This Independent Contractor Agreement (this “Agreement”) and Office Policy is hereby made and entered
this day by and between Oakstrand Realty, (“Broker”), a Real Estate Brokerage Firm, is supervised and
managed by the qualifying Real Estate Broker on record with the department of business regulations of the
State of Florida.
The present Florida Real Estate Sales Associate or Broker Sales Associate (“Agent”) transferring
valid Florida Real Estate license with the State of Florida, with the license number as entered
electronically, or manually, at the time of transfer.
By transferring your Florida Real Estate License with our office, you hereby acknowledge and agree to
terms of this Agreement.
Starting at the time of license transfer, either manually or electronically, the Broker and Agent agree
the following terms:
A. License activation: Agent hereby acknowledges and agrees that the Broker may refuse
accept the transfer of license, and/or activate the Agent’s license after reviewing Agent’s online
application, in the case, but not limited to, a past or existing claim or a sanction recorded by the
Department of Business Professional Regulation, or the Florida Real Estate Commission, or for any reason
deemed reasonable by the Broker. In the case of refusal, the Agent’s registration fee will be refunded in
full to the Agent. Any termination by Broker, after the Agent’s Real Estate license has been transferred
will not qualify for refund by the Broker.
B. Employment status: Agent hereby acknowledges and agrees to be an independent sales
associate or independent contractor, of the Broker. They will perform Real Estate activities in compliance
with Florida Law and Chapter 475. Agent is not considered an employee of the Broker, and he will not be
treated as such for health benefits, Federal or State Taxes, or any other benefits typically associated with
an employee. Agent is responsible for paying his own income taxes, occupational taxes, local business taxes,
self-employment taxes, and/or any other taxes, if any. No monies shall be withheld from the commissions due
to the Agent, and no worker’s compensation will be provided. Agent shall receive the total amount of the
agent’s commission share due without any withholdings; unless specifically requested by tax authorities or
third parties, to collect a debt. Agent shall not receive, any form of payment or benefit other than the
amount of commission due per closed and paid transaction that they bring to the Broker. Agent understands
that as an independent contractor he shall not receive any benefit or minimum wage from the Broker. Agent
has no authority to bind the Broker, unless specified in writing by the Broker. Agent is solely responsible
for all fees related to conduct his/her business including marketing fees, transportation, fines, and/or
insurance without any exception. Agent shall insure all transportation used to conduct business according to
C. Agent’s responsibilities: Agent hereby acknowledges and agrees to work in
follow Florida Real Estate Laws, Federal Laws and any rules and regulations attached to the exercise of this
activity. Agent shall also comply and follow the Broker’s Office Policy Manual, as part of the present
agreement. Agent hereby acknowledges and agrees to follow and respect Fair Housing laws and principles, and
understand that the non-failure to comply is grounds for the Broker to terminate this agreement without any
refund of the registration fee.
D. Education and License Renewal: It is the Agent’s full responsibility to complete
required continuing education and pay for the fees, fines, or any dues related for maintaining a valid and
active status. Broker has no responsibility or obligation regarding the Agent’s licenses, fees or renewal
E. Supervision of the Broker: Agent shall act and perform as an independent contractor
without Broker’s supervision, except for what is required by Chapter 475; for which Agent is working under
Broker may at any time and without any particular reason, launch an internal audit regarding Agent’s
current transactions. The formal request will be made by certified mail to Agent’s mailing address, as
registered with the Florida DBPR.
Agent will comply with Broker’s requests and will provide all documents related to the transactions
but not limited to emails with parties involved in the transactions, text messages and any other document
either audio, video, in writing or contained in any electronic support related to the transactions. Refusal
from Agent to fully comply with Broker’s request in a timely manner will authorize Broker to hold the
payment of any commission due to Agent, even the ones not related to the transactions for which Broker
requested an audit, and the immediate repayment to Broker of any commission already paid by Broker to Agent
for which Agent did not cooperate fully to Broker’s inquiry.
Refusal or voluntarily omission from Agent to fully comply in writing with Broker’s request for
within 30 calendar days after reception of the certified mail authorizes Broker to keep the entire amount of
the commission and to dispose of it, as he wants.
