Real Estate Independent Contractor Agreement Template for Canada

The Real Estate Independent Contractor Agreement is essential for establishing professional relationships in the Canadian real estate industry, where most real estate agents operate as independent contractors rather than employees. This document is used when a licensed real estate professional seeks to affiliate with a brokerage while maintaining their independent business status. It addresses crucial aspects such as commission structures, service obligations, compliance with provincial real estate regulations, and professional standards. The agreement is designed to protect both the brokerage's interests in maintaining regulatory compliance and professional standards, and the contractor's interests in preserving their independent status while accessing brokerage services and support. This document is particularly important in the Canadian context, where real estate practices are regulated at both federal and provincial levels, requiring careful attention to various compliance requirements and professional standards.

1. Parties: Identifies the brokerage and the independent contractor real estate professional

2. Background: Explains the context of the agreement, including the brokerage's business and contractor's qualifications

3. Definitions: Defines key terms used throughout the agreement

4. Independent Contractor Status: Clearly establishes the nature of the relationship and distinguishes it from employment

5. Licenses and Qualifications: Details required licenses, registrations, and ongoing educational requirements

6. Scope of Services: Outlines the real estate services the contractor is authorized to provide under the brokerage

7. Compensation Structure: Details commission splits, fee arrangements, and payment terms

8. Contractor's Obligations: Specifies responsibilities, compliance requirements, and professional standards

9. Brokerage's Obligations: Outlines the brokerage's commitments, support, and services provided

10. Compliance and Regulations: Addresses adherence to real estate laws, anti-money laundering requirements, and professional standards

11. Marketing and Branding: Guidelines for using brokerage brand and marketing materials

12. Confidentiality: Protects confidential information of the brokerage and clients

13. Insurance and Liability: Specifies required insurance coverage and allocation of liability

14. Term and Termination: Duration of agreement and conditions for termination

15. Post-Termination Obligations: Responsibilities and restrictions after agreement ends

16. General Provisions: Standard clauses including governing law, amendments, and notices