REAL ESTATE SALESMAN INDEPENDENT CONTRACTOR AGREEMENT
THIS
AGREEMENT made and entered into
this
__________(1)_______________
day of
_______(2)________,
___________(3)______________, by and between _______(4)
__________, of
____________(5)________________, (hereinafter referred to as
"Broker"), and
_________(6)___________ of ________(7)___________,
(hereinafter
referred to as
"Salesman").
The Parties recite that:
A.
Broker is duly registered
and licensed with the State of _______(8)_________ as a real estate broker
whose license expires __________(9)____________.
B.
Salesman is duly registered
and licensed with the State of _______(10)________ as a real estate salesman
whose license expires __________(11)___________.
In consideration of the
mutual covenants set forth below, the parties agree as follows:
1. STATEMENT
OF EMPLOYMENT
Effective
as of the date of this Agreement, Broker employs Salesman as a real estate
salesman.
2. DUTIES
OF SALESMAN
Salesman will carry on the
customary activities of a real estate salesman, including, but not necessarily
limited to, the showing of parcels of real estate on which Broker has listings,
the sale of such property in accordance with the terms of the listings, the
solicitation of new listings, and such other services pertaining to the real
estate business as Broker may require of him.
Salesman shall devote his
entire time and attention to such duties and shall use his best efforts with
regard to all of such duties.
3. COMMISSIONS
ON SALES
Broker
shall pay
to Salesman
a commission
equal to
__________(12)___________
percent of the total commission received by Broker, on sales made by Salesman
and completed during the effective period of this Agreement. Furthermore,
during the effective period of this Agreement, Broker will advance to Salesman
against commissions to be earned the sum of ______________(13)__________
DOLLARS ($_______________) per month, provided that Salesman may elect to draw
commissions as earned.
4. DURATION
OF AGREEMENT; TERMINATION
The term of this Agreement
shall be for _(16)_ years, commencing on the date of this Agreement. Either
party may terminate this Agreement by sixty (60) days' written notice to the
other party. If, on termination of this Agreement, Broker has advanced to
Salesman against commissions to be earned a sum of commissions actually earned
by Salesman, Salesman will promptly refund the amount of the excess advances.
5. ACCESS
TO LISTINGS AND OTHER INFORMATION
Broker will give Salesman
access to its confidential files pertaining to listings of property, prospects
for the sale of such property, and other related matters. Broker shall also
furnish Salesman personal contacts with persons interested in selling or buying
such property, and shall generally aid Salesman in every way possible with
respect to such sales and Salesman's duties hereunder.
6. LOYALTY
TO BROKER'S INTEREST
Salesman will not during the
term of this Agreement be engaged in any other business activity, whether or
not pursued for gain, profit, or other pecuniary advantage, provided, however,
that Salesman may invest his assets in such form or manner as will not require
his expenditure of any undue amount of time.
7. NONDISCLOSURE
OF TRADE SECRETS
Salesman recognizes and
acknowledges that the information that will be furnished to him concerning
Broker's customers, listings, holdings, investments, transactions, and other
confidential matters constitutes a valuable, special, and unique asset and
trade secret of Broker's business. Accordingly, Salesman will not, during or
after the term of his employment hereunder, disclose any such information or
any part thereof to any person, firm, corporation, association, or other entity
for any reason or purpose whatsoever.
8. WRITTEN
CONTRACT AS CONSTITUTING ENTIRE AGREEMENT
This Agreement constitutes
the entire contract and agreement between parties, and there are no verbal
understandings or other agreements of any nature with respect to the subject
matter hereof except those contained in this Agreement.
9. BINDING
EFFECT
This Agreement shall be binding upon and inure
to the benefit of the respective heirs, successors and assigns of the parties
hereto.
10. GOVERNING
LAW
This Agreement shall be
governed, interpreted and construed by, through and under the laws of the state
of ________________(14)_______.
11. ATTORNEYS'
FEES
In the event of any legal or
equitable action, including any appeals, which may arise hereunder between or
among the parties hereto, the prevailing party shall be entitled to recover a
reasonable attorneys' fee. Attorneys' fees shall also include hourly charges
for paralegals, law clerks and other staff members operating under the
supervision of an attorney.
12. SEVERANCE
The invalidity or
unenforceability of any portion of this Agreement shall not affect the
remaining provisions and portions hereof.
13. HEADINGS
The paragraph headings
contained herein are for convenience of reference only and are not to be used
in the construction or interpretation hereof.
IN WITNESS WHEREOF, the
parties have caused these presents to be duly executed on the date first above
written.
WITNESSES:
"BROKER"
___________(15)______________
____________(16)______________
___________(15)_____________
"SALESMAN"
___________(15)___________
____________(17)_____________
___________(15)___________
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