Real Estate 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 "Brokerage"), a licensed real estate brokerage firm located at ________________________________________________, and

CONTRACTOR: ________________________________________________ (the "Contractor"), a licensed real estate [ ] Salesperson / [ ] Associate Broker holding license number __________________, residing at ________________________________________________.

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1. INDEPENDENT CONTRACTOR STATUS

The Contractor is an independent contractor and not an employee of the Brokerage for any purpose, including, but not limited to, the application of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, and income tax withholding at the source. The Contractor shall be responsible for all federal, state, and local taxes, and the Brokerage shall not provide any employee benefits, including, but not limited to, health insurance, paid vacation, or retirement plans.

2. LICENSURE AND COMPLIANCE

The Contractor represents that they hold a valid and active real estate license in the state of __________________. The Contractor agrees to maintain said license in good standing throughout the term of this Agreement and to comply with all applicable state real estate laws, rules, and regulations, as well as the Code of Ethics of the National Association of Realtors (if applicable).

3. SERVICES AND DUTIES

The Contractor agrees to perform real estate activities, including, but not limited to, listing, selling, leasing, and exchanging real estate, in accordance with the policies and procedures established by the Brokerage. The Contractor shall:

• Devote such time, energy, and skill as may be necessary to perform duties.
• Conduct all business in a professional, ethical, and legal manner.
• Ensure all marketing materials and contracts comply with brokerage branding and state disclosure requirements.

4. COMPENSATION

The Brokerage shall pay the Contractor a commission for services rendered at the following rate(s):

• __________% of the gross commission received by the Brokerage from transactions closed by the Contractor.
• Other compensation terms: ________________________________________________.

Commission payments shall be made within ______ business days after the Brokerage receives cleared funds from the closing escrow/title company.

5. EXPENSES

The Contractor shall be solely responsible for all expenses incurred in the performance of their duties, including, but not limited to, automobile expenses, cell phone usage, professional association dues, Multiple Listing Service (MLS) fees, marketing costs, and continuing education requirements.

6. INDEMNIFICATION

The Contractor agrees to indemnify, defend, and hold harmless the Brokerage from any and all claims, demands, liabilities, damages, and expenses (including reasonable attorney’s fees) arising out of or related to the Contractor’s performance, acts, or omissions under this Agreement.

7. TERM AND TERMINATION

This Agreement shall commence on the Effective Date and shall continue until terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by providing ______ days' written notice to the other party. Upon termination, commissions on transactions already in escrow shall be paid according to the terms herein once the transaction successfully closes.

8. CONFIDENTIALITY

The Contractor acknowledges that they may have access to proprietary information, client lists, and trade secrets of the Brokerage. The Contractor agrees not to disclose or use any such confidential information for any purpose other than the performance of their duties under this Agreement during or after the term hereof.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of __________________. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts located in __________________ County.

10. ENTIRE AGREEMENT

This document constitutes the entire agreement between the parties and supersedes any prior understandings or written or oral agreements. Any amendments to this Agreement must be made in writing and signed by both parties.

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

BROKERAGE

Signature: _________________________________ Name: _____________________________________ Title: ______________________________________

CONTRACTOR

Signature: _________________________________ Name: _____________________________________ License Number: ___________________________