REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR
SERVICES AGREEMENT
This Agreement is made and entered into, as of _________________, 20__ (“Effective
Date”) by and between __________________[Broker Company Name], (“Broker”), and
________________________ [Real Estate Salesman’s Name], a(n) individual, partnership,
limited liability partnership, corporation, limited liability company (check the appropriate
box) of the State of ____________, having a principal place of business at ________________
[Salesman’s Address] (“Salesman” and, together with Broker, the “Parties”), for the purpose of
employing Salesman as a Real Estate Salesman (the “Agreement”).
RECITALS
A. Broker is duly licensed as a real estate broker in the State of _______________; and
B. Salesman is duly licensed as a real estate salesman in the State of _______________;
Now, therefore, in consideration for the mutual covenants contained herein and other
good and valuable consideration, the Parties agree as follows.
This Independent Contractor Real EstateTERMS agreement is between a Real Estate
Salesperson, Broker, and Independent Contractor. This document states the Broker
A. Engagement of Services
may issue project assignments to the Real Estate Salesperson, and the Real Estate
is obligated to Project Assignments to Salesman in the form attached to this
SalespersonBroker may issue undertake those projects. This document also states that
Agreement Salesperson “Project Assignment”). A Project Assignment will become binding
the Real Estateas Exhibit “A” (a is an independent contractor and is not an agent or
when both Parties have signed it and, once signed, Salesman will be obligated to provide the
employee of the Broker. This document in its draft form contains standard language
services specified in such Project Assignment. The terms of this Agreement will govern all
Project Assignments and services agreements. Additional language may be added as
commonly used in these types ofundertaken by Salesman for Broker.
necessary. Use this form if one is a broker wanting to engage the services of a Real
EstateB. Compensation; Timing
Salesperson as an independent contractor.
Broker will pay Salesman the fee set forth in each Project Assignment for the services
specified in such Project Assignment. If provided for in the Project Assignment, Broker will
reimburse Salesman’s expenses no later than ____ (__) days after Broker’s receipt of Salesman’s
invoice, provided that reimbursement for expenses may be delayed until such time as Salesman
has furnished reasonable documentation for authorized expenses, as Broker may reasonably
request. Upon termination of this Agreement for any reason, Salesman will be (1) paid fees on
the basis stated in the Project Assignment(s) and (2) reimbursed only for expenses that are
incurred prior to termination of this Agreement and are either expressly identified in a Project
Assignment or approved in advance in writing by an authorized Broker manager.
C. Independent Contractor Relationship
Salesman’s relationship to Broker is that of an independent contractor, and nothing in this
Agreement is intended to, or shall be construed to create a partnership, agency, joint venture,
employment, or similar relationship. Salesman will not be entitled to any of the benefits that
Broker may make available to its employees, including, but not limited to, group health or life
insurance, profit-sharing, or retirement benefits. Salesman is not authorized to make any
representation, contract, or commitment on behalf of Broker unless specifically requested or
authorized in writing to do so by a Broker manager. Salesman is solely responsible for, and will
file, on a timely basis, all tax returns and payments required to be filed with, or made to, any
federal, state or local tax authority with respect to the performance of services and receipt of fees
under this Agreement. Salesman is solely responsible for, and must maintain adequate records
of, expenses incurred in the course of performing services under this Agreement. No part of
Salesman’s compensation will be subject to withholding by Broker for the payment of any social
security, federal, state, or any other employee payroll taxes. Broker will regularly report
amounts paid to Salesman by filing Form 1099-MISC with the Internal Revenue Service as
required by law.
D. Disclosure and Assignment of Work Resulting from Project Assignments
1. “Innovations” and “Broker Innovations” Definitions
“Innovations” means all discoveries, designs, developments, improvements,
inventions (whether or not protectable under patent laws), works of authorship, information fixed
in any tangible medium of expression (whether or not protectable under copyright laws), trade
secrets, know-how, ideas (whether or not protectable under trade secret laws), mask works,
trademarks, service marks, trade names, and/or trade dress. “Broker Innovations” means
Innovations that Salesman, solely or jointly with others, conceives, develops, or reduces to
practice related to any Project Assignment.
2. Disclosure and Assignment of Broker Innovations
Salesman agrees to maintain adequate and current records of all Broker
Innovations, which records shall be and remain the property of Broker. Salesman agrees to
promptly disclose and describe to Broker all Broker Innovations. Salesman hereby does and will
assign to Broker or Broker’s designee all of Salesman’s right, title, and interest in and to any and
all Broker Innovations and all associated records. To the extent any of the rights, title, and
interest in and to Broker Innovations cannot be assigned by Salesman to Broker,