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Consulting Agreement Broker Real Estate document sample
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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.
CONTRACTOR'S INITIALS:
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
advance
(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,
Broker:
Authorized Signature Date
Contractor Signature Date
Print Name: ________________________________
Social Security No: ___________________________ Expiration Date
Real Estate License No: ________________
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