The Real Estate Independent Contractor Agreement serves as the foundational document governing the business relationship between real estate brokerages and their agents in the United States. This agreement is essential for clearly establishing the agent's status as an independent contractor rather than an employee, which has significant tax and liability implications. It covers crucial aspects such as commission structures, duties, compliance requirements, and operational procedures while adhering to state-specific real estate laws and IRS guidelines. The agreement is particularly important for maintaining regulatory compliance and protecting both parties' interests in the real estate industry.
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1. Parties: Identifies the brokerage firm and the independent contractor
2. Background: States the purpose of the agreement and basic context
3. Definitions: Defines key terms used throughout the agreement
4. Independent Contractor Status: Explicitly defines the relationship as independent contractor, not employee
5. Duties and Responsibilities: Outlines the contractor's obligations and scope of services
6. Compensation: Details commission structure and payment terms
7. Term and Termination: Specifies duration and conditions for ending the agreement
8. Compliance with Laws: Requirements to comply with real estate laws and regulations
1. Non-Compete Clause: Restrictions on competing activities - use when protecting brokerage firm's interests in competitive markets
2. Training Requirements: Specific training obligations - use when brokerage provides specialized training
3. Marketing and Advertising: Rules for promotional activities - use when controlling brand consistency is important
4. Equipment and Resources: Provisions for tools and workspace - use when brokerage provides specific resources
1. Commission Schedule: Detailed breakdown of commission structures and splits
2. Office Policies: Brokerage's standard operating procedures
3. Required Forms: Standard real estate forms used in transactions
4. Technology Agreement: Terms for using brokerage's technology systems
5. Insurance Requirements: Detailed insurance coverage requirements
Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
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