EZ Choice Realty
Independent Contractor’s Terms, Conditions, Policies and Procedures
By registering to become an Independent Contractor for Broker (EZ Choice Realty / EZ Choice, INC, and/or EZ Choice Real Estate, INC) Contractor agrees to all of the following terms, conditions, policies, and procedures.
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Independent Contractor Status
Contractor agrees to work for Broker as an Independent Contractor and not as an employee. Broker may not dictate hours worked or hold Contractor to any set schedule. Contractor understands that Broker is legally accountable for the activities of the Contractor therefore Contractor agrees to work diligently with Broker on all matters. All expenses and obligations incurred by Contractor while conducting his/her independent business shall be the sole responsibility of Contractor. Contractor is responsible for timely payment of all his/her own expenses such as industry association dues, licensing renewals, advertising expenses, automobile expenses, etc. Broker will be held harmless from any and all expenses and obligations.
Federal, State & Local Taxes
Contractor understands and agrees that Contractor is not to be considered an employee of Broker for tax purposes and that Broker will not withhold any Federal or State Income Tax, Social Security (FICA) or Unemployment (FUTA) taxes from Contractor’s commissions paid. Therefore, Contractor is personally responsible for paying any and all Federal and State Income, Social Security and other taxes and for maintaining all expense records as required by law and represents to Broker that all such amounts will be withheld and paid when due. Contractor shall indemnify and hold Broker harmless from any liability or costs thereof.
License Status
Contractor is and shall remain licensed and in good standing with the Florida Department of Professional and Business Regulations and the State of Florida throughout the term of this agreement. Failure to do so will result in the immediate termination of Contractor’s employment with Broker. Contractor must complete all required pre/post-licensing requirements to maintain an active license and will be responsible for paying all fees, dues and fines charged to the Contractor or to the Broker on the Contractor’s behalf.
Contractor’s Personal Information
Contractor is responsible for keeping Broker informed of any changes to Contractor’s personal information such as mailing address, bank account, phone numbers, email, etc. and agrees to keep Broker’s “back office” updated with the current info. Contractor agrees to hold harmless Broker against any fees, loss, judgment, or expense, including attorneys’ fees, arising from or relating in any way to the failure of doing so.
Compliance
Contractor will conduct himself/herself in full compliance with the Statutes of Florida, the DBPR and the rules and regulations of the Florida Real Estate Commission and in a way which reflects the high standards of the Broker. Contractor will conduct his/her 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. Contractor 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. Contractor will not commit any act that violates Florida real estate license law.
Errors & Omissions Insurance
Errors & Omissions Insurance is required for all Contractors and for all transactions and is paid for by Broker. The Insurance carrier shall be chosen at Broker’s discretion and can be changed at any time without notice. Contractor acknowledges that he/she is responsible for payment of any deductible owed as a result of any claim occurring as a result of Contractor’s actions. Contractor shall immediately notify Broker of any circumstances likely to give rise to any claim or complaint against Contractor and/or Broker. In the event of a claim, lawsuit, complaint or arbitration demand, Broker may withhold from Contractor’s commissions, an amount adequate to satisfy any amounts not covered by the insurance carrier. Broker may in Broker’s sole discretion, apply such sums as necessary to settle or to satisfy any such claim or award and Contractor agrees to cooperate fully in this regard. Contractor understands that Broker may deem it necessary to obtain legal consultation concerning one of Contractor's transactions. If this happens then Contractor agrees to reimburse and indemnify Broker for any Attorney’s fee reasonably incurred by Broker to obtain legal advice concerning such transaction(s).
Occupational Licenses
In some circumstances Contractor may be required or wish to acquire an Occupational License. Contractor agrees to reimburse Broker for the amount of any Occupational License Fee charged to the Broker by any entity, for the employment of the Contractor. The Contractor hereby authorizes the Broker to charge these fees to credit card that is on file for the monthly fee.
Indemnify & Hold Harmless
Contractor agrees that for all actions performed by Contractor during his/her contractual relationship with Broker, Contractor will indemnify and hold harmless Broker and/or Broker‘s Representatives, from any and all claims, complaints, causes of action, arbitration demands, damages and liabilities of every kind, known or unknown, including without limitation of any action, omission, negligence or any other basis of liability or complaint, in any forum, brought by any third party against Broker. No action or complaint arising out of a real estate transaction in which Broker was involved may be brought by Contractor before any body, against any third party, without prior written consent of the Broker. If the Broker initiates any litigation or arbitration action on behalf of the Contractor or if the Broker must defend any action of the Contractor in litigation or arbitration, Contractor agrees to pay all related expenses, including but not limited to filing fees, court costs, and attorney fees.
