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Real Estate Agent Independent Contractor Agreement
"I need a standard Real Estate Agent Independent Contractor Agreement for my Auckland-based agency, incorporating basic commission structure and compliance requirements for a residential property focus, to be effective from January 2025."
1. Parties: Identifies the contracting parties - the real estate agency (principal) and the independent contractor (agent)
2. Background: Outlines the context of the agreement, including the agency's business and the contractor's qualifications and licenses
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Status: Establishes the independent contractor relationship and scope of appointment
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Duties and Responsibilities: Details the contractor's obligations, including compliance with real estate laws and agency policies
7. Commission Structure: Outlines the commission rates, calculation methods, and payment terms
8. Compliance Requirements: Specifies obligations under relevant laws including AML/CFT and Privacy Act
9. Professional Standards: Sets out required professional conduct and ethical standards
10. Marketing and Branding: Guidelines for using agency branding and marketing materials
11. Insurance and Liability: Specifies insurance requirements and liability allocation
12. Confidentiality: Outlines confidentiality obligations and handling of sensitive information
13. Dispute Resolution: Procedures for resolving disputes between parties
14. General Provisions: Standard contract clauses including governing law, amendments, and notices
1. Technology and Systems: Details regarding use of agency's technology systems and software - include when agency provides specific tech tools
2. Team Arrangements: Rules for working with other agents/teams - include when contractor may work in team structures
3. International Transactions: Special requirements for international property transactions - include if agency deals with overseas buyers
4. Property Management: Specific terms for property management services - include if contractor will handle property management
5. Training Requirements: Mandatory training and professional development - include if agency has specific training programs
6. Non-Compete Provisions: Restrictions on post-termination competition - include based on market conditions and business strategy
7. Vehicle and Equipment: Terms for use of company vehicles or equipment - include if agency provides these resources
1. Commission Schedule: Detailed breakdown of commission rates, tiers, and special arrangements
2. Agency Policies and Procedures: Current version of agency's operational policies and procedures
3. Territory Assignment: Definition of geographical areas or property types assigned to contractor
4. Marketing Materials and Guidelines: Approved marketing templates and usage guidelines
5. Technology Systems Access: List of provided software, systems, and access credentials
6. Required Insurance Coverage: Specific insurance types and minimum coverage requirements
7. Compliance Checklist: Checklist of regulatory requirements and compliance procedures
Authors
Agreement
AML/CFT Act
Applicable Laws
Business Day
Commission
Confidential Information
Contractor
Effective Date
Gross Commission
Initial Term
Intellectual Property
License
Listed Property
Listing Agreement
Marketing Materials
Net Commission
Party/Parties
Professional Standards
Property
Real Estate Agency Work
REA
REINZ
Sale and Purchase Agreement
Services
Territory
Term
Vendor
Purchaser
Working Day
Agency Policies
Branch
Branch Manager
Client
Customer
Database
Listing
Marketing Budget
Personal Information
Privacy Laws
Professional Indemnity Insurance
Public Liability Insurance
Real Estate Authority
Records
Regulatory Requirements
Renewal Term
Supervisor
Term
Independent Contractor Status
Services
Duties and Responsibilities
Compliance
License Requirements
Commission
Payment Terms
Expenses
Professional Standards
Training Requirements
Marketing and Advertising
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Insurance
Indemnification
Termination
Post-Termination Obligations
Assignment
Dispute Resolution
Governing Law
Force Majeure
Notices
Amendments
Entire Agreement
Severability
Agency Policies
Property Management
Record Keeping
Anti-Money Laundering
Privacy
Health and Safety
Professional Development
Territory
Performance Standards
Client Relations
Technology Use
Reporting Requirements
Real Estate
Property Management
Professional Services
Property Development
Commercial Property
Residential Property
Legal Services
Legal
Compliance
Operations
Human Resources
Sales
Property Management
Administration
Senior Management
Recruitment
Real Estate Agent
Branch Manager
Sales Director
Compliance Officer
Legal Counsel
Managing Director
Property Manager
Operations Manager
Human Resources Manager
Recruitment Manager
Contract Administrator
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