Fill and Sign the Estate Broker Form

Real Estate Sales Representative Agreement with Broker Agreement made on the _____________________ (date), between ______________________________ (Name of Sales Representative) of ________________ _________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Sales Representative , and ____________________________ (Name of Broker) , a corporation organized and existing under the laws of the state of _______________, with its principal office located at __________ ______________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Broker . Whereas, Broker is a registered and licensed real estate Broker and is duly qualified to procure the listing of real estate for sale, lease, or rental, to seek prospective purchasers, lessees, and renters for such real estate, and to furnish other services; and Whereas, Broker enjoys the goodwill of and a reputation for fair dealing with the public and maintains an office, properly furnished, equipped, and staffed, for the rendering of real estate Broker age services to the public. Whereas, Sales Representative is a registered, licensed and qualified real estate Sales Representative and is competent to deal with the public as such. Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Obligations of Broker A. Broker agrees to make available to Sales Representative all current listings or some listings to be exclusively Sales Representative 's and some listings to be available to Sales Representative and to other Sales Representative s of Broker in accordance with agreements and understandings that presently exist between and among the Sales Representative s in Broker 's office and of which Sales Representative is aware. Broker further agrees to assist Sales Representative in [his/her] work by advice, instruction, and full cooperation in every way possible. B. Sales Representative may share with other sales representatives of Broker such facilities as Broker 's office is able to furnish in connection with the subject matter of this Agreement. 2. Duties of Sales Representative A. Sales Representative covenants to work diligently and employ his best efforts to sell, lease, or rent any and all real estate listed with Broker , to solicit additional listings and customers for Broker , and otherwise to promote Broker 's real estate business. B. Sales Representative agrees to conduct himself so as to maintain and increase the goodwill and reputation of Broker , and to abide by the laws, rules, and regulations that are binding on or applicable to Real Estate Brokers and Sales Representatives. 3. Compensation A. Sales Representative shall receive a minimum guaranteed salary of $___________ per month. With respect to commissions received by Broker from customers assigned to Sales Representative , Broker shall pay Sales Representative as follows: 1. _____% of commissions for sale of real property. 2. _____% of commissions for lease or rental of property. 3. _____% of commissions for purchase of property. For other services which Sales Representative may be called on to perform, he shall receive such compensation as the parties may determine. B. Notwithstanding the compensation determined above, Sales Representative understands and agrees that other employees of Broker have similar rights to compensation, that Broker may find it in the best interests of the business to assign more than one sales representatives to a particular client or parcel of property, and that this practice may result in a claim by two or more of Broker 's sales representatives to compensation for the same commission. Sales Representative agrees that: 1. The schedule of compensation established above shall be subject to modification in these circumstances; and 2. The determination by Broker of the proper division of compensation payable as among several sales representatives shall be final and conclusive and shall be deemed by a Sales Representative to be the proper compensation payable in accordance with this Agreement. 4. Working Hours Sales Representative may set his own hours of employment. Sales Representative shall not be required to work at any particular time, but may be prevented from working by Broker whenever Broker finds it necessary to divide the amount of available work between or among available sales representatives. 5. Relationship Between Parties A. Broker shall not be liable to Sales Representative for any expenses incurred by Sales Representative or for any of Sales Representative 's acts. B. Sales Representative shall not be liable to Broker for office help or expense. C. Sales Representative shall have no authority to bind Broker by any promise or representation unless specifically authorized in a particular transaction. D. Any legal proceedings for commissions shall, in compliance with applicable law, be maintained only in the name of Broker , and Sales Representative shall be construed to be a subagent only with respect to the clients and customers for whom services shall be performed, and shall otherwise be deemed to be an independent contractor and not an employee, joint adventurer, or partner of Broker . 6. Unauthorized Use of Information Sales Representative shall not, at any time, divulge to any unauthorized person, corporation, or other entity information gained by him from the files or business of Broker . After the termination of this Agreement, Sales Representative shall not use any such information to his own advantage or to the advantage of any other person, corporation, or other entity. 7. Termination A. This Agreement, and the relationship created by this Agreement, may be terminated by either party at any time on ______ days' written notice to the other party. B. The rights of Sales Representative to any commissions that accrued prior to such notice shall not be divested by the termination of this Agreement. 8. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 9. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of __________________. 10. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 11. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 12. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 13. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 14. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 15. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 16. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. In this contract, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ___________________________ (Name of Broker) ________________________ By: __________________________ (P rinted name) __________________________ (P rinted name & Office in Corporation) _________________________ __________________________ (Signature of Sales Representative) (Signature of Officer)