Independent Contractor Agreement - Florida
INDEPENDENT CONTRACTOR AGREEMENT - FLORIDA
The K Company Realty, LLC and its affiliated company The K Company Referral, LLC (Non-Board Affiliated) are licensed as real estate brokers in the State of Florida and perform acts designated within Chapter 475, Florida Statutes, enjoys goodwill and a reputation for dealing with the public, and maintains an office for the purpose of serving the public as a real estate broker.
Effective upon your acceptance of this agreement and all necessary documents and/or information has been received by The K Company Realty, LLC; you as the “Sales Associate” become an Independent Contractor for The K Company Realty, LLC. If you elect to have no Realtor Board or Realtor Association affiliation you will automatically be an associate of The K Company Referral, LLC and will not be required to have any Realtor board or association affiliation.
1. Employment Status. Broker retains Associate as an independent contractor to assist Broker in the performance of real estate-related activities. With respect to the clients and customers for whom service is performed within the scope of this Agreement, Associate will be construed to be an agent of Broker; otherwise, Associate will not be deemed a servant, employee, joint venture or partner of Broker for any purpose. Associate will not be treated as an employee for Federal tax purposes with respect to the services performed for Broker under this Agreement. Associate is responsible for paying his/her own estimated income tax payments, self-employment taxes, occupational taxes and other taxes, if any, to the appropriate governmental entities. Associate is responsible for all of their own business expenses including but not limited to licensing fees, Realtor association dues, etc. Broker will not withhold any taxes from compensation due to Associate, nor will Broker provide worker’s compensation insurance for Associate.
2. Associate Responsibilities. Associate will use his/ her best efforts to procure real estate-related business for Broker and will conduct his/her business in a reputable manner and in conformance with all laws, rules, regulations and codes of ethics that are binding upon or applicable to real estate licensees, and with Broker’s office policy manual and Independent contractor agreement herein. A. Compliance. Associate recognizes and acknowledges the obligation to keep abreast of all legal and other issues that affect the real estate industry as they may change from time to time. Associate will not commit any act that violates Florida real estate license law.
3. Fair Housing. Broker and Broker’s companies support and practice Fair Housing principles. Associate has been advised that failure to comply with Fair Housing principles will result in appropriate disciplinary action and possible termination of this Agreement. Associate warrants and represents that it is Associate’s intent to attend Fair Housing instructional programs, keep current on developments in Fair Housing as it affects real estate marketing and sales, and comply with the Fair Housing laws and regulations. Associate understands this acknowledgment, warranty and representation and agrees to it voluntarily.
4. Policy and Procedures Manual. In addition to this document, upon activation, Associate will receive a manual containing standard policies and procedure guidelines that associate agrees to comply with. Associate shall read and is encouraged to print a copy, and agrees to comply with the manual and such modifications, addenda and changes as may be incorporated therein from time to time. An updated version of this manual is made available to all agents at all times through the Agent Dashboard on Broker’s website.
5. License Renewal; Continuing Education; Dues. Associate will be responsible for timely renewing Associate’s real estate license and for completing all legally required continuing education in a timely manner and maintaining the records that evidence such completion as required by the Florida Real Estate Commission. Associate will be responsible for paying all license fees, membership dues and fines.
6. Broker Supervision. Associate will be deemed to be working under Broker’s supervision only to the extent required by Chapter 475, Florida Statutes. Associate will perform all activities, including those activities Broker requires Associate to perform, independently without Broker’s supervision or control.
7. Broker Property. Associate acknowledges that all pending sales and listings taken during the term of this Agreement are Broker’s property. All programs, forms, data, keys, manuals, signs and other paraphernalia relative to the business of Broker are Broker’s property, as are all documents and other items pertaining to transactions. Upon effective cancellation of this agreement, Associate may request to transfer his/her listings to another Broker and the request will be granted as long as the sellers agree and permit the transfer in writing.
8. Property of Others. In accordance with Florida law, Associate will deliver to Broker by the end of the next business day following receipt any funds or other items that a consumer has entrusted to Associate in connection with a real estate transaction.
9. Responsibility. Broker will not be liable to associate for any expenses incurred by Associate nor for any of Associate’s acts. Associate will have no authority to bind Broker by any promise or representation, oral or otherwise, unless specifically authorized in writing in a particular transaction. Suits, whether for fees or otherwise, against clients, customers and others in the real estate business will be maintained only in Broker’s name. Associate is responsible for providing all tools necessary to perform the duties outlined. Associate will also be responsible for providing Associate’s own automobile and is responsible for transportation expenses including insurance in the minimum coverage amount of what is required by the state of Florida. Broker will be named as an additional insured in all such policies.
