PASHA REAL ESTATE BROKERAGE, INC

                                      1429 S Wilshire Ave

                         Mountain House, CA 95391

                                   Phone: (925) 984-6606

                           Rizwan.pasha@gmail.com

REAL ESTATE AGREEMENT

BETWEEN

PASHA REAL ESTATE BROKERAGE INC

(“THE BROKER”)

AND

________________________________________________________

(“THE ASSOCIATE-LICENSEE”)

__________________________________________________________________________________

THIS AGREEMENT is made on the …………..day of……….20……., by the Broker, a California licensed real estate broker and the Associate-Licensee, a California licensed real estate salesperson (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:

  1. COMMENCEMENT AND DURATION

This agreement shall be valid from the date of execution until termination.

  • PAYMENTS
  • The Associate-Licensee shall only be paid once they have completed their duties and submitted all relevant documents. This amount shall be derived from their return and subject to necessary deductions.
  • The Associate-Licensee will agree on any further compensations for the following subject to the Broker’s terms.
  • Recruitment;
  • Referrals;
  • Transaction Coordination Fee;
  • Risk-Management Fee;
  • Broker’s Fee Per Closed Real Estate Transaction; and
  • Any other fees, deposits, penalties, and fines
  • OBLIGATIONS OF THE ASSOCIATE-LICENSEE

The Associate-Licensee shall;

  • Always be available
  • Respond to voicemails within 24 hours
  • Submit and store all documents in the office
  • Update the Broker on all real estate activities within 48 hours
  • Deposit all earnest money deposits received by clients to escrow
  • Maintain an automobile insurance
  • Diligently comply with all relevant laws, rules, and regulations in discharging their responsibilities and honor the provisions agreement and the Broker’s Office Policy Manual.
  • Bare all their business costs
  • Charge client’s commission at their discretion.
  • Provide the Broker with a complete copy package of each closed transaction with all necessary documentation three days before the close of escrow.
  • Make roper 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.  
  • DISCLAIMERS
  • Parties shall maintain their respective valid licenses during this agreement.
  • 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.
  • All licensed activities under this agreement shall be made in the Broker’s name.
  • A personal assistant may be used by an Associate-Licensee subject to the Broker’s approval and terms.
  • The Broker shall issue listings to the Associate-Licensee per their discretion.
  • The Associate-Licensee cannot bind the Broker in any transaction unless expressed in writing.
  • Parties shall not be liable for uncollected commissions
  • 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 shall not advertise without the Broker’s consent. The Broker is not liable for any advertising done by Associate-Licensee on its behalf.
  • The Associate-Licensee shall not engage in telephone solicitation where persons have their numbers registered on a national do-not-call registry.
  • The Broker will be entitled to $100 per hour for any additional work or work not performed by the Associate-Licensee.
  • Where a Broker is procuring cause and provides a lead, the Associate-Licensee shall be entitled to 50% compensation.
  • Associate-Licensee cannot directly receive any compensation for performing real estate business without Broker’s approval, 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. 
  • E & O insurance does not cover BPO and Rent/Lease transactions.
  • The Broker must sign all commission instructions and/or paperwork by himself.
  • 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 Broker may make deductions on the Associate-Licensee’s commission for pending work after termination of the agreement.
  • The Associate-Licensee will not have a physical office; they may work at any place of their choosing.
  • The Associate-Licensee will not have a computer.
  • If the Associate-Licensee misuses any of the Broker’s resources, the Broker may deduct some amounts from their commission.
  • All documents shall be submitted 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 a period of 2 months after the closing date or lease date, the file will be taken by the Broker and all commission shall be lost.
  • The Associate-Licensee shall be responsible for any previously earned amounts ordered by the Court of Law or alternative dispute resolution mechanisms.   
  • 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 receives 50%. Within 48 hours of the lease start date, all essential documents must be submitted to the Broker.
  • Any worker compensation insurance taken by the Broker does not constitute an employer-employee relationship.
  • The Associate-Licensee hereby indemnifies and holds harmless the Broker and its agents against any claims arising from this agreement unless otherwise expressed.
  • Rules, perks, or practices in the Manual may be changed by the Broker at any time, with or without notice, at their discretion.
  • TERMINATION
  • 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.
  • INDEPENDENT CONTRACTOR

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 payments made to them under this agreement.  

  • INTELLECTUAL PROPERTY

The Associate-Licensee agrees that any intellectual property and associated rights owed 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.

  • NON-ASSIGNMENT

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.

  • RETURN OF THE PROPERTY

Upon the expiration or termination of this agreement, 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. name and logo.

  1. DISPUTE RESOLUTION

Any dispute under this agreement shall be resolved by Arbitration. Nothing in this section shall be construed as limiting the Court’s jurisdiction.

  1. CONFIDENTIALITY

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.

  1. GENERAL PROVISIONS
  2. 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.
  3. 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.
  4. Parties may alter this agreement subject to a written document signed by all parties.
  5. 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.
  6. This agreement may be executed in counterparts, each of which shall be an original, all of which shall constitute the same instrument.
  7. 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.
  8. The Parties will exercise utmost good faith in this agreement.
  9. If any ambiguity is found in the agreement, the Parties shall issue any necessary clarification.
  10. 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.pasha@gmail.com

ASSOCIATE-LICENSEE: ___________________________________________

___________________________________________

  • 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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