NAPLES REALTY SERVICES, INC.
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT made this ______day of _________,200__, between
NAPLES REALTY SERVICES, INC., a Florida corporation, (hereinafter
referred to as "BROKER") and _____________________(hereinafter referred
to as "CONTRACTOR").
RECITALS
A. WHEREAS, BROKER is duly licensed as a real estate broker in the State
of Florida and maintains an office or offices therein and does act as a
broker to the fullest extent provided by law, and
B. WHEREAS, CONTRACTOR is duly licensed by the State of Florida as a
__real estate salesperson, __broker/salesperson, or __ broker; whose real
estate license # is __________ and
C. WHEREAS, BROKER and CONTRACTOR desire to establish an independent
contractual relationship to engage in real estate brokerage transactions
for their mutual benefit and in accordance with the laws of Florida.
AGREEMENTS
NOW THEREFORE, in consideration of the mutual agreements herein contained
the parties covenant and agree for themselves as follows.
1. Incorporation of Recitals. The parties agree that the above recitals
are true and incorporate them as part of this agreement.
2. AGREEMENTS BY BROKER
BROKER agrees to make available to CONTRACTOR all current listings in the
office and agrees to assist the CONTRACTOR in his/her work by advice,
instruction and cooperation in compliance with the mandates of Chapter
475 of the Florida Statutes, Rules of Florida Real Estate Commission,
Code of Ethics of the National Association of Realtors Board and Rules of
Naples Area Board of Realtors and M.L.S of Naples, Inc.
BROKER agrees to provide an office or offices equipped with furnishings,
staff and support systems customary in the operation of a real estate
brokerage business for the use of CONTRACTOR with others.
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3. AGREEMENTS BY CONTRACTOR
CONTRACTOR agrees to conduct himself/herself in conformance with all
laws, rules and regulations of the State of Florida and Federal laws,
rules and regulations of The Realtor's "CODE OF ETHICS AND STANDARDS OF
PRACTICE" and specifically and separately agrees to be bound by and
conduct business in conformance with the guidelines recited in the NRSI
Policies and Procedures Manual and any Addendums or Revisions hereto.
The P&P Manual by reference is hereby made a part of this Agreement and
takes precedence in event of any conflict between this agreement and
P&P.
CONTRACTOR agrees to the role as Sub-Agent to the BROKER in all
matters, as defined by Chapter 475 of Florida Statutes and all Rules
promulgated by Florida Real Estate Commission.
CONTRACTOR agrees to maintain his real estate license current, including
attendance of continuing education, and is obligated to pay all license
fees, association fees, membership fees and costs related thereto.
CONTRACTOR agrees to BROKER direction of any/all legal defense or legal
proceedings involving the real estate related activities of Contractor.
CONTRACTOR agrees to provide BROKER with copies of all completion
documents for post license educational requirements without demand.
CONTRACTOR agrees to maintain automobile, public liability and property
damage insurance with minimum liability limits of $100,000 per person and
$300,000 per incident and provide BROKER with proof of the stated
coverage. The cost of insurance will be the responsibility of
CONTRACTOR.
CONTRACTOR agrees that he/she shall be liable for all costs incurred by
contractor, including but not limited to: the cost of advertising for
listings and sales, long distance phone charges, entertainment costs,
paging system, postage, courier fees, attorneys fees, abstract fees,
recording costs, search fees and appraisals. License maintenance fees
and all expenses incurred by CONTRACTOR shall be paid promptly upon
presentation of a Monthly Statement by Broker. Unless other arrangements
have been made, Broker shall deduct past due fees and/or expenses from
incoming commissions without further notice or exchange checks for the
delinquent amount. CONTRACTOR shall have no authority to bind the BROKER
by any of his/her acts, promises, agreements or representations or to
encumber BROKER or its property in any manner. In the event of any legal
action to recover a commission, the suit shall be maintained in the name
if the BROKER and the CONTRACTOR shall be construed to be a sub-agent
with respect to the clients and customers for whom services were
performed. Cost of any legal defense mounted for any reason shall be paid
solely by CONTRACTOR(S) INVOLVED IN THE LAWSUIT, AT DIRECTION OF E&O or
General Liability Risk Providers and subject to Policies and Deductibles.
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4. CONTRACTOR/BROKER RELATIONSHIP
The CONTRACTOR shall be an Independent Contractor, not an employee,
servant, joint venturer or partner of BROKER. CONTRACTOR will not be
treated as an employee for state or federal tax purposes and CONTRACTOR
agrees to pay for all federal, state, and local income and self-
employment taxes and other assessments required to be paid by CONTRACTOR
pursuant to law, and to that end is hereby made a part of this Agreement.
