Consulting Agreement Broker Real Estate

Document Sample
Consulting Agreement Broker Real Estate Powered By Docstoc
					                                                      Skyway Real Estate Corp
                                            SALES REPRESENTATIVE AGREEMENT

        Skyway Real Estate Corp., a Florida corporation,              including, but not limited to, industry association dues, licensing
("Broker") and                                                        renewals, pagers, cellular telephones, etc., as they are incurred.
__________________________("Contractor"), hereby agree
as follows:                                                           4.        License Status. Contractor represents that he/she is
                                                                      and shall remain actively licensed and in good standing with the
1.        Definitions.                                                Florida Department of Professional and Business Regulation as
         (a)        "Transaction(s)" shall mean the recording of      a sales associate or broker associate, throughout the term
the deed following the sale of real estate, or the execution by all   hereof.
parties of a lease, where a commission is paid to Broker as a
result of the efforts of Contractor.                                  5.        Commissions and Fees. Provided that Contractor is
         (b)        "Sales Associate" shall have that meaning         not in default of any of his/her obligations under this
defined in Chapter 475, Florida Statutes.                             Agreement, Contractor shall be entitled to (i) sixty percent
         (c)        "Broker Associate"shall have that meaning         (60%) if the Acosta Bridge Plan is selected, eighty percent
defined in Chapter 475, Florida Statutes.                             (80%) if the Biscayne Bidge Plan is selected, or one hundred
         (d)        "FREC" shall mean the Florida Real Estate         percent (100%) if the Skyway Bridge Plan is selected, of any
Commission, as defined in Chapter 475, Florida Statutes.              commission paid to Broker on real estate transactions
                                                                      procured by Contractor which close during the effective term of
 2. Scope of Engagement. Broker engages Contractor to                 this Agreement, less the charges and fees identified in this
work as an independent contractor sales associate or broker           Agreement. Payment of said commission to Contractor is
associate, and Contractor agrees to work for Broker in such           conditioned upon Broker receiving a complete sales file. In the
capacity. Contractor shall adhere to all laws, rules, regulations     event (i) this Agreement is terminated by Broker with cause, (ii)
and ethical standards applicable to sales associates or broker        Contractor's real estate license does not remain active, or (iii)
associates including, but not limited to, the Statutes of Florida,    Contractor does not become affiliated with another broker after
the Department of Business and Professional Regulation, and           termination, Contractor shall not be entitled to any commission
FREC.                                                                 on real estate transactions which were under contract prior to
                                                                      said termination date and paid to Broker. In the event
 3. Independent Contractor Relationship. The Contractor               Contractor receives a commission prior to closing and the
is an independent contractor and is not an employee, servant,         transaction does not subsequently close, Contractor shall
agent, partner or joint venturer of the Broker, however               reimburse Broker for such commission. All commissions
Contractor understands that Broker may be legally responsible         must be included on the transaction's closing disbursement
for the acts and omissions of the Contractor to the extent            statement and paid at closing unless waived by Broker.
provided under Florida law. Broker is not responsible for
withholding any federal or state income tax, Social Security          6.       Fees and Charges/Payment. Contractor shall pay
(FICA) or Unemployment (FUTA) taxes from Contractor's                 Broker the following fees and charges:
commissions paid. Contractor is personally responsible for
paying any and all federal and state income, Social Security,                      Acosta Bridge Plan:
and other taxes, and for maintaining all expense records as
required by law, and represents to Broker that all such amounts
                                                                              Forty percent (40%) of all gross commissions earned and
will be withheld and paid when due. Contractor shall indemnify
                                                                              received by Broker from Transactions generated by
and hold Broker harmless from any liability or costs thereof.
                                                                              Contractor. "Commissions" shall mean all revenues
Contractor further understands and acknowledges that
                                                                              (percentage or flat fees) earned in relation to the sale,
Contractor is not an employee of Broker and therefore Broker
                                                                              lease, or exchange of real property and all revenues
provides no workman's compensation coverage. Contractor                       from referral fees or consulting fees.
represents to Broker that he/she understands that, if Contractor
desires such coverage, Contractor must personally obtain such                 $ 45.00 Errors & omission insurance charge will be
coverage directly from an insurance carrier of Contractor's                           withheld and paid to Broker on each
choice, at Contractor's sole expense.                                                 Transaction

