agent information sheet independent contractor agreement ... · 2525 so. pasadena ave. suite o so....

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2525 Pasadena Ave. Suite O So Pasadena, FL 33707 Phone 727-800-5906 - Fax 727-800-5907 www.luxuryandbeachrealty.com Thank you for choosing Luxury & Beach Realty, Inc. as your Brokerage Firm. We look forward to supporting you in your future success and the growth of your business. Ill Attached are the forms you need to join Luxury & Beach Realty, Inc. Please be sure to return all seven documents and either email, fax or hand deliver them to the corporate office located at 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is [email protected]. The fax number is 727-800-5907. Checklist Agent Information Sheet Independent Contractor Agreement Commission Structure Agreement Automatic Payment Authorization Copies of your driver’s license, social security card and real estate license DBRP Change of Status Form Office Policy Form W-9 Form

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Page 1: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

2525 Pasadena Ave. Suite O So Pasadena, FL 33707

Phone 727-800-5906 - Fax 727-800-5907

www.luxuryandbeachrealty.com

Thank you for choosing Luxury & Beach Realty, Inc. as your Brokerage Firm. We look forward to supporting you in your future success and the growth of your business. Ill

Attached are the forms you need to join Luxury & Beach Realty, Inc. Please be sure to return all seven documents and either email, fax or hand deliver them to the corporate office located at 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is [email protected]. The fax number is 727-800-5907.

Checklist

Agent Information Sheet

Independent Contractor Agreement

Commission Structure Agreement

Automatic Payment Authorization

Copies of your driver’s license, social security card and real estate license

DBRP Change of Status Form

L Office Policy Form

L W-9 Form

Page 2: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

2525 Pasadena Ave. Suite O So Pasadena, FL 33707

Phone 727-800-5906 - Fax 727-800-5907

www.luxuryandbeachrealty.com

AGENT INFORMATION

Agent Name

Street Address

City, State, Zip

Cell Phone

Fax Number

Email Address

Website

Social Security # OR EIN #

Prior Company Name/City

Referred By (Agent Name)

Page 3: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

Broker (_____) and Associate (_____) acknowledge receipt of a copy of this page, which is Page 1 of 3. ICA-6 Rev 4/13 ©2013 Florida Association of REALTORS ®

Independent Contractor Agreement between Broker and Associate

________________________________________________________________________________________ ("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”)

broker associate (license number is licensed as a sales associate (license number SL _______________________) BK/BL ____________________) in the State of Florida and is properly qualified to deal with the public as such.

Effective ____________________ ("effective date"), Broker and Associate agree to associate pursuant to the following terms and conditions.

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. Associate Responsibilities: Associate will use her/his best efforts to procure real estate-related business for Broker 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, if any.

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.

Fair Housing: 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. Office Policy Manual: Broker maintains does not maintain an office policy manual. Associate has received a copy and agrees to comply with the manual and such modifications, addenda, and changes as may be incorporated therein from time to time.

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. 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. 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. 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. 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

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Page 4: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

Broker (_____) and Associate (_____) acknowledge receipt of a copy of this page, which is Page 2 of 3. ICA-6 Rev 4/13 ©2013 Florida Association of REALTORS ®

responsible for providing Associate's own automobile and is responsible for transportation expenses, including insurance in the minimum coverage amount of $________________ for personal injury protection liability and insurance in the minimum coverage amount of $________________ for bodily injury liability and insurance in the minimum coverage amount of $________________ 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. 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.

Broker Responsibilities: 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. Access to Facilities: Associate may use Broker's then existing office facilities for the performance of Associate's duties as described above. Compensation: 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.

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 _____ days after the funds are collected and have cleared: _____________% of the fee as commission for __________________________________________________ _____________% of the fee as commission for __________________________________________________ _____________% of the fee as commission for __________________________________________________ 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. Incentives: 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 _________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________If such incentive is other than money (i.e., a cruise, trip, or other matter having economic value but not Broker Associate. If a nonmonetary 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. Benefits: Associate will be provided no minimum salary, vacation pay, sick leave, or any other fringe benefit.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. 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.

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: _______________________

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delivered in money), then such premium, bonus, or incentive will go to

Serial#: 018785-500142-4112826

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10,000.00
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50,000.00
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50,000.00
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SEE COMMISSION STRUCTURE AGREEMENT
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paid to brokerage first, then to agent based on commission structure.
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$50.00 per closed transaction
Page 5: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

Broker (_____) and Associate (_____) acknowledge receipt of a copy of this page, which is Page 3 of 3. ICA-6 Rev 4/13 ©2013 Florida Association of REALTORS ®

Term; Termination: This Agreement will be in effect for ______ year(s) from the effective date. Either party may terminate this Agreement by ______ 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. 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. 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, unless the following box is checked: 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.

