Independent Contractor Agreement
The Broker is now and has been engaged in business as a General Real Estate Broker in the state of Colorado, is qualified to and operates a General Real Estate business, and procures the listing of Real Estate for sale. The parties hereto consider it to be the mutual advantage of the parties to enter into this contract upon the terms and conditions hereinafter set forth.
Not therefore, in consideration of the mutual covenants and promises here contained, it is agreed and stated as follows:
Associate Broker and Broker each agree to conduct their business and regulate their habits as to maintain and increase the good will, business, profits, and reputation of the Broker and Associate Broker.
This agreement does not constitute a hiring of either party or the formation of employer/employee relationship. Parties hereto are and will remain independent contractors. The Broker will not be subject to withholding for taxes or other payroll items. Associate Brokers will be required to pay his/her own taxes, his/her own assistants, and his/her own transportation expenses.
Since the Real Estate Commission places the responsibility on the Broker to assure that all agents under Broker’s license are fully and property trained in the practice of Real Estate, Broker must have the ability to require Associate Brokers to attend needed additional training, meetings, and training programs. Associate Broker agrees to maintain a familiarity with the working knowledge of the rules and regulations of the Colorado Real Estate Commission. Associate Broker agrees to follow the continuing education requirements set forth by the Real Estate Commission.
Broker agrees, upon request, to assist the Associate Broker by giving advice and instruction, and to provide full cooperation, when requested by the Associate Broker. In the Broker’s discretion, the Broker can give advice or instruction as necessary.
The Broker endorses equal opportunity in fair housing. Associate Broker, as part of the consideration of this agreement, will avoid any discriminatory real estate practices and agrees to comply with all federal and state laws regarding equal opportunity in housing.
Associate Broker will not utilize the services of or direct any spouse, relative, friend, assistant or runner to provide any service or function where a Real Estate License is required in the state of Colorado.
Associate Broker will pay all the costs of the Associate Broker’s own Real Estate Licensing fees and/or MLS systems. Associate Broker monthly fees and/or miscellaneous expenses are to be paid per the Compensation Package.
Associate Broker acknowledges that they are the sole owner of all listings, and buyer agreements, rights documentation thereto. In the event of a dispute with a third party concerning payment of a commission, the Associate Broker shall have the sole right to negotiate any settlement or to take any legal actions and the Broker will not be involved.
Broker will have the sole right to cancel a buyer agreement or listing contract or release any customer/client from any agreement at any time if requested by Associate Broker’s client.
Commissions will be promptly paid to Associate Broker by Broker after receipt and processing, less any amounts owing to Broker. Payment of any and all commissions is subject to Broker receiving a complete transaction file. Associate Broker further agrees to participate in the Company program as further specified in the Compensation Package.
All Associate Brokers must maintain Errors and Omission insurance at his/her own expense.
A Monthly Office Fee for Technology, Administration and Branding may be assessed. Such assessment will be noted in the Compensation Package.
This agreement is personal and may not be assigned, sold, or otherwise conveyed by either party.