If it appears that Agent is not the procuring cause in a transaction or if Agent refuses to comply
Broker’s written request to establish that Agent is the procuring cause, or if Agent has lied on the
“closing questionnaire form”, Broker will keep the entire amount of the commission and will be disbursed at
the broker's discretion.
F. Communication, training and support: Agent hereby acknowledges and agrees that
supervision, and communication, does not include phone, or one-on-one support, but rather electronic support
through emails and other electronic means.
The Broker, at Broker’s discretion only, shall determine to initiate one-on-one or phone contact with
Agent understands and accepts that electronic communication may not be as direct as phone, or one-on-one
contact, and accepts possible delays in Broker’s response.
Agent accepts to search the "Independent Contractor Agreement & Office Policy", "Training Materials",
Library" and "Knowledge Base" sections on the provided Online Back Office before contacting the Broker.
Agent shall follow the mandatory training on the website before contacting Broker, and search the Q&A
database before directing questions to Broker.
Agent shall contact the attorney in charge of a transaction while in a transaction, rather than
the Broker, as it is our intention to place Agent and customers under attorney’s legal authority and
liability during the course of a transaction to better protect the customers and Agent.
Agent shall keep a fully functioning email address, and accepts that the email address communicated at
of registration is to be the primary mean of communication with Broker. Agent must inform Broker of any
change of email with 24 hours. Broker is not responsible if communication is not received properly due to
Agent’s email not functioning, or for any other reason.
G. Updated information and communication: Agent hereby acknowledges and agrees to
up-to-date records and contact information with the State of Florida and the Broker, including, but not
limited to, phone number, email address, and physical address.
Broker is not responsible for financial loss, or cost of replacement, in case of Broker’s change of
Agent may have to modify, change or replace all print, marketing documents and all documents, where Broker’s
address is mentioned, at Agent’s sole cost. (Note: It is strongly encouraged that the Agent not mention the
Broker’s physical address on marketing documents, but rather only the Broker’s website and phone number).
H. Escrow and monies: Agent hereby acknowledges and agrees that the Broker will not
escrow account, and will not offer escrow facilities for Agent’s customers, under any circumstance.
Therefore, Agent agrees not to collect any monies in Agent’s name, or in the Broker’s name. Any monies
related to any type of transaction are to be payable and held in the escrow account of a Licensed Title
Company, or in the Trust Account of a Florida Licensed Attorney at Law. Customer’s checks, or wire transfer,
should be made payable, and given not later than the next business day, directly to the Title Company, or
the Attorney in charge of the transaction.
I. Support and Facilities: Agent hereby acknowledges and agrees that the Broker has
obligation to offer or maintain facilities (other than the one required by Chapter 475), working space,
conference room, assistant, marketing or any other support, for the Agent, including but not limited to,
email with office domain name, printer, fax machine, desk, phone. Agent shall rely solely on the Agent’s own
resources, tools, workspace, and technical support of any kind, even when related to a current transaction.
In the event of visiting the office, Agent will need to make an appointment with Broker before visiting the
office. No office visit without prior appointment will be honored. Agent hereby understands and accepts
J. Prohibited activities: Agent acknowledges and agrees that the following are
prohibited without exceptions: all property management services, construction, remodeling or repair work for
customers, short-term rentals or vacation rentals. Agent shall not operate or manage properties for others
in any case. Agent shall not collect any monies for a third party, in regards to property management, and
will not manage any property vacant or occupied, or act on behalf of any property owner, regarding
compensated or non-compensated property management services. Agent shall not conduct any work, remodeling,
repair of any kind on behalf of the owner of a property. Agent shall not ask for advance money from a
customer, and shall not advance money in regards to a real estate transaction, or property. Agent
acknowledges and agrees that this is violation to the Broker’s office policy, and the Broker may terminate
Agent’s relationship with the Broker, at the Broker’s discretion. Should the Agent advance monies to a
customer and violate the present Agreement, Agent will not ask Broker to withhold monies from customer, or
ask closing agent to do so.