Additional Terms: ______________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________

Brokerage Name

Broker Date Date

Print name Print name

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Associate

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Up to 90 days of termination
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Luxury & Beach Realty, Inc
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Julie Simpson
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Sign panels are leased on a first come, first served basis. All sign panels are to be returned in the same
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condition and to the office when the property sells. In the event our sign panel is not returned, we will automatically charge the credit card on file $50.00 replacement fee. Listings listed in the MLS, must offer a minimum of 2% commission.
Page 6: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

2525 Pasadena Ave. Suite O, So Pasadena, FL 33707

Phone 727-800-5906 - Fax 727-800-5907

www.luxuryandbeachrealty.com

Commission Structure Agreement 100% Plan

Effective the ________ day of _________________, 2016(effective date”), the named Associate _______________________________________ will be on the commission plan of 100% to Associate, with 0% to Brokerage Company (Luxury & Beach Realty, Inc.)

There will be a flat rate of $250 Transaction fee and $50 E & O fee per Closing.

**If HUD is sent in advance to Broker along with closers email address, Broker will direct Title Company to pay associate their 100% commision directly at closing.

___________________________________ ________________ Associate Signature Date

___________________________________ ________________ Broker Signature – Julie Simpson Date

Page 7: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

Luxury & Beach Realty, Inc. 2525 Pasadena Ave. Suite O

So. Pasadena, FL 33707 727-800-5906

Recurring Payment Authorization Form

Schedule your payment to be automatically deducted from your bank account, or charged to your Visa or Mastercard. Just complete and sign this form to get started!

Recurring Payments Will Make Your Life Easier: It’s convenient (saving you time and postage) Your payment is always on time (even if you’re out of town), eliminating late charges

Here’s How Recurring Payments Work: You authorize regularly scheduled charges to your checking/savings account or credit card. You will be charged the amount indicated below each billing period, please note there will be an additional $1 fee charged to credit card payments. The charge will appear on your bank statement as an “ACH Debit.” You agree that no prior-notification will be provided unless the date or amount changes, in which case you will receive notice from us at least 10 days prior to the payment being collected.

Please complete the information below:

I ________________________ authorize Luxury & Beach Realty Referral, Inc. to charge my checking/ (full name)

savings account or credit card indicated below for $35 ($36 for credit cards) on the 1st of each month for payment of office fees.

Billing Address Phone# _______________________

City, State, Zip ____________________________ Email _______________________

Checking/ Savings Account Credit Card

Checking Savings

Name on Acct ____________________

Bank Name ____________________

Account Number ____________________

Bank Routing # ____________________

Bank City/State ____________________

Visa MasterCard

Cardholder Name _________________________

Account Number _________________________

Exp. Date __________

CVV (3 digit number on back of card _________

SIGNATURE DATE

I understand that this authorization will remain in effect until I cancel it in writing, and I agree to notify Luxury & Beach Realty Referral, Inc. in writing of any changes in my account information or termination of this authorization at least 15 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, I understand that the payments may be executed on the next business day. For ACH debits to my checking/savings account, I understand that because these are electronic transactions, these funds may be withdrawn from my account as soon as the above noted periodic transaction dates. In the case of an ACH Transaction being rejected for Non Sufficient Funds (NSF) I understand that Luxury & Beach Realty Referral, Inc. may at its discretion attempt to process the charge again within 10 days, and agree to an additional $20 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized recurring payment. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law. I certify that I am an authorized user of this credit card/bank account and will not dispute these scheduled transactions with my bank or credit card company; so long as the transactions correspond to the terms indicated in this authorization form.

Page 8: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

Office Policy Form

The undersigned agent or employee of Luxury & Beach Realty, Inc. acknowledges receipt of the following rules and policies.

As a condition of his/her association or employment with Luxury & Beach Realty, Inc. the agent or employee agrees to abide by the terms of this agreement.

Failure to abide by these policies as adopted and amended will be grounds for disciplinary action of the agent or employee, including termination of association or employment. Agent specifically understands and acknowledges the following timeframes and financial penalties that will be imposed for failure to comply with the referenced agent responsibilities:

• ASSOCIATION MEMBERSHIP: Associates of Luxury & Beach Realty, Inc. are required to join a realtor association of which we are a member.

