|
Back To Legal Index
Back To Main Index
Real Estate Salesman Independent Contractor Agreement
THIS AGREEMENT made and entered into this _(1)_ day of
_______(2)________, 19_(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.
Back To
Legal Index Back To Main Index |
|