Real Estate Salesman Independent Contractor Agreement
THIS AGREEMENT made and entered into this _(1)_ day of
_______(2)________, 20_(3)_, by and between
_______(4)__________, of ____________(5)________________,
(hereinafter referred to as "Broker"), and
_________(6)___________ of ________(7)___________,
(hereinafter referred to as "Salesman"). The Parties recite
that:
A. Broker is duly registered and licensed with the State of
_______(8)_________ as a real estate broker whose license
expires __________(9)____________.
B. Salesman is duly registered and licensed with the State of
_______(10)________ as a real estate salesman whose license
expires __________(11)___________.
In consideration of the mutual covenants set forth below, the
parties agree as follows:
1. STATEMENT OF EMPLOYMENT
Effective as of the date of this Agreement, Broker employs
Salesman as a real estate salesman.
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
Broker shall pay to Salesman a commission equal to _(12)_
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 ____(13)____ DOLLARS
($_______) per month, provided that Salesman may elect to draw
commissions as earned.
4. DURATION OF AGREEMENT; TERMINATION
The term of this Agreement shall be for _(16)_ 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 hereunder.
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
This Agreement shall be governed, interpreted and construed
by, through and under the laws of the state of
______(14)_______.
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.
WITNESSES:
"BROKER"
___________(15)_____________ ____________(16)______________
___________(15)_____________
"SALESMAN"
___________(15)_____________ ____________(17)______________
___________(15)_____________
Notice
The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.
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