Free Broker Agreement Template
Broker Agreement
This Broker Agreement ("Agreement") is made and entered into by and between [YOUR COMPANY NAME], a corporation, with its principal office located at [YOUR COMPANY ADDRESS] ("Company"), and Jeremy Marvin, an independent contractor, with a principal place of business located at Omaha, NE 68101 ("Broker"). This Agreement shall be effective as of January 1, 2055.
I. PURPOSE
The purpose of this Agreement is to set forth the terms and conditions under which Broker will act as an independent agent for the Company to solicit and secure transactions, sales, or business opportunities on behalf of the Company in accordance with the provisions of this Agreement.
II. DEFINITIONS
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Broker: Refers to the individual or entity engaging in this Agreement with the Company to act as an intermediary for sales, business opportunities, or transactions.
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Company: Refers to [YOUR COMPANY NAME].
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Commission: Refers to the compensation paid to the Broker for services rendered as described in this Agreement.
III. APPOINTMENT
The Company hereby appoints the Broker, and the Broker hereby accepts such appointment, to act as an independent contractor for the Company with respect to the solicitation and securing of sales or business opportunities in the field of real estate.
IV. SCOPE OF SERVICES
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Broker’s Responsibilities:
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Solicit potential clients or customers for [YOUR COMPANY NAME]’s real estate services.
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Present [YOUR COMPANY NAME]’s listings, properties, and services to potential clients or customers.
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Assist the Company in closing transactions or contracts as agreed upon.
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Provide updates to the Company on leads, proposals, and sales opportunities.
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Company’s Responsibilities:
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Provide the Broker with necessary information, training, and materials required for successful solicitation.
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Support the Broker in obtaining necessary contracts or agreements for finalized transactions.
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Ensure that the Broker receives the agreed-upon commissions for successfully completed transactions.
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V. COMMISSION AND PAYMENT
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Commission Structure: The Broker shall be entitled to a commission of 5% on all sales or transactions directly resulting from the Broker’s efforts.
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Payment Terms: Commissions will be paid on a monthly basis, within 15 days after the end of each applicable period, subject to the receipt of payment from the client or customer.
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No Additional Compensation: Except for the commissions outlined herein, the Broker shall not be entitled to any other form of compensation or reimbursement from the Company.
VI. INDEPENDENT CONTRACTOR RELATIONSHIP
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Independent Status: The Broker is an independent contractor, and nothing in this Agreement shall be construed to create an employer-employee relationship, a partnership, or a joint venture between the Company and the Broker.
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No Authority to Bind Company: The Broker does not have the authority to bind the Company to any contracts, agreements, or obligations without prior written consent from the Company.
VII. TERM AND TERMINATION
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Term: This Agreement shall be effective as of the date set forth above and shall remain in effect until terminated by either party in accordance with the provisions of this section.
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Termination: Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party at least 30 days in advance of the desired termination date.
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Survival: Any provisions that by their nature should survive termination or expiration of this Agreement, including but not limited to those related to confidentiality and commissions due, shall survive.
VIII. CONFIDENTIALITY
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Confidential Information: Both parties agree to maintain the confidentiality of proprietary or confidential information disclosed during the term of this Agreement. Such information includes, but is not limited to, customer data, pricing models, business plans, and any other sensitive materials.
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Obligations Upon Termination: Upon termination of this Agreement, the Broker agrees to immediately return all confidential materials to the Company and shall not use such information for personal gain or to the detriment of the Company.
IX. LIABILITY AND INDEMNIFICATION
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No Liability for Acts of Broker: The Broker acknowledges that they are acting as an independent contractor, and the Company is not liable for any acts or omissions of the Broker in connection with the performance of this Agreement.
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Indemnification: The Broker agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any and all claims, liabilities, damages, or expenses arising out of or in connection with the Broker’s actions, including but not limited to breach of this Agreement or any unlawful acts.
X. DISPUTE RESOLUTION
In the event of any disputes, controversies, or claims arising out of or relating to this Agreement, the parties agree to resolve such matters through mediation under the rules of the American Arbitration Association. The location of any such proceedings shall be Douglas County, Nebraska, and the language of the proceedings shall be English.
XI. MISCELLANEOUS
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Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, representations, or understandings.
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Amendments: Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
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Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the state of Nebraska, without regard to its conflict of laws principles.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
Name: [YOUR NAME]
Title: Chief Executive Officer
Date: January 1, 2055
Name: Jeremy Marvin
Title: Broker
Date: January 1, 2055