fees, and mobile communication costs.

5. TERM AND TERMINATION

This Agreement shall commence on the Effective Date and remain in effect until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, upon ______ days' written notice. Upon termination, any commissions due for transactions in escrow shall be paid out according to the terms set forth in Section 4, subject to any outstanding debts owed by Licensee to Broker.

6. INDEMNIFICATION

Licensee agrees to indemnify, defend, and hold harmless the Broker from any and all claims, damages, liabilities, or expenses (including reasonable attorney’s fees) arising out of or related to the Licensee’s negligent acts, omissions, or willful misconduct in the performance of this Agreement.

7. PROPRIETARY INFORMATION

Licensee acknowledges that all client lists, lead databases, and proprietary systems developed by the Broker remain the sole property of the Broker. Upon termination of this Agreement, Licensee shall not remove or duplicate such proprietary records without the express written consent of the Broker.

8. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of __________________. Any disputes arising from this Agreement shall be resolved in the courts of __________________ County.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, agreements, or understandings of any kind. No modification of this Agreement shall be binding unless in writing and signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

BROKER:

Signature: __________________________________ Name: ______________________________________ Title: _______________________________________

LICENSEE:

Signature: __________________________________ Name: ______________________________________ License No: ________________________________