5. COMMISSIONS
CONTRACTOR may set the Brokerage fee charges for real estate services to
be performed CONTRACTOR upon full performance of real estate service and
collection of commission fees earned shall be paid 100% of the commission
less a Closing Services Fee as may be imposed by the Broker. All
commissions shall be deposited by BROKER in an escrow account established
solely for the purpose of commissions and shall be withdrawn only for
payment of commissions when due. In the event that two or more
CONTRACTORS participate in such a service, the amount of the commission
shall be divided between the participating CONTRACTORS according to
agreements between them, which have been previously submitted in writing
to the BROKER. In no event shall BROKER be liable to CONTRACTOR for any
commission or for any financial penalty to which the CONTRACTOR was
subjected.
6. TERMINATION
This AGREEMENT is in force for one year term commencing on the date of
execution with automatic renewal for one year periods thereafter.
However, either party may terminate this agreement by the following:
BROKER may terminate CONTRACTOR immediately by a majority vote of the
Board of Directors of BROKER. CONTRACTOR may terminate by written
resignation to the BROKER which shall be effective in 30 days. In the
event of termination, BROKER may retain the security deposit and license
maintenance fees until reasonable determination by BROKER that all
obligations of CONTRACTOR have been fully paid, but in no event shall
BROKER hold such monies longer than 60 days without making a full
accounting to CONTRACTOR. Upon CONTRACTOR'S written request BROKER shall
release all "Exclusive Right to Sell" listings of CONTRACTOR to another
BROKER of CONTRACTOR'S choice. CONTRACTOR shall be entitled to a
commission on a transaction only if a valid written executed sales
contract exists prior to the date of termination and only if said
commission is collected by BROKER on behalf of CONTRACTOR. BROKER is
obligated by Florida Statute to EITHER immediately transfer all
Rental/Lease Contractors, files and Escrowed Deposits to new Rental
Agent, (CONTRACTOR'S new broker) OR BROKER may unilaterally TERMINATE
position as Rental Agent by notice of Landlord(s) with transfer of all
Contracts, files, and Escrowed funds, or BROKER may remain as Rental
Agent and assign all Contracts, files and CONTRACTOR responsibilities
INCLUDING COMMISSIONS to another Contractor of BROKERS choice, which
action shall occur in event CONTRACTOR a) Loses license status, b)
Demises or c) Fails to promptly place license with another BROKER.
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7. LICENSE MAINTENANCE FEE & CLOSING SERVICE FEES
CONTRACTOR shall pay to BROKER a License Maintenance Fee on a monthly
basis according to the Fee Schedule determined by the Board of Directors
from time to time. CONTRACTOR shall also pay to BROKER a Closing Services
Fee as may be determined from time to time by the Board of Directors.8.
ERRORS & OMISSIONS AND GENERAL LIABILITY INSURANCE
BROKER shall maintain insurance protection for the BROKER and for each
CONTRACTOR for claims resulting from errors or omissions or other covered
acts in the performance of duties related to real estate. CONTRACTOR
shall pay a fee according to a schedule of fees determined by the Board
of Directors of BROKER.
a. BROKER maintains membership in the National, Florida and Naples
Boards/Associations of Realtors, which membership requires similar
membership by CONTRACTOR, the prompt payment for such membership shall be
paid by CONTRACTOR and maintained by CONTRACTOR as a condition of
utilizing BROKER'S services.
9. INDEMNIFICATION
CONTRACTOR shall indemnify and hold BROKER harmless from any and all
claims, costs, liabilities, and judgments, including attorney's fees of
any kind arising from the intentional, unintentional or negligent acts of
the CONTRACTOR.
10. ENTIRE AGREEMENT, AMENDMENTS & GOVERNING LAW
The foregoing constitutes the entire agreement between the parties, all
representations or understanding have been incorporated herein or
otherwise superseded. No change or modification of this agreement shall
be valid, unless the same shall be in writing and signed by all parties
hereto. This agreement shall be governed by and interpreted pursuant to
the laws of the State of Florida.
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IN WITNESS WHEREOF this Agreement has been executed by the parties
hereunder.
NAPLES REALTY SERVICES, INC.,
A Florida Corporation
Date:__________________ By:___________________________________
Xxxx X. Xxxxxxxxx, , President
"BROKER"
Date:__________________ By:__________________________________
"CONTRACTOR"
Address:_______________________________
______________________________________
Phone:________________________________
SS#:__________________________________
Visa/Mastercard#_______________________________
Name (as on card-please print)_____________________________
Expiration Date___________________________
Signature______________________________
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