10. Indemnification. Associate will indemnify and hold The K Company Realty, LLC, broker, its officers, directors and employees harmless from all claims, demands, suits, costs and expenses, including reasonable attorneys’ fees at all levels, of whatever nature and description to the extent based on Associate’s representations; acts; omissions; negligence; willful misconduct; or violation of laws, rules, regulations, codes of ethics, this Agreement or office policy manual. All costs and obligations incurred by associate conducting his/her independent business shall be paid solely by the associate, who will hold Broker harmless from any and all costs and obligations throughout the term of this agreement and beyond termination should any claim, demand, suit, cost, or expense arise from the period of time associate was affiliated with The K Company Realty, LLC or The K Company Referral, LLC.
11. Broker Responsibilities. Broker will negotiate all terms and conditions of fees charged to clients including but not limited to, the amount and payment date of commissions and fees. Broker will compensate Associate in proportion to Associate’s output with regard to real estate-related activities and not to hours worked by Associate. Such compensation will be solely through commissions as described below. In the event of conflict between Broker’s office policy manual and this Agreement, the terms of the office policy manual will prevail. Broker may deduct from Associate’s compensation any amounts due from Associate to Broker. When Associate performs any Brokerage service for Broker and Broker earns and collects a fee for such service, Broker will pay Associate within 3 days after the funds are collected and have cleared the companies banking institution.
12. Commissions and Fees: Associate will receive 100% of the earned commission minus $79.00 fee per commission per side and/or any past due invoices or expenses. In order to receive 100% of an earned commission, associate agrees to pay by credit card or ACH debit $79.00 per month, every month beginning the day the associate joined. The recurring payments will be debited on the same day the following months until the broker or associate terminates this agreement. Payments will be made promptly to associate only after the Broker has received a complete rental/sale file. If a party to the transaction or Listing Broker offers a premium, bonus, additional commission or other incentive, if such premium, incentive or bonus is in the form of money the bonus will be considered a separate commission and an additional $79 fee will be deducted from the commission. If the Associate is not current on their monthly dues the past due amount will be subtracted from the earned commission. All monthly fees are due the same day of the month the associate joined and are considered past due 5 days after such date if payment has not been received by Broker. It is the associate’s sole responsibility to ensure all payments are made on a timely manner and immediately report to the broker if a problem exists with the associate’s monthly payment method. There is no late fee or charge for the associate’s first late payment, however if it becomes habitual or occurs more than once broker will charge an additional $79 for late fees and charges for each late payment to cover administrative expenses.
a. Dividing Compensation with Other Licensees. If two or more associates participate in rendering a brokerage service to the public, or claim to have done so, Broker will determine, in Broker’s sole and absolute discretion, the amount of the fee due Associate. If such incentive is other than money (i.e., a cruise, trip, or other matter having economic value but not delivered in money), then such premium, bonus or incentive will go to Associate. If a non-monetary incentive goes to Associate, Broker will report the fair market value of the incentive as income to Associate, as Broker must collect and deliver the incentive to associate to preserve the respective legal positions of the parties.
b. Benefits. Associate will be provided no minimum salary, vacation pay, sick leave or any other fringe benefit.
13. Collection of Fees. Broker will not be required to prosecute or sue any party in order to collect any fee for services performed by Associate. However, if Broker incurs attorney’s fees and costs in the collection of or attempt to collect a fee, such amounts will be deducted from Associate’s commission in the same proportion as provided for herein in the division of the fee.
14. Commission Disputes: The K Company Realty, LLC can retain up to fifty percent (50%) of any disputed commission that requires corporate, Managing Broker, or management intervention to receive such commission. This includes but is not limited to disputes with other brokerages, buyers, sellers, developers, boards, etc. Agent agrees to reimburse The K Company up to $250 per hour to reimburse for any and all legal fees incurred or requested in regards to the agent’s disputed matter for legal counseling or advice review at the discretion of The K Company Realty, LLC Partner’s, Managing Broker or staff.
15. Compensation after Termination of Agreement. After termination of this Agreement, Broker will pay Associate any amount earned prior to termination less amounts owed to Broker and amounts Broker must pay another licensee to complete pending transactions for which Associate was responsible prior to termination.
16. Errors and Omissions Insurance. Broker maintains Errors & Omission insurance which coverage includes Associate. Associate understands that he/she is responsible for payment of the deductible amount for each claim on their behalf. The current deductible is $2500.00 and is subject to change without notice to Associates. Should any insurance claim arise as a result of Associate’s actions after the termination of this agreement, Associate understands they are responsible for any deductible and/or expense related to such claim.