All costs and obligations incurred by Contractor in conducting                $99.00 Annual membership fee due and payable in
his/her independent business shall be paid solely by Contractor,                      advance
who shall indemnify and hold Broker harmless from any and all
costs and obligations. Contractor will act independently as to                 CONTRACTOR'S INITIALS:
the management of his/her time and efforts, and shall be
responsible for timely payment of all his/her own expenses
                                                                    fee schedule shall replace the Transaction fee and Customer
                                                                    Transaction fee identified in the preceding section:
6.       Fees and Charges/Payment. Contractor shall pay
Broker the following fees and charges:                              Sales Price                          Transaction Fee
                                                                    $0 - $1,000,000                      $ 800        Only
         Biscayne Bridge Plan:                                     $1,000,001 - $2,000,000              $1,000       applies to
                                                                    $2,000,001 - $3,000,000              $1,500       the Skyway
        Twenty percent (20%) of all gross commissions earned        $3,000,001 +                         $2,000       Bridge
        and received by Broker from Transactions generated
        by Contractor. "Commissions" shall mean all revenues        A Transaction fee must be negotiated between the Broker and
        (percentage or flat fees) earned in relation to the sale,   Contractor for any Transaction involving the purchase, sale or
        lease, or exchange of real property and all revenues        lease of a business.
        from referral fees or consulting fees.
                                                                    8.       Nonpayment/Offset. In the event Contractor does not
        $ 45.00 Errors & omission insurance charge will be          pay any of his/her financial obligations imposed by the terms of
                withheld and paid to Broker on each                 this Agreement, all outstanding balances due shall accrue
                Transaction                                         interest at the rate of eighteen percent (18%) per annum.
                                                                    Contractor's payments shall be applied first to late charges and
        $199.00 Annual membership fee due and payable in            then to interest. Contractor agrees that Broker may set off
                advance                                             against, hold and/or apply any commissions owing to Contractor
                                                                    any obligations of Contractor under this Agreement.
                                                                    9.Term/Termination of Agreement. This Agreement
       Skyway Bridge Plan:                                         shall continue until terminated by either Contractor or Broker.

