purpose: the purpose of the “work made for hire”/assignment language is to have the sales licensee grant to the broker the rights necessary for the broker to use the copyrighted elements. options: the document includes an option for language to assign listing content from an existing broker of a sales licensee to a new broker. when a sales licensee leaves a broker and moves to another broker, the new broker needs an assignment of the listing content, regardless of whether the listing agreement is assigned to the new broker.
if attached, the independent contractor agreement should make reference to the attachment and state that the attachment is “incorporated by reference.” if the independent contractor agreement does not define the listing broker as “broker” and the sales licensee as the “sales licensee,” the references in the language to broker and sales licensee should be modified accordingly. notes: the last paragraph includes indemnification from the sales licensee to the listing broker, and a note that the sales licensee must obtain assignments from the authors of any copyrighted elements being assigned to the listing broker by the sales licensee. when a broker or mls assigns or licenses rights in a copyrighted work, the transferee will likely require a representation and warranty from the broker or mls that the copyrighted work is an original work of the broker or mls, or the broker or mls has otherwise obtained all of the rights necessary to grant the assignment or license.
while it’s common to say that you work for your broker, it’s a bit more accurate to say you work under your broker, for while it can often seem like your broker is your boss, you are in fact an independent contractor, and not an employee of either the broker or the agency for which you work. rather this is a point of negotiation when a broker tries to get a listing, and what the commission percentage will be, must be clearly laid out in the listing agreement. when a salesperson has participated in a completed transaction, any commissions or fees are paid to the broker, and then the broker will pay the salesperson. in the last lesson we touched on the fact that a salesperson is not an employee of a broker or an agency, but is in fact an independent contractor. this is one of the reasons why it’s so important that a salesperson and their sponsoring broker make an independent contractor agreement.
when you think of the fact that it is you, and not the broker you are working under, who is in control of all of the actions you take in the real estate industry, it’s a good idea to think of your career in real estate as not a job, but as a business, your business. because there are not nearly so many regulations that define the different aspects of a relationship in an independent contractor situation, it’s extremely important to take the time and carefully define what the independent contractor is as well as whom the client is and what each expect from each other. it is a requirement to show that the agent is not an employee. money matters and it is with the independent contractor agreement where it is laid out how a salesperson is paid by their broker. in the agreement, there should be a clause laying out the logistics in order to make that separation as simple as possible.
note: this form is used by an employing broker when entering into an agreement employing a sales agent or a broker- associate on terms calling for income tax a real estate broker is required to have a written employment agreement with each licensee acting on their behalf — available on audit by the a real estate agent independent contractor agreement is a contract between a real estate company and a salesperson (“agent”) that details the commission, broker salesperson independent contractor agreement, broker salesperson independent contractor agreement, sample agreement between broker and agent, real estate broker/agent commission split agreement pdf, commission agreement between broker and agent.
broker is duly licensed as a real estate broker, and is duly qualified to, and does, procure the listing of real estate for sale and lease, and does procure. associate-licensee: associate-licensee represents that he or she is duly licensed by the. state of california as a real estate broker or salesperson, name of agreement: agent independent contractor: “work made for hire”/assignment language. parties: listing broker and sales licensee., independent contractor agreement between broker and associate, real estate broker agreement pdf, freight broker agent agreement template, real estate independent contractor agreement pdf, keller williams independent contractor agreement, california real estate broker agent agreement, real estate agent independent contractor agreement new york, independent contractor agreement between broker and associate california, independent contractor agreement between broker and associate florida, california real estate agent independent contractor agreement.
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