Agent must conduct the renting, selling, or managing of their own real estate property independently
and not use our office or be affiliated with our brokerage if there is no commission paid or advertised. Since there
is no commission involved, the Broker will not participate in the transaction. The Agent should not identify
themselves as a salesperson for the Broker during any personal transactions that do not involve commission payments.
However, the Agent must disclose their real estate license to their buyer or tenant as required by law, but should
not mention the Broker's office name in any documents or business cards related to these transactions. In case of
any issues related to such transactions, the Broker will not be involved or provide any support.
K. Indemnification: Agent hereby acknowledges and agrees to hold the Broker and the
and all of its associates, partners, directors and employees, harmless from all claims, cost, expenses,
lawsuits, including all fees and/or whatever the nature. That includes, but is not limited to, acts of
negligence, misrepresentation, misconduct, non-respect of the present Agreement, or the present office
policy, violation of any law, rule, code, local, state or Federal.
L. Legal forms: Agent hereby acknowledges and agrees not to use any type of legal
forms, or any other forms, excepts for the ones offered in the Form Library of Broker’s "Online Back
Office". If a client is represented by a real estate attorney, Agent shall transfer the offer the same day,
to the buyer or seller’s attorney for review. Agent shall not offer advise, lecture or opine on an offer,
and will work only under the close supervision of the customer’s attorney. Agents shall always forward any
legally binding document(s) concerning Agent’s customer to the Florida Licensed Attorney in charge, and will
not return an executed binding document to the other party unless it has been fully reviewed and approved by
the customer’s attorney. Agent shall keep an up to date electronic folder in the "Online Back Office".
provided by the Broker. Agent shall have to create a new folder for each new customer, and keep this folder
accessible and updated at all times, to permit Broker to review it at any time. Details will be in the
training section of Agent’s profile. In order to ensure compliance and timely processing, all executed
documents must be uploaded to the "Online Back Office" using the transaction system within 48 hours of
execution. Failure to do so may result in a Non-Compliance Fee of $100 imposed by Oakstrand Realty for any
missing file, listing agreement, or contract that is 30 days past execution. This fee will be deducted from
the Agent's commission disbursement in accordance with our compliance policies. Agent hereby acknowledges
and agrees with this requirement.
M. Compensation: Broker is responsible to compensate the Agent, on a commission
each referred transaction closed, and not by the hourly time or entire time spent working on said
transaction. Agent shall receive 100% of the commission
anytime a referred transaction is closed and the Broker receives monies and once any outstanding balance for
dues, charges or fees to Oakstrand Realty are brought up to date. Agent shall arrange the Agent’s
commission, to be disbursed directly by the Closing Agent directly at the closing, and will inform and
supply the Broker of the executed contract, along with the transaction sheet sent to Broker the day a
contract is executed. Should the Closing Agent not authorize to pay the Agent at closing, Agent shall
receive the commission check, or wire, minus any bank fees, within ten (10) business days from the day the
brokerage commission payment has been received and cleared by the bank. Clearance means that the funds are
available to the Broker, including possible withholding of the funds by Broker’s bank, that the Agent
accepts. Broker will withhold commission payment to the Agent, or will ask Closing Agent to do so, until all
documents regarding the transaction are in the Broker’s hands, or electronically accessible and reviewed, to
ensure compliance with Florida Law and Chapter 475.
If the Agent decides to pay-out part of Agents’ commission to a party involved in the transaction, as
determined by Chapter 475, the amount of shared commission will be calculated from the Agent’s commission.
Only the Broker can order payment, or pay the third party, in respect to Chapter 475.
Broker will not co-operate with any “commission advance” program, service or companies.
Agent’s Buying or Renting own property: Since a commission will be paid, or is
a third party to be paid, Broker must be involved and Agent may not elect to purchase or rent a property
without disclosing and acting as a salesperson for the Brokerage.
Agent will not ask for part or the entire commission to be applied towards the purchase price. This is
violation of Chapter 475, since the commission belongs to the brokerage and not to the sales associate. Any
part of the commission used in any ways without Broker’s consent will be considered a violation of Chapter
475, and Broker will actively pursue it.