Workman’s Compensation Coverage
Contractor understands and acknowledges that Broker DOES NOT provide Workman’s Compensation coverage. Contractor hereby agrees to waive such coverage and understands that if they desire such coverage Contractor must personally obtain coverage directly from the State of Florida or an insurance carrier of Contractor’s choice, at Contractor’s sole expense.
Agent Compensation Plan Selection
Contractor will be permitted to select one of two compensation plans with Broker at the time of their initial registration. These plans will dictate the fees charged by Broker to Contractor both monthly and per transaction. Contractors are permitted to change plans at any time but must remain on the newly selected plan for a period of six (6) months before they are permitted to switch plans again.
Monthly Management Fees
Contractor agrees to pay Broker a monthly fee based on the plan selection made by Contractor at the time of their registration, each month for the term of their employment with Broker. Contractor will pay this fee electronically using a credit/debit account. This fee will be processed on the 10th day of each month. Prorated charges may apply upon Contractor’s initial registration. In the event the monthly payment is not received by Broker for any reason, Contractor shall be given 10 (Ten) days to resolve the issue and make payment otherwise Broker may elect to terminate Contractor’s employment and/or refuse to issue future commission funding requests, and/or withhold any past due fees from Contractor’s future commissions.
Training & Meetings
From time to time Broker will host meetings and/or training sessions as a way to help educate and train salespeople. Contractor acknowledges, that although the majority of these meetings will be voluntary in nature and attendance will not be mandatory, Broker reserves the right to require the attendance of one, multiple or all salespeople with adequate advance notice. Failure to comply with any required attendance may result in immediate termination of Contractor’s employment with Broker.
Mediation Of Contractor Disputes
In the event of a dispute involving two or more contractors, all of whom are licensed with Broker, Contractor authorizes Broker sole and absolute discretion in resolving said dispute. Contractor agrees to abide by the decision of Broker. Contractor agrees to hold harmless Broker against any claim, action or lawsuit of any kind and from any loss, judgment, or expense, including attorneys’ fees, arising from or relating in any way to the resolution of said dispute.
Commissions, Fees, & Fees Funding Requests
Contractor is responsible for determining the price/fee/commission to be charged for all services rendered to clients by Contractor. Broker shall not dictate, at any time, what is an acceptable price or fee to charge.
As commissions are earned via the efforts of Contractor, 100% of any and all such commissions will be paid directly to Contractor by Broker after receipt and processing, less any Broker Fees/Deductions as outlined in this agreement under “Broker Fees / Broker Deductions.” All commissions, referral fees, Property Management, Tenant Acquisition, and/or consultation fees are to be submitted by check to EZ Choice Realty, unless otherwise instructed by Broker. Contractors are NOT permitted to receive money directly from anyone at any time, for any reason, unless approved in writing by Broker in advance. Violation of this may result in immediate termination of Contractor‘s Employment.
As long as the DBPR / FREC allow real estate salespeople to be paid at closing by the title agency or attorney’s office, Contractors may submit a "Funding Request" to Broker, no less than 2 business days prior to the closing, and request "Table Funding" so that they may be paid at closing. In the event the "Funding Request" is received by Broker, no less than 2 business days prior to the closing, and Broker can verify that all of Contractor’s files are complete, Broker may issue a "Disbursement Authorization" to the appropriate closing office instructing them to pay Contractor directly at closing. In the event Broker is unable/unwilling to issue a "Disbursement Authorization," the closing office is unable/unwilling to comply with the "Disbursement Authorization," or Contractor selects "Standard Funding" the full commission must be made payable and delivered to Broker or deposited into Broker’s bank account by Contractor. Broker reserves the right to withhold payment to Contractor, on all "Standard Funding" commissions received by Broker, until after the funds have cleared Broker's account and are no longer being held by Broker's banking institution.
All payments from Broker to Contractor will be sent electronically via ACH to Contractor's Bank Account provided by Contractor at the time of their registration, within 5 business days of the funds cleaning Broker’s account. There will be a $1.50 ACH fee deducted from the amount paid by Broker to Contractor for all ACH payments made.
Broker Fees / Broker Deductions
Contractor agrees to pay Broker a closing/transaction fee based on the plan selection made by Contractor at the time of their registration. Plan selection options are $79 per mth and NO Broker Deduction - OR - $29 per mth with a Broker Deduction equal to 10% of the commission received up to a maximum of $269 per transaction. In the event a closing/transaction fee is owed to Broker, Broker may deduct this amount from Contractor’s commission or the commission to be received and/or charge the amount owed to Broker to the credit/debit on file for Contractor.
Agent Referrals
In the event Contractor refers another licensed agent to join EZ Choice Realty and is indicated as the referring agent at the time of Contractor’s initial registration, Contractor shall receive $10 per month for each agent on PLAN A and $5 per month for each agent on PLAN B, whose monthly management fee is received by Broker. This “referral fee” shall be paid to Contractor within 30 days of receipt by Broker, as long as both Contractor and the referred agent remain actively employed with Broker.
