Independent Contractor Agreement
Between Real Estate Broker and Salesperson

This AGREEMENT between National Realty LLC (herein called “Broker”) and ________________________________
(herein called “Salesperson”), provides:

 

(a)    Broker is a corporation licensed with active status by the Virginia Real Estate Board as a real estate broker;

(b)   Salesperson is an individual licensed with active status by the Virginia Real Estate Board as a real estate salesperson;

(c)    Broker is qualified to and does operate a general real estate business and does obtain the listings of real estate for sale and lease, and Broker maintains an office properly staffed and equipped to operate such business.

(d)   Salesperson is qualified to conduct the business of a real estate salesperson; and

(e)    Broker and Salesperson wish to become affiliated with each other in such general real estate business of Broker.

 

Broker and Salesperson agree as follows:

 

  1. Licensees: Broker and Salesperson at their separate expense shall keep their licenses issued by the Virginia Real Estate Board in active status, and both at their separate expense shall pay all fees, including license fees and taxes owed to any federal, state, or local governmental jurisdiction and arising out of their respective activities as real estate broker and as real estate salespersons, and neither shall be liable for such fees or taxes owed by the other in the event the license issued to Broker or Salesperson by the Virginia Real Estate Board is revoked, suspended, or not renewed for any reason, this agreement shall automatically terminate.

  2. 2. Listings: Broker agrees to make available to Salesperson all current listings of Broker’s office except such listings as Broker for valid and usual business reasons may make available exclusively to some other salesperson or salesperso Broker also agrees, upon request, to assist Salesperson in his or her work by advice, instruction, and all practicable cooperation.

  3. 3. Office Facilities: Broker and Salesperson agree that Salesperson may share with other salespersons affiliated with Broker all facilities of the office now operated by Broker in connection with such general real estate business of Broke

  4. Services of Salesperson: Salesperson agrees to work diligently in the sale and lease of any and all real estate listed with Broker and made available to Salesperson, to solicit additional listings and customers in the name of Broker, and otherwise to promote the business of serving the public in real estate transactions to the end that Broker and Salesperson my derive the greatest advantage possible consistent with their professional obligations.

  5. Compliance-Dues: Broker and Salesperson agree to comply with all laws, regulations, and codes of ethics that are applicable to Broker and Salesperson, including all laws and rules relating to the making of unsolicited phone calls under the Do-Not-Call rules, Do-Not-Fax rules and rules governing the sending of unsolicited e-mails promulgated by the Federal Trade Commission, FCC or any other governmental entity. Salesperson has been given a copy of all of Broker’s company policies, and agrees to be bound by and comply with such policies as they may be amended from time to time. All dues or other expenses of Salesperson arising out of the membership of Salesperson in any organization, including organizations of brokers, salespersons or both shall be paid by Salesperson, and Broker shall not reimburse Salesperson for such payment.

    6. Fees: The fees to be charged for any services performed under this agreement shall be determined by Broker, and Broker shall advise Salesperson of any special contract relating to any transaction which Salesperson undertakes to handle. When Salesperson shall perform any service hereunder whereby a fee is earned, such fee shall, when collected, be divided between Broker and Salesperson as described in the “Fee Schedule”. In the event of special arrangements with any client of Broker or Salesperson on property listed with Broker or controlled by Salesperson, a special division of fee may apply, and such division shall be mutually agreed upon in advance by Broker and Salesperson. In the event that two or more salespersons participate in a particular transaction, the amount of the  fee  over  that  accruing  to  Broker  shall  be  divided  between  the  participating  salespersons  according  to agreement between them or as determined by Broker. In no case shall Broker be personally liable to Salesperson for any fee, nor shall Salesperson be personally liable to Broker for any fee, but when the fee shall have been collected from the party or parties for whom real estate services are performed, Broker shall pay to Salesperson his or her proportionate share as soon as practicable.

  6. Independent Contractor Status: Broker or Salesperson agree that, other than the proportionate share of Salesperson fees earned hereunder on real estate transactions, no compensation shall be payable to Broker to Salesperson by Broker to Salesperson under this agreement or otherwise. Broker and Salesperson also agree that salesperson shall be affiliated with and treated by Broker as an independent contractor for Federal and State income and employment tax purposes and shall not be affiliated with and treated by Broker as an employee for Federal and State income and employment tax purposes, and Broker and Salesperson shall each file such Federal and State tax returns as may be required of each of them to report the income earned by Salesperson as an independent contractor.

 

  1. Expense: Expenses for legal fees and costs, recordation fees or taxes, surveys, and repairs which for some necessity must be payable from fees earned, and also expenses incurred in attempts to collect fees, shall be divided between and paid by Broker and Salesperson in the same proportions as fees are divided between them. Salesperson shall not incur any such expenses without the prior approval of Broker. Any suits for fees shall be maintained in the name of Broker.

 

  1. Indemnification: Salesperson shall indemnify and hold Broker harmless in the event that Broker is required to respond in damages to a third party or parties by reason of any conduct of Salesperson which shall be in violation of any laws, rules, regulations, or codes of ethics applicable to Salesperson. Salesperson agrees to reimburse Broker for any fines or penalties incurred by Broker as a result of Salesperson’s failure to comply with all applicable laws, rules, or regulations applicable to Salesperson.

 

  1. 10. Noncompetition: Salesperson shall not, after termination of this agreement, use to his or her advantage, or to the advantage of any competitor of Broker, any information obtained by Salesperson during his or her affiliation with Broker and which is not known generally, and all listings of Broker’s office of real estate for sale and lease during such affiliation shall be the property of Broker.

 

  1. 11. Resolution of Disputes: Salesperson agrees that any dispute or disagreement, arising out of his or her activities as a real estate salesperson and between salesperson and another salesperson associated with Broker, which salesperson and  such     other salesperson cannot resolve, shall be submitted     to Broker for decision, and salesperson agrees to accept and comply promptly with the decision of Broker. This provision shall be applicable only if such other salesperson affiliated with Broker is also required by a similar provision in his or her agreement with Broker to submit such disputes or disagreements to Broker for

 

  1. 12. Termination: This agreement and the affiliation of Broker and Salesperson may be terminated at any time by either party upon notice in writing to the other party, but such termination shall not affect the respective right of the parties to their division of commissions earned before such notice of termination on both listings and transactions under contract, unless otherwise agreed between the pa

 

  1. 13. Miscellaneous: This agreement shall be governed by the laws of Virginia in all matters, including, without limitation, its validity, construction, interpretation, and performance, and neither it nor any of its provisions may be modified, waived, or discharged except by written instrument signed by the party against which enforcement of the modification, waiver, or discharge is sought, and shall replace all previous agreements between the parties.

The parties agree to the independent contractor agreement.