If a property is advertised with a commission to be paid, and is finally purchased or leased by Agent
Agent is associated in the transaction or has financial interest in the transaction and the amount of the
advertised commission does not appear on the HUD, it is considered that the commission has been illegally
and without Broker’s consent applied directly towards the purchased price. It is exactly as if the
salesperson has been paid directly by the selling broker.
Agent can’t reduce the amount of a commission without Broker’s consent. The advertised commission to
belongs to Broker. Agent will seek Broker’s approval to negotiate the amount of the commission. Should any
monies were to be given back to any parties involved in the transaction, it has to be done by the brokerage
only, or by the closing agent with the Broker’s authorization.
If Broker finds out that Agent has purchased a property or has an interest in the purchase of a
where part or the entire advertised commission amount has been applied towards the purchase price without
broker’s approval, Broker may have to report this violation to the Florida DBPR, and will pursue the selling
broker and the Agent, in payment of the entire amount of the commission plus legal and attorney’s fees.
In respect with Florida Law, Agent will select one the following options when Agent is also party of
transaction and when the payment of a commission is advertised or involved:
- 1. Deal normally and get paid the commission at closing.
- 2. Ask Broker for a letter to authorize the closing agent to apply Agent’s commission towards
N. Compliance: Agent hereby acknowledges and agrees to maintain, as directed by
“cloud” filing system (hosted by the internet service chosen by the broker), so that the Broker may, at any
time, without notification, look, search and review, the Agent’s “shared” cloud folders and access Agent’s
files. Broker will make reasonable effort to provide a free cloud service to Agent. Agent will maintain in
real time all his real estate files on the cloud, as directed by the Broker on the training section of the
O. Legal action against third parties: Agent hereby acknowledges and agrees that the
has no obligation to sue any third party to collect unpaid dues or commission to the agent. If Broker
decides to sue, all fees spent to collect such commission will be deducted before payment of the Agent’s
commission. If the Broker decides not to sue a third party, the Agent will not sue the Broker for damages or
any other type of compensation.
Broker may refuse to sign any form or contract, including but not limited to “Developer’s Broker
form”, “Co-Brokerage Agreement” or any other document that may not be to the best interest of the Broker or
may harm the Broker with legal or harsh financial consequences, in case of breach of contract. Agent accepts
this prerogative from Broker and will not pursue by any venues the refusal from Broker to sign such a
P. Errors & Omissions Insurance: On the event of a claim, Agent shall be responsible
deductible amount ($5,000) as specified on the provided insurance. Agent shall immediately notify Broker of any
circumstances likely to give rise to any kind of claim or complaint against Agent and/or Broker. In the
event of a claim, lawsuit, license complaint or Arbitration demand which is not wholly covered by insurance,
Broker may withhold from Agents’ commissions payable, an amount adequate to satisfy any amounts not covered,
which Broker shall place in its Claims and Disputes Retention Account, pending settlement or other
disposition of the matter. Broker may, in Broker's sole discretion, apply such sums as necessary to settle
or to satisfy any such claim or award, and Agents agrees to cooperate fully in this regard. Agent
understands that, from time to time, the Broker may deem it necessary to obtain legal consultation
concerning one of Agents transactions, Agent agrees to reimburse and indemnify Broker for any Attorney's fee
reasonably incurred by Broker to obtain legal advice concerning such transactions(s).
Q. Fees: Agent will pay a reoccurring administration fee of $50
annually to keep their license active with the brokerage.
The agent shall earn 100% of any commission earned less a transaction fee for each successfully
completed transaction. A transaction fee of 0.2% of the final sales price is to be paid to Broker with
each sales transaction. For purposes of this Agreement, the phrase "sales transaction" shall be defined
as the recording of the deed following the sale of real estate, where a commission is paid to Broker as
a result of the efforts of Agent. A transaction fee of $100 is to be paid to Broker upon the
execution by all parties of a lease, or a referral, where a commission is paid to Broker as a result of
the efforts of Agent. Agent agrees that Broker has the right to hold and/or apply any commissions
owing to Agent, as may be necessary to pay for or secure any obligations of Agent hereunder.