• PAYMENTS: All agent commissions will be dispersed at closing. The only exception to this is if the sellers or buyers financial company strictly prohibits this in which case the agent will be paid no later than 5 business days after the commission check clears our bank. Agents will be charged a $300 transaction fee for every closing. This fee will be capped at $300 or 50% of the gross commission whichever is less. If the agent acts as both buyers and sellers agent this will be considered two transactions resulting in a $600 fee. On all referrals there is a 10% fee up to $250, E&O insurance will not be charged on referrals.

• PROPERTY MANAGEMENT: Agents are expressly prohibited from performing any type of property management. Agents may do finder fee only rentals. Luxury & Beach Realty, Inc will retain $50 or 10% of the gross commission whichever is greater.

• OFFICE FEES: Fees are posted the 1st day of each month. Fees received after the 5th day of the month are subject to a $25 late fee. Office fees are $35 per month. Fees may be paid by credit card or automatic debit from a checking or savings account. Agents who want to pay by check must pay a minimum of 6 months in advance.

• ESCROW: Luxury & Beach Realty, Inc. does not hold Earnest Money.

• TURNING IN FILES: All required documents, executed listings (this includes rentals) and purchase contracts must be sent within 48 hours to the office, but in no event later than five (5) business days after execution subject to extenuating circumstances per Brokers discretion. The email address to send contracts/listings and HUDs is [email protected]

• PERSONAL SALES & PURCHASES: When an associate buys or sell personal real estate, the seller or buyer must be informed of the associate’s license status and must be aware that the associate is not representing the interest of the other party. A statement to this effect must be included as part of the contract for sale and purchase. The associate will pay the normal $300 transaction fee on any sale where he/she is the buyer or seller if the property is listed and sold through MLS.

• PENALTIES: Any file not submitted to the office within company specific times frames will be subject to a penalty of the lesser of $500 or 10% of the commission due to the agent.

• CLOSING FILES: All disbursement order requests must be emailed to [email protected] along with the preliminary HUD & closers email address information at least 24 hours prior to closing.

• Add/Edit Class: All agents are required to take the add/edit class through the Pinellas Realtor Organization. Luxury & Beach Realty will charge a $100 fee for each listing that we enter.

___________________________________________________ _________________________ Licensee Date

2525 Pasadena Ave. Suite O, So Pasadena, FL 33707

Phone 727-800-5906 - Fax 727-800-5907

www.luxuryandbeachrealty.com

Page 9: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number

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DBPR RE 11 Change of Status- Sales Associates and Broker Sales Effective: April 2012 Incorporated by Rule: 61-35.027

State of Florida Department of Business and Professional Regulation

Florida Real Estate Commission Change of Status for Sales Associates and Broker Sales Associates

Form # 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 any questions or need assistance in completing this form, please contact the Department of Business and Professional Regulation, Customer Contact Center, at 850.487.1395. For additional information see Instructions at the end of this form.

Section I – Transaction Types TRANSACTION TYPES

Add Employee [3020]Terminate Employee [4020]

Become Inactive [4020]Change Employer [9007]

Section II – Associate Information

ASSOCIATE INFORMATION License Number:

Last/Surname First Middle Suffix

Primary Phone Number Primary E-Mail Address

Section III – Broker or Company Information

COMPANY INFORMATION Last/Surname (Qualifying broker) First Middle Suffix

License number of real estate company:

Name of real estate company:

Primary Phone Number Primary E-Mail Address

Signature of qualifying broker that is adding or terminating employee:

Section IV – Affirmation By Written Declaration

AFFIRMATION BY WRITTEN DECLARATION

I certify that I am empowered to execute this application as required by Section 559.79, Florida Statutes. I understand that my signature on this written declaration has the same legal effect as an oath or affirmation. Under penalties of perjury, I declare that I have read the foregoing application and the facts stated in it are true. I understand that falsification of any material information on this application may result in criminal penalty or administrative action, including a fine, suspension or revocation of the license.

Signature: Date:

Print Name:

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Julie Simpson
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Luxury & Beach Realty, Inc.
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727-800-5906
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Page 10: Agent Information Sheet Independent Contractor Agreement ... · 2525 So. Pasadena Ave. Suite O So. Pasadena, FL 33707. Our email address is luxurybeachrealty@gmail.com. The fax number