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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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REAL
ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT
made and entered into this ____ day of _________________, 19____,
by and between
___________________, of ______________________________, (hereinafter
referred to as
"Broker"), and ______________________ of _____________________,
(hereinafter
referred to as "Salesman"). The Parties recite that:
A. Broker is
duly registered and licensed with the State of __________________ as a real
estate broker
whose license expires ________________________.
B. Salesman is
duly registered and licensed with the State of _________________ as a
real estate
salesman whose license expires _______________________.
In consideration
of the mutual covenants set forth below, the parties agree as follows:
Effective as of
the date of this Agreement, Broker employs Salesman as a real estate
salesman.
1. STATEMENT OF
EMPLOYMENT
Broker shall pay
to Salesman a commission equal to ____ percent of the total commission
received by
Broker, on sales made by Salesman and completed during the effective period of
this
Agreement.
Furthermore, during the effective period of this Agreement, Broker will advance
to
Salesman against
commissions to be earned the sum of __________ DOLLARS ($_______) per
month, provided
that Salesman may elect to draw commissions as earned.
2. DUTIES OF
SALESMAN
Salesman will
carry on the customary activities of a real estate salesman, including, but not
necessarily
limited to, the showing of parcels of real estate on which Broker has listings,
the
sale of such
property in accordance with the terms of the listings, the solicitation of new
listings, and
such other
services pertaining to the real estate business as Broker may require of him.
Salesman
shall devote his
entire time and attention to such duties and shall use his best efforts with
regard to
all of such
duties.
3. COMMISSIONS
ON SALES
4. DURATION OF
AGREEMENT; TERMINATION
The term of this
Agreement shall be for ____ years, commencing on the date of this
Agreement.
Either party may terminate this Agreement by sixty (60) days' written notice to
the
other party. If,
on termination of this Agreement, Broker has advanced to Salesman against
commissions to
be earned a sum of commissions actually earned by Salesman, Salesman will
promptly refund
the amount of the excess advances.
5. ACCESS TO
LISTINGS AND OTHER INFORMATION
Broker will give
Salesman access to its confidential files pertaining to listings of property,
prospects for
the sale of such property, and other related matters. Broker shall also furnish
Salesman
personal contacts with persons interested in selling or buying such property,
and shall
generally aid
Salesman in every way possible with respect to such sales and Salesman's duties
6. LOYALTY TO
BROKER'S INTEREST
Salesman will
not during the term of this Agreement be engaged in any other business
activity,
whether or not pursued for gain, profit, or other pecuniary advantage, provided,
however,
that Salesman
may invest his assets in such form or manner as will not require his expenditure
of
any undue amount
of time.
7. NONDISCLOSURE
OF TRADE SECRETS
Salesman
recognizes and acknowledges that the information that will be furnished to him
concerning
Broker's customers, listings, holdings, investments, transactions, and other
confidential
matters
constitutes a valuable, special, and unique asset and trade secret
of Broker's
business. Accordingly, Salesman will not, during or after the term of his
employment
hereunder,
disclose any such information or any part thereof to any person, firm,
corporation,
association, or
other entity for any reason or purpose whatsoever.
8. WRITTEN
CONTRACT AS CONSTITUTING ENTIRE AGREEMENT
This Agreement
constitutes the entire contract and agreement between parties, and there
are no verbal
understandings or other agreements of any nature with respect to the subject
matter
hereof except
those contained in this Agreement.
9. BINDING
EFFECT
This Agreement
shall be binding upon and inure to the benefit of the respective heirs,
successors and
assigns of the parties hereto.
10. GOVERNING
LAW
11. ATTORNEYS'
FEES
In the event of
any legal or equitable action, including any appeals, which may arise
hereunder
between or among the parties hereto, the prevailing party shall be entitled to
recover a
reasonable
attorneys' fee. Attorneys' fees shall also include hourly charges for
paralegals, law
clerks and other
staff members operating under the supervision of an attorney.
12. SEVERANCE
The invalidity
or unenforceability of any portion of this Agreement shall not affect the
remaining
provisions and portions hereof.
13. HEADINGS
The paragraph
headings contained herein are for convenience of reference only and are
not to be used
in the construction or interpretation hereof.
IN WITNESS
WHEREOF, the parties have caused these presents to be duly executed on
the date first
above written.
hereunder.
This Agreement
shall be governed, interpreted and construed by, through and under the
laws of the
state of _______________.
WITNESSES:
"BROKER"
___________________________
____________________________
__________________________
"SALESMAN"
________________________
___________________________
________________________
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