        $299.00 Transaction fee is 10% up to $299 will be                   (a)        Termination by Broker with Cause. In the
                withheld and paid to Broker on each                 event Contractor violates this Agreement or otherwise fails to
                Transaction                                         conduct his/her business in accordance with the terms of this
                                                                    Agreement, Broker may terminate this Agreement immediately
        $45.00 Errors & omission insurance charge will be           and without notice. In the event Broker terminates this
                withheld and paid to Broker on each                 Agreement for cause, Contractor agrees that any ongoing
                Transaction                                         obligations of Contractor hereunder shall survive the
                                                                    termination of this Agreement.
        $599.00 Annual membership fee due and payable in
                                                                             (b)       Termination by Either Party Without Cause.
        CONTRACTOR'S INITIALS:                                      Either party, without cause, may terminate this Agreement at
                                                                    any time upon the giving of three calendar days advance written
Contractor shall pay Broker a late payment charge of $25.00 on      notice to the other.
any payment of dues received after the 1st day of the month for
which they are due.                                                 10. Errors and Omissions Insurance. The errors and
                                                                    omissions insurance carrier shall be chosen at Broker's
Any and all additional fees over and above the negotiated           discretion. Contractor understands that he/she is responsible for
commission charged by Contractor to Buyer or Seller, and            payment of the deductible amount (currently $2,500) upon
collected at closing, will be divided equally between the           request, for each errors and omissions claim. Contractor shall
Contractor and the Broker and must be pre-approved in writing       immediately notify Broker of any circumstance likely to give
by Broker prior to the execution of any agreement. If prior         rise to any kind of claim or complaint against contractor and/or
approval is not obtained in writing, then Broker will obtain        Broker. In the event of a claim, lawsuit, license complaint or
100% of all additional fees charged to Buyer or Seller.             Arbitration demand which is not wholly covered by insurance,
                                                                    Broker may withhold from Contractor's commissions payable,
All forms and contracts used in any listing or sales contracts      an amount adequate to satisfy any amounts not covered, which
must be approved by Broker. Any unapproved sales contracts          Broker shall hold and retain, pending settlement or other
will obligate Contractor to reimburse Broker its actual attorney    dispositions of the matter. Broker may, in Broker's sole
fees incurred in connection with the review and use of such form    discretion, apply such sums as necessary to settle or to satisfy
or contract.                                                        any such claim or award, and Contractor agrees to cooperate
                                                                    fully in this regard. Contractor understands that, from time to
7.       Commercial, Industrial, Agricultural, and Business         time, the Broker may deem it necessary to obtain legal
                                                                    consultation concerning one of Contractor's transactions,
Transactions. If the real estate Transaction involves
                                                                    Contractor agrees to reimburse and indemnify Broker for any
commercial, industrial, or agricultural property, the following
                                                                    Attorney's fee reasonably incurred by Broker to obtain legal
advice concerning such transaction(s). Contractor shall follow       limitation, attorneys' fees and costs (collectively "Claims"), that
all procedures and use all disclosure statements, business           may be incurred or sustained by Broker in connection with any
contracts and other forms prescribed by Broker as part of any        Claims brought by any third party against Broker.
program to effect loss control or claims avoidance or reduce
insurance premiums.                                                  No action or complaint arising out of a real estate transaction in
                                                                     which Broker was involved may be brought by Contractor
11. Other Insurance. Unless otherwise agreed in writing              before anybody, against any third party, without prior written
by Broker, Contractor shall acquire from an insurance                consent of the Broker. If the Broker initiates any litigation or
agent/carrier of its own choice, the following: (i) automobile       arbitration action on behalf of the Contractor or if the Broker
liability insurance to cover business use of Contractor's vehicle    must defend any action of the Contractor in litigation or
(which coverage may be added by Contractor to his/her existing       arbitration, then Contractor will pay all related filing fees and
automobile insurance policy) in the face amount of at least          attorney fees. The existence of any insurance required by this
$500,000 combined single limit of liability; or bodily injury        Agreement shall not relieve Contractor of liability under this
liability insurance having limits of at least $250,000 for anyone    paragraph.
person and $300,000 for more than one person arising out of a        14.       Listings. Contractor agrees that any and all listings of
single accident and property damage liability insurance having       real estate or any interest therein and all other real estate related
limits of at least $100,000 arising out of a single accident; and    service contracts shall be approved by Broker, including but not
(ii) general liability insurance in the face amount of at least      limited to those pertaining to the purchase, sale, or rental of real
$500,000 per occurrence combined bodily injury and property          estate or any interest therein or services in relation thereto and
damage liability. Said insurance shall be structured to protect      shall be taken in the name of Broker, unless otherwise required
the Contractor against any liability, which may arise in             by law or the rules and regulations of the real estate
connection with the operation of his/her business as a real estate   commission, department or other governmental licensing
licensee. Contractor shall ensure that all policies of insurance     authority of this State. Such listings and other real estate related
to be acquired and maintained by Contractor contain a separate       service contracts shall be submitted by Contractor to Broker
endorsement naming Broker as an additional insured. Such             within one (1) business day after being received by Contractor,
policies shall not be subject to cancellation or non-renewal         and shall become and remain the exclusive property of Broker.
except on at least 30 days prior written notice to Broker.           Said listings and other real estate related contracts shall become