Agent hereby acknowledges and agrees to accept that any reoccurring administration fee is only to
Agent to have an active license and have the legal right to work according to Chapter 475. Any other tools,
training, support, or resources are not mandatory for the Broker, and are offered only on a complimentary
basis with no obligation from the Broker. Once the Agent’s License has been activated, transferred or
renewed with the Broker, the administration fee is not refundable under any circumstances. Any change of the
Agent’s license status, may require a new electronic registration on the Broker’s website, with payment of
the administration fee in full for the Agent’s license, to be active again with the Broker. The
administrative fee will be renewed automatically, unless requested by the Agent in writing at least ten (10)
business days in advance. When payment for the reoccurring administration fee has been processed, the
payment becomes non-refundable. The non-payment of the administrative fee may automatically change the
status of the Agent’s license to inactive. It is the Agent’s responsibility to verify that administration
fee payment has been made. The Broker has no obligation to inform the Agent that payment is due, or that
payment has not been made, or that Agent’s license has been changed to inactive status, due to non-payment
of the administration fee. The Broker can change the administration fee fourteen (14) days before
administration fee payment is due by Agent, however, the Broker must inform and get approval from the Agent
if the amount was to be changed.
R. Brokerage business model: If the Agent needs day-to-day supervision, regular phone
support, one-on-one training, physical supervision, access to physical facilities, offices, conference room,
computer, or regular access to the MLS, the Broker is not the most suitable brokerage for Agent. The Broker
will provide supervision and conform to Broker’s supervision as defined in Chapter 475, however, the Agent
needs to demonstrate a certain degree of independence and accept the Broker’s specific means of
communication, and address any questions or legal situations primarily to the Florida Licensed Attorney
representing the Agent’s customer.
S. Termination: This Agreement is valid and stays in force as long as the Agent has
active license with the Broker. This agreement terminates automatically when Agent’s License changes status,
whatever the reason, or if the Broker has no more broker of records and/or terminates its activity. In that
case, no reimbursement of any fee is due by the Broker, and the Broker will give no financial gain or any
type of compensation to the Agent.
T. Protection of Contractor’s Listings and Contracts: In the event that the Agent
terminate their contractual relationship with the Broker for any reason, all listings acquired by the
Contractor during the term of this Agreement shall be withdrawn and transferred to the Contractor's new
brokerage. This transfer shall be made without penalty, provided that any outstanding balance for fees owed
to Oakstrand Realty has been brought up to date.
In the event of any pending sales, they shall be referred to the Contractor's new brokerage with a
fee that matches the transaction fee payable to the "Broker". If no referral takes place, Oakstrand Realty
shall reassign the pending sale to another agent at the Broker's discretion, who will represent the client
and brokerage for the remaining duration of the transaction. In this case, the commission split will be
50/50 of the commission balance after deducting the transaction fee.
U. Changes to Fee Plan: Agent understands that Oakstrand Realty may offer alternative
to agents that have different recurring charges, transaction fees, or commission structures. The Agent may
choose to switch from their current plan to a different plan offering by giving written notice to the Broker
before the first day of any month. The new plan will take effect on the first day of the following month.
The Agent may only make this election once every 12 months.
V. Broker's Marketing Authorization: The Agent gives permission for the Broker to use
name, photograph, and/or closing information for promotional, email, and marketing purposes unless the
company receives a written request from the Agent to opt-out.
W. Do Not Call: The Agent is not allowed to solicit individuals on the Do Not Call
and it is the Agent's responsibility to verify all phone numbers against the list.
X. Changes to this Agreement: From time to time, we may change this Agreement. We
provide you with thirty (30) calendar days notice of material changes via either an announcement in the
online back office, or via an e-mail to your registered e-mail address or any other email address you
provide. It is your responsibility to check for any such notices. Your continued registration and license
with an active status with our brokerage after the effective date of the change constitutes your acceptance
of such changes.
Broker and Agent acknowledge electronic receipt and copy of this agreement and accept electronic
the present document effective at the time of online registration.