Partner Plan – Independent Contractor Agreement
Independent Contractor Agreement between Broker and Associate
Urban Select Realty ("Broker") is licensed as a real estate broker in the State of Florida and performs 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.
(“Associate”) is licensed as a sales associate or broker associate with (license number SL:
) in the State of Florida and is properly qualified to deal with the public as such.
Effective on the day of this document's last signature ("effective date"), Broker and Associate agree to associate pursuant to the following terms and conditions.
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 venturer, 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 her/his own estimated income tax payments, self-employment taxes, occupational taxes, and other taxes, if any, to the appropriate governmental entities. 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 her/his best efforts to procure real estate-related business forBroker and will conduct her/his 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.
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.
Broker and Broker's company 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.
a-2) Office Policy Manual:
Broker maintains an office policy manual. Associate has reviewed it at http://joinurban.info/policy-manual/ and agrees to comply with the manual and such modifications, addenda, and changes as may be incorporated therein from time to time.
b - 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.
c - 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.
d - 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.
e - 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.
f - 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 $10,000 for personal injury protection liability and insurance in the minimum coverage amount of $100.000 for bodily injury liability and insurance in the minimum coverage amount of $100,000 for property damage liability and other expenses incidental to performing Associate's duties without receiving any reimbursement from Broker. Broker will be named as an additional insured in all such policies.
g - Indemnification:
Associate will indemnify and hold 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.
3. Broker Responsibilities:
a- Access to Listings: Broker will provide Associate with access to all current listings of Broker and listings made available to Broker through offers of cooperation, except those listings that Broker, in her/his/its discretion places exclusively in the possession of another associate.
b- Access to Facilities:
Associate may use Broker's available existing office facilities for the performance of Associate's duties as described above. Use if the facilities may have an additional cost, please refer to office policy manual for details.
Broker will negotiate all terms and conditions of fees charged clients, including but not limited to the amount and payment date. 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 or in Broker's office policy manual, if any. 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.
c.1- Amount; Payment:
When Associate performs any brokerage service for Broker and Broker earns and collects a fee for such service, Broker will pay Associate within 1 days after the funds are collected and have cleared as follow:
Percentage to Associate
Type of Transaction
Business Brokerage, Commercial Sales or Leases
Closed with leads provided by Broker
Associate requires mentoring from Broker
c.2- 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 a seller or listing office offers a premium, bonus, or other incentive, if such premium, incentive, or bonus is in the form of money, then 85% of the incentive will be paid to 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.
Associate will be provided no minimum salary, vacation pay, sick leave, or any other fringe benefit.
c.5- 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.
c.6- Compensation after Termination of Agreement:
After termination of this Agreement, Broker will pay Associate any amount earned before termination less amounts owed to Broker and amounts Broker must pay another licensee to complete pending transactions for which Associate was responsible before termination.
4- Errors and Omissions Insurance:
Broker maintains Errors and Omissions insurance which coverage includes Associate. Associate will pay a portion of Errors and Omissions coverage as follows: Deductible on claims.
5- Term; Termination:
This Agreement will be in effect for 1 year(s) from the effective date and will renew automatically until terminated by either party. Either party may terminate this Agreement by 30 days' advance written notice to the other party. Broker may terminate this Agreement without notice 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 her/his 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 Broker's property to Broker with no copies made or retained by Associate.
6 - 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, if any, are considered confidential property of Broker. Associate will take reasonable steps and use due care during the term of this Agreement and after its termination to prevent the duplication or disclosure of confidential information, other than by or to Broker's employees or agents who must have access to the information to perform their duties for Broker.
7 - 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. Arbitration: Any dispute not resolved by mediation will be settled by neutral binding arbitration in accordance with the rules of the American Arbitration Association or other arbitrator agreed upon by the parties. Each party to any arbitration or litigation (including appeals and interpleaders) will pay its own fees, costs, and expenses, including attorneys' fees at all levels, and will equally split the arbitrators' fees and administrative fees of arbitration.
8 - Additional Terms:
Broker does not uses escrow/trust account - Refer to Office Policy Manual for instructions on handling Earnest Money Deposits.
Associates are not allowed to conduct Property Management - Broker offers property management services and will offer associates referral fees..
Broker shall pay associate on the same day upon commission funds clear on Broker's account via ACH assuming Associate has Provided Broker with required documents - Refer to Office Policy Manual for details.
Associate must be an member of the Miami Association of Realtors or transfer to this association signature of this agreement
State of Florida Department of Business and Professional Regulation Florida Real Estate Commission Change of Status for Sales Associates and Broker Sales AssociatesForm # DBPR RE 11
Check the box for the relevant transaction in Section I and complete the applicable additional section(s)only. Leave the sections that are not relevant to your desired transaction blank. If you have anyquestions or need assistance in completing this form, please contact the Department of Business andProfessional Regulation, Customer Contact Center, at 850.487.1395.For additional information see Instructions at the end of this form.
Section I – Transaction Type - X - Add Employee
Section II – Associate Information
Primary Phone Number:
Primary Email Address:
Section III – Broker or Company Information
Name: Jose Miori
License number of real estate company:CQ1046850
Name of real estate company:URBAN SELECT REALTY
Primary Phone Number: 754-400-1566
Primary E-Mail Address:[email protected]
Signature of qualifying broker that is adding or terminating employee: SEE BOTTOM SIGNATURE PAGE
Section IV – Affirmation By Written Declaration
I certify that I am empowered to execute this application as required by Section 559.79, Florida Statutes. Iunderstand that my signature on this written declaration has the same legal effect as an oath oraffirmation. Under penalties of perjury, I declare that I have read the foregoing application and the factsstated in it are true. I understand that falsification of any material information on this applicationmay result in criminal penalty or administrative action, including a fine, suspension or revocationof the license.
( Remember you can only act as a company if your license is on the company name and it has to be your name and the PA suffix)
Check appropriate box:
We will mail your 1099 forms to this address:
PART I - Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social security number or Requester’s name and address (optional) Note. Employer identification number If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter.
PART II - CERTIFICATION
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and
3.I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4
See original IRS Document here:https://www.irs.gov/uac/about-form-w9
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Document Name: Partner Plan – Independent Contractor Agreement
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