17. Terms of Termination. Associate can cancel this agreement at any time by providing 30 days written notice. A manager of the company must acknowledge receipt of such cancelation and your automatic billing will be canceled after your next payment has been deducted. Broker may terminate this Agreement without notice at its sole discretion or for wrongful conduct by Associate. Failure by either party to maintain active licensure status pursuant to Chapter 475, Florida Statutes, will be deemed automatic termination. Associate will not, after termination of this Agreement, use to his/her own advantage, or to the advantage of any other person or entity, any information gained from the business of the Broker relating to property for sale, lease or rental, or Broker’s customers or clients. Upon termination of this Agreement, Associate will return all Brokers’ property to Broker with no copies made or retained by Associate.
18. Confidentiality. Associate acknowledges that Broker may disclose confidential information to associate during the course of this Agreement. Any such information that is or should be reasonably understood to be confidential or proprietary to Broker, including mailing lists, customer and client lists, sales, costs, unpublished financial information, product and business plans, projections, marketing data, computer data, computer programs and supporting documentation, and Broker’s office policy manual are considered confidential property of Broker. Internet practices, marketing, online workplace, every feature, practice and function of www.jointhekcompany.com and www.kcorealty.com, and any and all company websites are considered confidential information and practices of the broker. Associate will take reasonable steps and use due care during the term of this Agreement and for 60 months after its termination to prevent the duplication or disclosure of confidential information and practices.
19. Dispute Resolution: This Agreement will be construed under Florida law. All disputes between Associate and another associate in Broker’s firm will be resolved by Broker. All disputes between Broker and Associate will be mediated under the rules of the American Arbitration Association or other mediator agreed upon by the parties. The parties will equally divide the mediation fee, if any. In any litigation between Broker and Associate, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs at all levels.
20. Office Use and Keys: Our physical offices are available for use by all associates that have expressed consent from the broker. Keys and/or passwords to gain access to our offices may be granted upon request.
21. Computers: Company computers are for work related use ONLY! No personal emails allowed. If you do not use a company email address you must open your emails from your own personal computer. The K Co. reserves the right to open, observe and research all email and Internet activity on company computers or emails. ABSOLUTELY NO BROWSING RANDOM WEBSITES OR OPENING PERSONAL EMAILS. In the event a virus infects the computer the responsible party will be required to resolve the problem.
22. Conference Room Usage: The conference rooms are available on a first come first serve basis. You must contact an office staff member if you wish to reserve a conference room for a specific time.
23. Escrow: The K Company Realty, LLC does NOT maintain an escrow account. All escrow services are provided by our affiliate title company, Florida Title & Escrow Services, LLC Agents must reference our policy and procedures manual and follow the instructions for escrow deposits.
24. Modifications: Broker hereby retains the right, in its sole discretion, to adjust rules, requirements, dues & other fees or charges associated with this agreement with 30-days written or electronic notice.
25. BROKER PRICE OPINIONS (BPOs): By accepting this agreement and conducting Broker Price Opinions, Associate acknowledges the below clause labeled, BROKER PRICE OPINIONS (BPOs). Associate agrees to turn any and all paperwork originated from conducting BPOs and the BPOs themselves into the office the day they are completed.
BROKER PRICE OPINIONS (BPOs): Associate agrees they are conducting BPOs at their own risk and it is not encouraged by The K Company Realty, LLC unless the Associate has been certified or trained by a state recognized institution for conducting Broker Price Opinions. Associate will indemnify and hold The K Company Realty, LLC, broker, its officers, directors and employees harmless from all claims, demands, suits, costs and expenses, including reasonable attorneys’ fees at all levels, of whatever nature and description to the extent based on Associate’s representations; acts; omissions; negligence; willful misconduct; or violation of laws, rules, regulations, codes of ethics, any and all claims from Associate conducting Broker Price Opinions (BPOs). All costs and obligations incurred by associate conducting his/her independent business and/or the practice of Broker Price Opinions shall be paid solely by the associate, who will hold Broker harmless from any and all costs and obligations.
By accepting this agreement online during the registration process and signing electronically, you indicate you have read, understand and agree to be bound by this agreement. You also agree to the terms and conditions of the entire agreement with no modifications.
By accepting and signing this agreement electronically, I (Associate) hereby authorize The K Company Realty, LLC to charge the listed in your registration according to the terms outlined in this agreement. If the payment due falls on a weekend or a holiday, I understand that the payments may be executed on the following business day. I understand that this authorization will remain in effect until I provide a 30-day written cancelation request with acknowledged receipt from The K Company Realty, LLC and/or Manager for The K Company Realty, LLC. I understand my membership will be canceled after my last payment is due. I certify that I am an authorized user of this credit card and that I will not dispute the scheduled payments with my credit card company provided the transactions correspond to the terms indicated in this authorization form and independent contractor agreement document herein.
Please print a copy of this agreement for your records.
The K Company Realty, LLC
The K Company Referral, LLC