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Independent Contractor Agreement between Broker and Associate.
REALTY REFERRAL CONNECTION INC. (“Broker”) is licensed as a real estate broker in the State of Florida and performs acts designated within Chapter 475, Florida Statutes, enjoys goodwill and a reputation for dealing with the public, and maintains an office for the purpose of serving the public as a real estate broker. , is licensed as a (“Real Estate Agent”) in the State of Florida and has been issued license number: and is properly qualified to deal with the public as such. Broker and Agent agree to associate pursuant to the following terms and conditions.
(1) Employment Status: Broker retains Agent as an independent contractor to assist Broker in the performance of real estate-related activities. With respect to the clients and customers for whom service is performed within the scope of this Agreement, Agent will be construed to be an Agent of Broker; otherwise, Agent will not be deemed a servant, employee, joint venture, or partner of Broker for any purpose. Agent will not be treated as an employee for federal tax purposes with respect to the services performed for Broker under this Agreement. Agent is responsible for paying her/his own estimated income tax payments, self-employment taxes, occupational taxes, and other taxes, if any, to the appropriate governmental entities. Broker will not withhold any taxes from compensation due to Agent, nor will Broker provide worker’s compensation insurance for Agent.
(2) Agent Responsibilities: Agent will use her/his best efforts to procure real estate-related business for Broker and will conduct her/his business in a reputable manner and in conformance with all laws, rules, regulations, and codes of ethics that are binding upon or applicable to real estate licensees, and with Broker’s office policy manual, if any. (a) Compliance: Agent recognizes and acknowledges the obligation to keep abreast of all legal and other issues that affect the real estate industry as they may change from time to time. Agent will not commit any act that violates Florida real estate license law.
(3) Fair Housing: Broker and Broker’s company support and practice Fair Housing principles. Agent has been advised that failure to comply with Fair Housing principles will result in appropriate disciplinary action and possible termination of this Agreement. Agent warrants and represents that it is Agent’s intent to attend Fair Housing instructional programs, keep current on developments in Fair Housing as it affects real estate marketing and sales, and comply with the Fair Housing laws and regulations. Agent understands this acknowledgment, warranty, and representation and agrees to it voluntarily.
(4) Office Policy Manual: Broker maintains an office policy manual. Agent has received a copy and agrees to comply with the manual and such modifications, addenda, and changes as may be incorporated therein from time to time.
(5) License Renewal; Continuing Education; Dues: Agent will be responsible for timely renewing Agent’s real estate license and for completing all legally required continuing education in a timely manner and maintaining the records that evidence such completion as required by the Florida Real Estate Commission. Agent will be responsible for paying all license fees, membership dues, and fines.
(6) Broker Supervision: Agent will be deemed to be working under Broker’s supervision only to the extent required by Chapter 475, Florida Statutes. Agent will perform all activities, including those activities Broker requires Agent to perform, independently without Broker’s supervision or control.
(7) Broker Property: Agent acknowledges that all pending sales and listings taken during the term of this Agreement are Broker’s property. All programs, forms, data, keys, manuals, signs, and other paraphernalia relative to the business of Broker are Broker’s property, as are all documents and other items pertaining to transactions.
(8) Property of Others: In accordance with Florida law, Agent will deliver to Broker, by the end of the next business day following receipt, any funds or other items that a consumer has entrusted to Agent in connection with a real estate transaction.
(9) Responsibility: Broker will not be liable to Agent for any expenses incurred by Agent nor for any of Agent’s acts. Agent will have no authority to bind Broker by any promise or representation, oral or otherwise, unless specifically authorized in writing in a particular transaction. Suits, whether for fees or otherwise, against clients, customers, and others in the real estate business will be maintained only in Broker’s name. Agent is responsible for providing all tools necessary to perform the duties outlined. Agent and Broker acknowledge receipt of a copy of this agreement.
(10) Auto Insurance: The agent is responsible for providing their own automobile and is responsible for transportation expenses, including insurance. Broker will be named as an additional insured in all such policies.
(11) Indemnification: Agent will indemnify and hold Broker, its officers, directors, and employees harmless from all claims, demands, suits, costs, and expenses, including reasonable attorneys’ fees at all levels, of whatever nature and description to the extent based on Agent’s representations, acts, omissions, negligence, willful misconduct, or violation of laws, rules, regulations, codes of ethics, this Agreement, or office policy manual.
(12) Broker Responsibilities: (a) Broker will provide Agent with the necessary means to submit REFERRALS for placement with a Realtor in the areas of interest to the referrals. (b) Broker will keep the Agent informed of any commission resulting from the referral.
