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Small
Business Home >> Useful
Standard Legal Documents >>
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.
If this document is of use
to you, please provide a link back to Hoover Web Design.
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