THIS AGREEMENT is made on the …………..day of……….20……., by the Broker, and the Associate-Licensee, (collectively referred to as “Parties” or individually as “Party”) and includes that Party’s successors and assigns.
In consideration of mutual promises, Parties agree to the following terms and conditions and to be bound thereby:
COMMENCEMENT AND DURATION
This agreement shall be valid from the date of execution until termination.
The Associate-Licensee shall only be paid once they have completed their duties, submitted all relevant documents and the transaction and the file are complete unless otherwise agreed. This amount shall be derived from their returns and subject to necessary deductions.
All fees, penalties, and fines are allocated when signing the Independent Contractor Agreement and may be amended by Broker with 60 days’ notice to Associate-Licensee.
Recruitment: The Associate-Licensee may receive compensation for recruitment subject to the Broker’s terms.
Referrals: If the Associate-Licensee refers a client to another agent not employed by the Broker or receives a commission from another Broker, the Broker shall receive 10% of the amount, and the Associate-Licensee shall get the 90%.
Single-sided transaction coordination- $350.00 per file closed if the Broker’s staff handle the transaction coordination.
Dual-sided TC-$550.00 per file. There will be a $0.00 review charge if the Associate-Licensee does the transaction coordination themselves. The Broker will deduct the fee from the Associate-earned Licensee’s gross commission if the Associate-Licensee does not write it in the contract, but it will be removed from the RPA if it is written on it.
Associate-Licensee Procured – PLAN A;
The Broker’s standard fee per closed real estate transaction -$495.00 or 10% (whichever is less) plus $135.00 risk management fee. In a standard transaction, the total commission paid by the buyer or seller exceeds $4,950.00, and the sales price is less than $1,000,00. For PLAN A, the Associate-Licensee will not be charged any sign-up, monthly, hidden, or other fees for performing typical real estate activity in California.
Nonstandard Broker’s Fee Per Closed Real Estate Transaction;
• Commission total is less than $4,950- 10%.
• Sale price exceeds $1,000,000- $495 plus $100 for every $100,000 if the amount surpasses $1,000,000.
• Dual transactions-$990 or 10% of the total commission, whichever is less. Plus $200 for every $100,000 if the amount surpasses $1,000,000.
• Associate-Licensee-Owned Property: $495 + $100 for each $100,000 if the amount surpasses $1,000,000.
• A gross real estate listing commission of 3.5 per cent of the acquisition price is the minimum required. The selling side cannot accept less than 1.5 per cent, while the buying side cannot accept less than 2%. The Associate-Licensee shall seek the Broker’s approval before varying any of the aforenamed percentages.
Risk-Management Fee/ E & O Insurance Fee;
It is deduced from the Associate-Licensee’s returns.
Sale price is less than $ 1,000,000-$135.00 per closed transaction plus $20.00 for every $100,000 if the amount surpasses $1,000,000.
Selling Associate-Licensee owned property-$350.00 plus $35 for every $100,000 if the amount surpasses $1,000,000.
Dual transaction- $270.00 plus $40.00 for every $100,000 if the amount surpasses $1,000,000.
Commercial or income property over $1,000,000-determined by the risk.
Broker lists a property on the MLS due to the Associate-Licenses’ lack of access – $150 upfront fee. Associate- Licensee is responsible for providing all listing information. This is an optional service.
Dispute resolution and finishing the Associate- Licensee’s work for unresolved disputes and unfinished work attributed to the Associate- Licensee-$100 per hour.
For the third and subsequent transaction file reviews, the Broker will levy $100 for each review after the second. Each file will be reviewed twice by the Broker for free.
Executing commission distribution/instructions issued by escrow without the Broker’s consent or counselling escrow on how to distribute commission without the Broker’s approval-$500.
Cashing/ depositing the entire escrow commission check without the knowledge or approval of the Broker—$1,000 fine. If a full commission check is received, Associate-Licensee must notify Broker immediately and follow Broker’s instructions.
Complaints against Associate-Licensee-$100 per complaint.
