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Real Estate Independent Contractor Agreement
"I need a Real Estate Independent Contractor Agreement for my Auckland-based agency that will engage a senior agent who will manage a team of three junior agents and handle both residential and commercial properties, with the agreement to commence on March 1, 2025."
1. Parties: Identifies the contracting parties - the real estate agency and the independent contractor
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. Contractor Obligations: Details the contractor's duties, responsibilities, and performance requirements
7. Agency Obligations: Outlines the agency's responsibilities and support provided to the contractor
8. Compensation and Commission Structure: Details the payment terms, commission rates, and calculation methods
9. Compliance Requirements: Specifies compliance with Real Estate Agents Act and other relevant legislation
10. Confidentiality and Privacy: Addresses handling of confidential information and privacy obligations
11. Intellectual Property: Covers ownership and use of agency branding, materials, and contractor's own marketing
12. Insurance and Liability: Details required insurance coverage and liability provisions
13. Dispute Resolution: Outlines the process for resolving disputes between parties
14. General Provisions: Standard contract clauses including governing law, amendments, and notices
1. Training and Development: Optional section for agencies providing specific training programs or professional development requirements
2. Team Structure: Used when the contractor will be working with or leading a team of agents
3. Property Management Services: Include when the contractor will be involved in property management activities
4. Vehicle and Equipment: Optional section detailing provisions for use of agency vehicles or equipment
5. International Transactions: Include for contractors dealing with international clients or properties
6. Digital Marketing and Social Media: Specific provisions for digital marketing activities and social media presence
7. Non-Compete Provisions: Optional restrictions on post-termination activities, if applicable and enforceable
1. Commission Schedule: Detailed breakdown of commission rates, tiers, and special circumstances
2. Territory Schedule: Definition of geographical area or property types the contractor is authorized to handle
3. Required Licenses and Certifications: List of current licenses and certifications held by the contractor
4. Agency Policies and Procedures: Reference to or summary of key agency policies applicable to the contractor
5. Marketing Guidelines: Specific requirements for marketing materials and brand compliance
6. Technology Systems and Access: Details of agency systems, software, and access protocols
7. Fee Schedule: Breakdown of any fees, charges, or cost-sharing arrangements
Authors
Agreement
AML/CFT Act
Approved Listing
Business Day
Commission
Confidential Information
Contract Period
Contractor
Contractor Services
Effective Date
Gross Commission
GST
Intellectual Property
Key Performance Indicators
Laws
License
Listing
Marketing Materials
Net Commission
Privacy Laws
Property
Real Estate Agents Act
Real Estate Authority
Records
Regulatory Requirements
REA
Sales Transaction
Territory
Term
Termination Date
Transaction
Vendor
Purchaser
Supervising Agent
Working Day
Independent Contractor Status
Term
Termination
Commission
Payment Terms
Performance Requirements
Compliance
Licensing
Territory Rights
Non-Competition
Non-Solicitation
Confidentiality
Privacy
Intellectual Property
Insurance
Indemnification
Record Keeping
Marketing
Property Management
Training
Equipment and Resources
Health and Safety
Assignment
Dispute Resolution
Governing Law
Force Majeure
Notices
Amendments
Entire Agreement
Severability
Waiver
Relationship of Parties
Third Party Rights
Survival
Real Estate
Property Management
Property Development
Commercial Property
Residential Property
Legal Services
Professional Services
Construction
Property Investment
Legal
Compliance
Human Resources
Operations
Sales
Property Management
Business Development
Administration
Risk Management
Real Estate Agent
Real Estate Salesperson
Property Manager
Business Development Manager
Sales Director
Branch Manager
Agency Owner
Legal Counsel
Compliance Officer
Human Resources Manager
Operations Manager
Contracts Administrator
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