The Real Estate Agent Contract With Broker is a fundamental document in the Canadian real estate industry that formalizes the business relationship between licensed real estate professionals and their sponsoring brokerages. This agreement is essential when a licensed real estate agent joins a brokerage firm or renews their existing arrangement. It serves multiple purposes: establishing the framework for commission structures, defining operational responsibilities, ensuring regulatory compliance, and protecting both parties' interests. The document must comply with federal regulations and provincial real estate laws, including specific requirements for different provinces and territories. It's particularly important as real estate agents in Canada must work under the supervision of a registered broker, making this agreement a legal necessity for practicing real estate. The contract typically includes provisions for commission splits, marketing support, technology access, training requirements, and compliance procedures.
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1. Parties: Identification of the Broker (Brokerage) and the Real Estate Agent, including licensing details and contact information
2. Background: Context of the agreement, including the broker's business nature and agent's qualifications
3. Definitions: Key terms used throughout the agreement including Commission, Listing, Transaction, and Territory
4. Appointment and License: Formal appointment of the agent and confirmation of necessary licensing requirements
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Agent Duties and Responsibilities: Comprehensive list of agent's obligations, including compliance with laws and brokerage policies
7. Broker Duties and Responsibilities: Broker's obligations including support, training, and maintenance of required insurance
8. Commission Structure: Detailed breakdown of commission splits, payment terms, and conditions
9. Compliance Requirements: Obligations regarding regulatory compliance, record-keeping, and reporting
10. Confidentiality: Terms regarding confidential information handling and privacy requirements
11. Non-Solicitation: Restrictions on soliciting clients or other agents during and after the agreement
12. Insurance and Liability: Requirements for insurance coverage and allocation of liability
13. Dispute Resolution: Process for resolving disagreements between parties
14. General Provisions: Standard clauses including governing law, amendments, and notices
1. Team Arrangements: Terms for agents working in teams, including leadership roles and commission splitting
2. Marketing Support: Details of marketing services and support provided by the broker
3. Technology Services: Terms regarding use of brokerage technology platforms and tools
4. Additional Services: Terms for specialized services like property management or commercial real estate
5. Training Requirements: Specific ongoing education and training obligations
6. International Transactions: Terms specific to handling international real estate transactions
7. Retirement or Succession: Terms for transitioning the agent's business upon retirement
8. Referral Program: Terms for participation in broker's referral network
1. Schedule A - Commission Structure: Detailed commission splits, bonus structures, and payment schedules
2. Schedule B - Brokerage Policies: Current brokerage policies and procedures that form part of the agreement
3. Schedule C - Technology Systems: List of provided technology tools and associated usage terms
4. Schedule D - Marketing Services: Details of included marketing support and additional marketing services
5. Schedule E - Territory Definition: Specific geographic areas or market segments covered by the agreement
6. Appendix 1 - Required Forms: Standard forms and documents required for transactions
7. Appendix 2 - Compliance Checklist: Regulatory compliance requirements and procedures
8. Appendix 3 - Insurance Requirements: Detailed insurance coverage requirements and specifications
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Commercial Property
Residential Property
Real Estate Investment
Property Development
Real Estate Finance
Professional Services
Relevant Teams
Legal
Compliance
Operations
Administration
Real Estate Sales
Commercial Real Estate
Residential Real Estate
Transaction Processing
Human Resources
Training and Development
Marketing
Finance
Relevant Roles
Real Estate Agent
Real Estate Broker
Managing Broker
Broker of Record
Real Estate Sales Representative
Real Estate Associate
Commercial Real Estate Agent
Residential Real Estate Agent
Real Estate Compliance Officer
Real Estate Office Manager
Transaction Coordinator
Real Estate Administrator
Legal Counsel
Compliance Manager
Operations Director
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