Realtor Express USA (“Broker”) is licensed as a real estate brokerage firm authorized to operate a business 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. (“Associate”) is duly licensed as a sales associate in the State of Florida and is properly qualified to establish an independent contractor relationship rather than an employer-employee relationship. Effective as the date of this Agreement (“effective date”), Broker and Associate agree to pursuant to the following terms and conditions.
1. Employment Status. Broker retains Associate 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, Associate will be construed to be an agent of Broker; otherwise, Associate will not be deemed a servant, employee, joint venture or partner of Broker for any purpose. Associate will not be treated as an employee for Federal tax purposes with respect to the services performed for Broker under this Agreement. Associate is responsible for paying his/her own income tax payments, self-employment taxes– social security, workers compensation, disability, unemployment and occupational taxes and other taxes, if any, to the appropriate governmental entities. Broker will not withhold any taxes from compensation due to Associate, nor will Broker provide worker’s compensation insurance for Associate.
2. Associate Responsibilities. Associate will use his/ her best efforts to procure real estate-related business for Broker and will conduct his/her business in a reputable manner and in conformance with all stated federal 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. Associate will be responsible for all of their expenses but not limited to :100% management of all transactions, MLS and Board membership dues, Broker approved business cards, property signage, marketing materials/escrow service fees.
A. Compliance. Associate 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. Associate will not commit any act that violates Federal or Florida real estate license law.
(1) Fair Housing. Broker and Broker’s company support and practice Fair Housing principles. Associate has been advised that failure to comply with Fair Housing principles will result in appropriate disciplinary action and possible termination of this Agreement. Associate warrants and represents that it is Associate’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. Associate understands this acknowledgment, warranty and at their own expense.
(2) Office Policy Manual. Broker maintains an office Policy Manual. Associate 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 in the sole discretion of Broker.
B. License Renewal; Continuing Education; Dues. Associate will be responsible for timely renewing Associate’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. Associate will be responsible for paying all license fees, membership dues and fines.
C. Broker Supervision. Associate will be deemed to be working under Broker’s supervision only to the extent required by Chapter 475, Florida Statutes. Associate will perform all activities, including those activities Broker requires Associate to perform, independently without Broker’s supervision or control.
D. Associate’s Property. Associate 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, custom client lists, leads, documents, software, websites, marketing materials and other paraphernalia relative to the business of Broker are Broker’s property, as are all documents and other items pertaining to transactions.
A. Access to Listings. Broker will provide Associate with access to all current listings of Broker and listings made available to Broker through offers of cooperation, except those listings that Broker, in his/her/its sole and absolute discretion places exclusively in the possession of another sales associate.
B. Access to Facilities. Associate may utilize Broker’s then existing office facilities by appointment for clients for the performance of Associate’s duties as described above.
C. Compensation. Broker negotiates all terms and conditions of fees charged clients including but not limited to, the amount and payment date. Broker compensates Associate in proportion to Associate’s output with regard to real estate-related activities and for hours worked by Associate. Such compensation will be solely through commissions as described below or in Broker’s office policy manual. 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 Associate to Broker. Associate’s to receive 100% of agreed commission provided Agent’s Membership Plan is is paid in full. In the event of a conflict between this Policy Manual and this Agreement, the terms of this Policy Manual shall prevail.
(1) Amount; Payment. When Associate performs any brokerage service for Broker and Broker earns and collects a fee for such service, Broker will pay Associate within 1 business day after the funds are collected and have cleared. 100% of the fee as commission as buyer’s agent; 100% of the fee as commission as seller’s agent; 100% of the fee as commission as lessor’s agent and/or lessee’s agent
(2) Dividing Compensation With Other Licensees. If two or more associates participate in rendering a brokerage service to the public, or claim to have done so, Broker will determine, in Broker’s sole and absolute discretion, the amount of the fee due Associate.
4. Workers Compensation and Errors and Omission Insurance.
No Workers Compensation insurance is provided by the Company for Associates or personal assistants hired by agents.
Agents who hire assistants shall be responsible for providing Workers Compensation insurance for themselves and for those assistants where required. Agents should discuss this situation with a Workers Compensation insurance representative, and/or check out the State of Florida’s Division of Workers Compensation website at www.myfloridacfo.com/WC. Broker to provide Errors and Omission Insurance for Associate.
5. Termination. This Agreement will be in effect for one year from the effective date. Either party may terminate this Agreement by 30 days advance written notice to the other party. Broker may terminate this Agreement without notice for wrongful conduct by Associate. Failure by either party to maintain active licensure status pursuant to Chapter 475, Florida Statutes, will be deemed an automatic termination. Associate will not, after termination of this Agreement, use to his/her 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, Associate will return all Broker’s property to Broker with no copies made or retained by Associate.
6. Confidentiality. Associate acknowledges that Broker may disclose confidential information to Associate 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. Associate will take reasonable steps and use due care during the term of this Agreement and for 12 months after its termination to prevent the duplication or disclosure of confidential information, other than by or to Broker’s employees, representatives or agents who must have access to the information to perform their duties for Broker.
7. Dispute Resolution: This Agreement will be construed under Florida law. All disputes between Associate and another associate in Broker’s firm will be resolved by Broker. All disputes between Broker and Associate will be mediated under the rules of the American Mediation 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 Associate, the prevailing party will be entitled to recover reasonable attorney’s fees and costs at all levels. The parties agree to waive any right to jury trial.
8. Additional Terms.
8.1 Neither this agreement, or any amendment or modification hereto, will be binding upon Broker unless executed by Kevin Patrick Burke on behalf of Realtor Express USA. __________________________________________________________________________________________________________________________________________________________________________________
Broker: Kevin Patrick Burke
Realtor Express USA
Associate: (Name, address and 1099 info)