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Real Estate Broker Independent Contractor Agreement
"I need a Real Estate Broker Independent Contractor Agreement for our Auckland-based brokerage firm that includes provisions for both residential and commercial property sales, with a specific focus on managing a team of up to 5 sub-contractors and handling international client transactions."
1. Parties: Identifies the contracting parties - the real estate brokerage firm and the independent contractor agent
2. Background: Outlines the context of the agreement, including the brokerage's business and the contractor's qualifications and licenses
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. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Duties and Responsibilities: Details the contractor's obligations in performing real estate services
7. Compliance Requirements: Outlines compliance obligations with real estate laws, AML/CFT requirements, and other regulations
8. Commission Structure: Details the commission splits and payment terms
9. Expenses and Resources: Specifies which party is responsible for various business expenses and resources
10. Confidentiality and Privacy: Addresses handling of confidential information and privacy obligations
11. Non-Solicitation: Prevents solicitation of brokerage's clients post-termination
12. Insurance and Liability: Specifies insurance requirements and allocation of liability
13. Dispute Resolution: Outlines the process for resolving disputes between parties
14. General Provisions: Standard contractual provisions including governing law, amendments, and notices
1. Training Requirements: Used when the brokerage requires specific ongoing training or professional development
2. Team Operations: Included when the contractor leads or works within a team structure
3. International Transactions: Added when the contractor handles international real estate transactions
4. Property Management Services: Included if the contractor will provide property management services
5. Marketing and Branding: Details specific requirements for using brokerage's branding and marketing materials
6. Virtual Office Provisions: Used when the contractor primarily works remotely
7. Exclusive Territory: Added when the contractor is granted exclusive rights to a geographic area
8. Succession Planning: Included for senior contractors with significant client portfolios
1. Schedule 1: Commission Structure: Detailed breakdown of commission rates, splits, and bonus structures
2. Schedule 2: Required Licenses and Certifications: List of required professional licenses and certifications
3. Schedule 3: Approved Business Expenses: Itemized list of expenses approved for reimbursement or cost-sharing
4. Schedule 4: Technology and Systems: Details of provided technology, software, and systems access
5. Schedule 5: Office Policies and Procedures: Specific brokerage policies and procedures to be followed
6. Appendix A: Code of Conduct: Detailed behavioral and professional conduct expectations
7. Appendix B: Marketing Guidelines: Specific requirements for marketing and advertising activities
8. Appendix C: Compliance Checklist: Checklist of regulatory compliance requirements and procedures
Authors
AML/CFT Act
Applicable Laws
Brokerage
Brokerage Policies
Business Day
Commission
Confidential Information
Contractor
Effective Date
Intellectual Property
License
Listing
Marketing Materials
Net Commission
Office Facilities
Professional Standards
Property
Real Estate Agency Work
Real Estate Authority
Real Estate Services
Records
REA
REA Rules
Sales Transaction
Term
Territory
Transaction Documents
Term
Termination
Duties and Responsibilities
Licensing Requirements
Compliance
Commission
Payment Terms
Expenses
Office Resources
Confidentiality
Privacy
Data Protection
Non-Solicitation
Non-Competition
Intellectual Property
Insurance
Liability
Indemnification
Professional Standards
Training
Record Keeping
Marketing
Branding
Territory
Assignment
Dispute Resolution
Governing Law
Force Majeure
Notices
Entire Agreement
Amendment
Severability
Waiver
Interpretation
Survival
Real Estate
Property Management
Commercial Property
Residential Property
Property Development
Real Estate Investment
Professional Services
Property Advisory
Legal
Compliance
Human Resources
Operations
Sales
Property Management
Business Development
Risk Management
Finance
Administration
Real Estate Agent
Real Estate Broker
Property Manager
Sales Director
Compliance Officer
Legal Counsel
HR Director
Operations Manager
Branch Manager
Managing Director
Real Estate Sales Consultant
Business Development Manager
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