Associate-Licensee requesting benefits from a local REALTOR Association in which the Broker is not a member -$250 – $400 refundable deposit. The deposit will be repaid when the agent completes their first transaction in the current calendar year. The deposit for Plan C will be reimbursed after the third payment. This deposit pays for a portion of the Broker’s membership fees to keep the Broker’s fee low. After the calendar year in which the deposit was made has passed and/or the Associate-Licensee has not conducted any transactions in the calendar year in which the deposit was made, the deposit will become non-refundable.
Associate-Licensee lists/sells their property $495 per transaction plus $350 for errors and omissions insurance up to $1 Million purchase price.
OBLIGATIONS OF THE ASSOCIATE-LICENSEE
The Associate-Licensee shall;
Choose where they shall work from but always be available. Specifically, respond to voicemails within 24 hours. The Broker will not provide a physical office or computer. All documents should, however, always be stored in the Broker’s office. Except as otherwise provided in this agreement, the Associate-Licensee shall work autonomously and not at the direction of the Broker, e.g., they shall have control over their work schedule, solicitation, and listings. A personal assistant may be used by an Associate-Licensee subject to the Broker’s approval and terms.
Use any resources provided by the Broker responsibly. If the Associate-Licensee misuses any of the Broker’s resources, the Broker may deduct reasonable amounts from their commission.
Update the Broker on all real estate activities within 48 hours. Failure to do this, the Broker will charge $100 plus $10 per day.
Submit all relevant documents three days before the close of escrow. Still, there is a five-business day extension for the submission, failure to meet this deadline shall expose the Associate-Licensee to a fee of $20 per day and withholding of their compensation. If this continues for two months after the closing date or lease date, the Broker will take the file, and all commission shall be lost.
Deposit all earnest money deposits received by clients to escrow. He shall not accept cash directly or funds in his name unless permitted by the Broker in writing, e.g., under Broker Price Opinions (BPO), where he may receive the checks from the BPO’s submitted Company. If the amount per month is $495 or less, the Broker will not charge any fee, but if they are more, a fee of 10% will be charged, and the remaining 90 % goes to the Associate-Licensee.
Diligently comply with all relevant laws, rules, and regulations in discharging their responsibilities of soliciting, obtaining listings, selling, exchanges, leasing, or renting property and honor this agreement and the Broker’s Office Policy Manual which may be changed by the Broker at any time, with or without notice.
Maintain automobile insurance.
Bare all their business costs.
Charge client’s commission at their discretion.
Make proper reporting by opening a new transaction, making changes, uploading documents, writing notes in the transaction file on the Broker’s Website, or emails updated status.
Plan Term: All plan elections will last 6 (six) months. The current plan will automatically renew for another 6 (six) months if the Associate-Licensee makes no election before the end of the 6 months. If Associate-Licensee changes plans, any real estate offers, listings, and contracts made during the prior plan’s period will be compensated using the salary and fees from the previous plan.
Parties shall maintain their respective valid licenses during this agreement.
All licensed activities under this agreement shall be made in the Broker’s name.
Listing: The Broker shall issue listings to the Associate-Licensee per their discretion.
Authority: The Associate-Licensee cannot bind the Broker in any transaction unless expressed in writing.
Advertisement; The Associate-Licensee shall not advertise without the Broker’s consent. The Broker is not liable for any advertising done by Associate-Licensee on its behalf.
Solicitation; The Associate-Licensee shall not engage in telephone solicitation where persons have their numbers registered on a national do-not-call registry.
Non-transfer; The Associate-Licensee shall not transfer or assign this agreement without the Broker’s consent, but the Broker may transfer or assign this agreement without the Associate-Licensee’s consent.
Parties shall not be liable for uncollected commissions. Parties shall share financial responsibility for any expenses acquired while recovering compensation per their compensation percentage.
The Broker may withhold any amounts due to the Associate- Licensee pending the outcome of any claim against the Associate- Licensee or pay any of the Associate-Licensee’s liabilities.