Contractor shall cause a certificate of insurance, showing           and remain the exclusive property of Broker. Upon termination
compliance with the above requirements, to be deposited with         of this agreement without cause Broker shall release listings and
Broker on or before the effective date of this Agreement. If         other real estate related contracts to Contractor, if a broker, or
requested by Broker, Contractor shall provide Broker a full and      to Contractor's new affiliated broker, subject to the laws of the
complete copy of any original policy. The insurance policy           State of Florida.
must also cover the Contractor's indemnification obligations
described in this Agreement and must not contain an "insured
                                                                     15.       Rules and Regulations. Contractor shall abide by all
vs. insured" exclusion. If Contractor fails to obtain the
insurance coverage as described in this Section, Contractor          rules, regulations, and policies adopted by Broker from time to
authorizes Broker to obtain the required insurance coverage as       time.
described herein and Contractor shall be responsible and pay for
the cost of such insurance.                                          16.       Restrictions Following Termination. Contractor shall
                                                                     not following the termination of this Agreement for any reason
                                                                     use to his or her own advantage or the advantage of others any
12.       Agent as Principal. In the event Contractor intends to     information gained from the files or business of Broker.
enter into any transaction as a principal, or an immediate           Following termination of this Agreement, Contractor shall be
relative that Contractor is representing intends to enter into any   free to continue in real estate with competing real estate
transaction, or any entity owned or controlled by Contractor,        operations. Contractor shall not adopt or use in connection
Contractor shall notify Broker beforehand, and shall include         with, or in the name of, any subsequent real estate business any
such a clause or clauses required by the Florida Statutes and        tradename, logo, or mark previously utilized by Broker, or any
FREC regulations in any contract or lease agreement. An              confusingly similar tradename, logo, or mark.
additional $75.00 transaction fee will be payable to Broker
upon the closing of such transaction(s).
                                                                     17.      Disputes. In the event of a dispute involving two or
                                                                     more Contractors, all of whom are licensed with Broker,
13.        Hold Harmless and Indemnification; Controversies.         Contractor authorizes Broker sole and absolute discretion in
As a material provision of this Agreement, Contractor agrees         resolving said dispute. Contractor agrees to abide by the
that, for all acts and omissions by Contractor, Contractor will      decision of Broker. Contractor also agrees to hold harmless and
indemnify and hold Broker, its officers, directors, shareholders,    indemnify Broker against any claim, action or lawsuit of any
qualifying agents, predecessors, successors and assigns              kind, and from any loss, judgment, or expense, including
harmless from any and all claims, demands, actions,                  attorney's fees, arising from or relating in any way to the
proceedings, complaints, causes of action, damages and               resolution of said dispute.
liabilities of every kind whatsoever including, without
18.       Miscellaneous.
                                                                     certified mail, return receipt requested, or sent by a nationally
         (a)        Integration. This agreement contains the         recognized overnight courier, postage prepaid, addressed to the
entire agreement of the parties and supersedes all negotiations,     party to whom given at the following address: (i) to Contractor
tentative agreements, representations, commitments, or               at the Contractor's Licensee Information main address on file
arrangements made prior to the date hereof. All prior                with the Department of Business and Professional Regulation,
agreements are merged into this agreement and all                    and (ii) to Broker at 2100 Constitution Boulevard, Sarasota, FL
representations and warranties, whether oral or written, are         34231. Notification at the above addresses shall be binding
hereby disclaimed and disavowed unless expressly reiterated in       upon the parties unless written notice of change of address has
this agreement.                                                      been given by one party to the other.
No Waiver. The failure of any party to insist upon strict
performance of any obligation hereunder shall not be a waiver of              (g)       Captions. Titles or captions of articles and
such party's right to demand strict compliance of that or any        paragraphs contained in this agreement are inserted only as a
other obligation in the future.                                      matter of convenience and for reference, and in no way define,
                                                                     limit, extend, or describe the scope of this agreement or the
         (c)       Applicable Law. This agreement shall be           intent of any provisions hereunder.
interpreted, whether as to validity, capacity, performance, or
remedy, according to the laws of the State of Florida (regardless
                                                                              (h)         Severa bi li ty. Eac h pr ov is io n of t hi s
of choice of law principles of Florida or any other jurisdiction).
                                                                     agreement shall be treated as severable to the end that if any
                                                                     provision shall be determined to be unenforceable, the balance
         (d)       Assignment. This agreement is personal to         of the agreement shall remain in full force and effect and be
Contractor and no rights or obligations of Contractor under this     interpreted as if those such provisions had never been contained
agreement shall be assignable by Contractor. Broker may              in the agreement.
assign its rights and obligations under this agreement to any
successor to the business of Broker or any part of its business,
and Broker shall be relieved of all obligations under this
agreement arising subsequent to the date of the assignment.

         (e) Amendment. No change, modification, or
amendment of this agreement shall be valid or binding upon any
party hereto unless expressed in a writing signed by the party
against whom the same is sought to be enforced.

         (1) Notices. Any notices required or permitted
to be given hereunder shall be deemed to have been given when
given personally, or deposited in the United States mails,


Authorized Signature                                                 Date

Contractor Signature                                                 Date

Print Name: ________________________________

Social Security No: ___________________________                      Expiration Date

Real Estate License No: ________________

Description: Consulting Agreement Broker Real Estate document sample