Fill and Sign the Referral Commission Agreement Form

Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker Agreement made on the _______________ (date), between ____________________ (Name of Broker) of ___________________________________________________________ ______________________________ (street address, city, state, zip code), referred to herein as Broker, and ______________________ (Name of Sales Representative), of ___________ ____________________________________________________________________________ (street address, city, state, zip code), referred to herein as Sales Representative. Whereas, Broker is in the business of Brokering real estate loans and desires to engage Sales Representative to perform services on a continuing basis pertaining to such business; and Whereas, such services are generally originating real estate loans; and Whereas, Broker desires to retain Sales Representative to perform such services under the terms and conditions set forth in this Agreement; and Whereas, Sales Representative desires to perform such services under the terms and conditions set forth in this Agreement; 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. Retaining Sales Representative Broker hereby retains Sales Representative to perform the services described above under the terms and conditions set forth in this Agreement. 2. Relationship of PartiesA. Sales Representative is an independent contractor and is not an employee, agent, partner or joint venturer of Broker. Broker shall determine the services to be provided by Sales Representative, but Sales Representative shall determine the legal means by which it accomplishes the services in accordance with this Agreement. Broker is not responsible for withholding, and shall not withhold or deduct from the commissions FICA or taxes of any kind, unless such withholding becomes legally required. Sales Representative is not entitled to receive the benefits which employees of Broker are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of his services to Broker.
signature title date 1 2 3 4 5 3. The services of sales representative to broker may be performed by sales representative at its regular office or by any other location within the state. The services of sales representative in connection with a lease, or otherwise in the business of brokering or providing real estate sales services, may be performed by sales representative at sales representative's own place but not at broker's office: (a) where broker's office is located; or (b) where broker's office is operated on behalf of a broker by a non-resident of this state. 4. Sales representative is not entitled to receive the benefits which employees of broker are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or social security on account of his services to broker. 5. Sales representative shall not take part in the activities of broker except under the following circumstances: (a) in connection with the performance of professional services for broker or in another capacity not involving actual physical contact with other persons; (b) in connection with the sale of residential properties, where sales representative is providing professional real estate services, which includes the preparation of the real estate sales contract and the preparation and negotiation of all related records with respect the sale of such properties; or (c) on an as-needed or short-term basis and in accordance with the terms and conditions of such activity. 6. Sales representative shall not use broker's name or broker's logo or any of the broker's marks, including those on any materials sold by broker, of any kind on any website which purports to be or promote the sale of real estate. 7. No broker shall be held liable for damage to, or loss of profits suffered by, sales representative arising out of the performance of any services by sales representative pursuant to this agreement. 8. The parties agree that nothing in this agreement, either express or implied, shall be construed to allow broker to exercise in any manner whatsoever, or to authorize broker to use an independent contractor's title in any transaction in which such independent contractor does not have the legal authority to act as such in this state; or to limit or restrict to any extent the right of broker to enter into agreements with non-lawyer independent contractors; or to restrict or limit broker's rights to negotiate real estate sales contracts with clients for use by those clients solely under such terms and conditions as broker reasonably deems to be in.