(13) Compensation: Broker will negotiate all terms and conditions of fees charged clients, including but not limited to the amount and payment date. Broker will compensate Agent in proportion to Agent's output with regards to real estate-related referrals and not to hours worked by Agent. Such compensation will be solely through commissions as described below or in Broker’s office policy manual, if any. In the event of conflict between Broker’s office policy manual and this Agreement, the terms of the office policy manual will prevail. Broker may deduct from Associate’s compensation any amounts due from Agent to Broker.
(14) Payment: When Agent performs any brokerage service for Broker and Broker earns and collects a fee for such service, Broker will pay Agent within 7 days after the funds are collected and have closed. The Agent's commission rates are as follows:
REFERRALS:
100% of all referral fees paid to the Brokerage less a $250.00 admin fee.
NEW BUILDER HOME SALES:
In the event that the Agent purchases a New Builder Home for themselves, or assist another person to purchase a New Builder Home within the State of Florida, the Agent will be paid 90% of the total commission received by the Brokerage from the Builder. The Agent must be listed as the Buyer's Agent on the Builder's purchase contract and Realty Referral Connection Inc. must be listed as the Agent's Brokerage.
(15) Salary: The Agent will be provided no minimum salary, vacation pay, sick leave, or any other fringe benefit.
(16) Collection of Fees: Broker will not be required to prosecute or sue any party in order to collect any fee for services performed by Agent. However, if Broker incurs attorney’s fees and costs in the collection of or attempt to collect a fee, such amounts will be deducted from Agent’s commission.
(17) Compensation after Termination of Agreement: After termination of this Agreement, Broker will pay Agent any amount earned before termination less amounts owed to Broker and amounts Broker must pay another licensee to complete pending transactions for which Agent was responsible before termination.
(18) Errors and Omissions Insurance: Broker currently does not maintain E&O insurance since we are a referral company. However at a future date we may acquire and maintains Errors and Omissions insurance which coverage includes Agent. Agent will pay the Broker any deductible amounts and any excessive amounts over coverage amount.
(19) Property Management: All Property Management in the local Brokerage area will be referred to Northeast Florida Realty Inc. which has a brokerage relationship with Realty Referral Connection Inc. Northeast Florida Realty Inc. agrees to pay a referral commission of 10% of the first months rent for the referral. The Agent will be paid the full 10% of the first months rental amount. Realty Referral Connection Inc. may received an additional compensation from Northeast Florida Realty Inc. of which the Agent would not receive a portion of.
(20) Agreement Term: This Agreement will be in effect until either party terminates the Agreement. The Agreement may be terminated by (ONE DAYS') advance written notice to the other party. Broker may terminate this Agreement without notice for wrongful conduct by Agent. Failure by either party to maintain active licensure status pursuant to Chapter 475, Florida Statutes, will be deemed automatic termination. Agent will not, after termination of this Agreement, use to her/his own advantage, or to the advantage of any other person or entity, any information gained from the business of the Broker relating to property for sale, lease, or rental, or Broker’s customers or clients. Upon termination of this Agreement, Agent will return all Broker’s property to Broker with no copies made or retained by Agent.
(21) Confidentiality: Agent acknowledges that Broker may disclose confidential information to Agent during the course of this Agreement. Any such information that is or should be reasonably understood to be confidential or proprietary to Broker, including mailing lists, customer and client lists, sales, costs, unpublished financial information, product and business plans, projections, marketing data, computer data, computer programs and supporting documentation, and Broker’s office policy manual, if any, are considered confidential property of Broker. Agent will take reasonable steps and use due care during the term of this Agreement and after its termination to prevent the duplication or disclosure of confidential information, other than by or to Broker’s employees or agents who must have access to the information to perform their duties for Broker.
(22) Dispute Resolution: This Agreement will be construed under Florida law. All disputes between Agent and another agent in Broker’s firm will be resolved by Broker. All disputes between Broker and Agent will be mediated under the rules of the American Arbitration Association or other mediator agreed upon by the parties. The parties will equally divide the mediation fee, if any. In any litigation between Broker and Agent, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs at all levels. Any dispute not resolved by mediation will be settled by neutral binding arbitration in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs, and expenses, including attorneys’ fees at all levels, and will equally split the arbitrators’ fees and administrative fees of arbitration.
(23) Additional Terms: Agent is responsible for all costs of doing business. Agent will abide by all company policy and receive approval on any and all marketing material including Social Media. All paperwork on Listings and sales will be turned into the office within 24 hours. No commission will be paid to Agent until all paperwork is complete and turned into Realty Referral Connection Inc. Agent will provide Cell phone number, email, business photo and Bio for Company websites. Agent must provide copy of RE License, completion of education classes and all renewals to Office.
I , have read and agree to this Independent Contractor's Agreement.