The Associate-Licensee does not provide property management services. They may advertise a rental/lease property on the Multiple Listing Service (MLS), market it, show it to possible renters, and introduce them to the owner. The rest of the lease process must be completed by the owner or the owner’s property management representative. If the Associate-Licensee rents or leases their property, the Broker does not collect a fee. If an Associate-Licensee rents or leases property for a customer, the Broker will receive 10%, and the Associate-Licensee will receive 90% if the property is self-generated. If the Broker or firm is the procuring cause, the Company receives 50%, and the Associate-Licensee gets 50%. The Associate-Licensee may get their commission from escrow subject to submitting the completed transaction file three days before the escrow is closed.
The Associate-Licensee is not entitled to receive advance payment from the Broker in advance of future commissions, and collecting advance fees from clients is prohibited.
The Associate-Licensee shall be responsible for any previously earned amounts ordered by the Court of Law or alternative dispute resolution mechanisms.
The Broker will not deduct taxes or Social Security from the pay of the Associate-Licensee.
The Broker shall not be liable for any damages incurred by the Associate-Licensee under this agreement unless otherwise stated.
The Associate-Licensee hereby indemnifies and holds harmless the Broker and any party who may claim through them against any claims arising from this agreement unless otherwise expressed.
E & O insurance does not cover BPO and Rent/Lease transactions.
Either Party may terminate this agreement at any time.
The termination of this agreement shall not discharge liabilities accumulated by either Party.
Any clauses intended to survive the termination of this agreement shall survive the termination of this agreement, e.g. payments of money owed or deductions owed due to unfinished work by the Associate-Licensee or expenses incurred to finish such work.
The relationship of the Parties hereto is that of an independent Contractor. Accordingly, the Parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby. The Broker is not required to pay or make any contributions to any social security, local, state or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Associate-Licensee during the term. The Associate-Licensee is responsible for paying and complying with reporting requirements for all local, state and federal taxes related to their payments under this agreement. Any worker compensation insurance taken by the Broker does not constitute an employer-employee relationship.
The Associate-Licensee agrees that any intellectual property and associated rights owned or developed by the Broker, solely or jointly with others, during the subsistence of this agreement, are the Broker’s exclusive property. The Associate-Licensee will enjoy a non-exclusive, limited use license of the Broker’s intellectual property during this agreement. This includes but is not limited to the Broker’s trademark logo and graphics. The Broker’s business practices are a trade secret; the Associate-Licensee shall not use it to their advantage or that of any other person unless otherwise agreed in writing.
RETURN OF THE PROPERTY
Upon the expiration or termination of this agreement or demand by the Broker, the Associate-Licensee will return to the Broker any property, documentation, records, or confidential information which is the property of the Broker and shall discontinue use of any of the Broker’s property, e.g., trademark logo and graphics.
Arbitration shall resolve any dispute under this agreement. Nothing in this section shall be construed as limiting the Court’s jurisdiction.
The Associate-Licensee’s shall not at any time disclose, directly or indirectly to any other person whatsoever (including to the public or any section of the public) any information concerning this agreement or any additional information of any nature whatsoever concerning the Broker, whether such information or matter is stated to be confidential or not, without the express written permission of the Broker.
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this agreement.
Parties may alter this agreement subject to a written document signed by all Parties.
Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them.
This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
The article and section headings in this agreement are for convenience; they form in no part of this agreement and shall not affect its interpretation.
The Parties will exercise utmost good faith in this agreement.
If any ambiguity is found in the agreement, the Parties shall issue any necessary clarification.
Parties shall be served through the following addresses; either Party may change their addressees by reasonable written notice given to the other Party.
BROKER: 1429 S Wilshire Ave, Mountain House, CA 95391, Phone: (925) 984-6606, Rizwan.firstname.lastname@example.org
This agreement shall be governed by the California State Laws, excluding its conflict-of-laws principles.
IN WITNESS WHEREOF, the Parties have executed this agreement, as set below.
Signed by the BROKER Signature: Name: Designation: Date:………………………………………
Signed by the ASSOCIATE-LICENSEE
Signature : Name: Date:…………………………………………….……
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