Broker Provided Leads
Broker may have prospective buyer and/or seller leads available and may elect to pass these leads along to Contractors who have executed this agreement. Contractor acknowledges that there is NO guarantee of receiving leads and that the disbursement of leads is at the sole discretion of Broker, unless otherwise specified in writing. All commissions earned by Contractor as a result of a any lead provided by Broker are subject to an additional Broker Deduction of 15% (Fifteen Percent) of the gross amount received up to a maximum of $1500 per transaction.
Transaction Documents & Office Files
All documents pertaining to any transaction, including but not limited to, sale and purchase agreements, listing agreements, property management agreements, leases, required addenda, and closing documents must be uploaded to Broker’s online file storage system no later than 48 hours after they are signed by all parties. Contractors who fail to cooperate with Broker to correct incomplete or missing transaction files may have their ability to list properties in the MLS suspended/revoked, have future commission funding requests suspended, have the ability to be paid at closing revoked permanently, have their violating active listing's status changed to "Temporarily Off Market" or "Canceled" by Broker, have their employment with Broker terminated, and/or WILL incur the fines/penalties listed below:
** The above mentioned fines/penalties/charges will be deducted by Broker from any outstanding commission payouts to Contractor. In the event Broker is not holding any commissions for Contractor, at that time, Broker reserves the right to charge contractor's credit card on file with Broker.
** Contractor acknowledges that they are responsible for checking email regularly, they are aware of all time lines, and for communicating with Broker to determine acceptable alternatives within the time period allowed when/if requested/required items are not attainable for any reason.
Contractor Acting as (or related to) Buyer or Seller
In the event Contractor, an entity owned or affiliated with Contractor, or a relative of Contractor closes any transaction as a principal, Contractor agrees to pay Broker $100 for additional E&O Requirements whether a commission is earned or not and whether or not the property was listed in the MLS. In the event a closing/transaction fee is owed to Broker, Broker may deduct this amount from the commission to be received and/or charge the amount owed to Broker to the credit/debit on file for Contractor. Contractor agrees to indemnity and hold Broker harmless from any claims, demands, complaints, arbitration or other actions made against Broker as a result of any transaction in which Contractor meets the above mentioned criteria.
To comply with all E&O requirements, any listing or sale where Contractor is (or related to) a principal, Contractor must provide all of the following: The listing or sale contract must be on association approved forms, the seller/buyer must have a home inspection -OR- the seller/buyer must place a home warranty on the property, the seller/buyer must provide a completed seller's disclosure on the property, and the buyer must perform a walk through prior to closing.
Escrow Deposits, Escrow Agents & Proof of Deposits
Broker DOES NOT offer an escrow account for sale and purchase transactions. All escrow deposits are to be held by a state approved title company or attorney’s office. All sale and purchase contracts must display the Escrow Agent information on the contract at time of acceptance. Per FREC statute, Contractors are required to make inquiry to the escrow agent displayed on the contract in order to obtain proof that the deposit has been made and is being held by escrow agent. Copies of an escrow check are not acceptable as proof. Verification must be issued by escrow agent directly and provided to all parties of the contract, including Broker, within ten (10) business days of the contract’s acceptance. Contractors are responsible to abide by and adhere to all other timelines and regulations provided by DBPR and the State of Florida as failure to do so may result in legal action, fines and/or immediate termination of Contractor’s employment.
Protection of Contractor’s Listings, Contracts & Commissions
In the event Contractor terminates his/her contractual relationship with Broker, for any reason, any and all active listings obtained through the efforts of Contractor shall be transferred to Contractor’s new employing broker on the Contractor’s behalf without penalty by Broker. In the event Contractor does not activate their license with a new broker or Contractor’s listings are “under contract,” Broker will retain rights to the listing(s). Any commissions due resulting from listings or sales contracts that are under contract prior to the Contractor’s termination, will be funded to the Contractor in compliance with this agreement as long as Contractor remains actively licensed, Contractor continues payment of their monthly fee to Broker through the closing(s), Contractor continues to service the client as needed, and Contractor remits a completed and approved funding request and transaction file to Broker. Contractor agrees to fully cooperate with Broker as necessary to complete and resolve any transactions, claims, or disputes which are pending at the time, or which arise after Contractor’s contractual relationship with Broker terminates and Contractor shall indemnity and hold Broker harmless from all such matters. Contractor understands that failure to cooperate with Broker will result in a Broker Deduction equal to $50 per hour for time worked on file by Broker and/or assigns. Any such transfer of listings and/or disbursement of commissions is conditioned on the Contractor having fulfilled and paid in full, any and all dues, fees and expenses owed to Broker. Contractor agrees to have any/all monies due Broker deducted from the commission prior to disbursement to Contractor.
Forms, Equipment & Supplies
Contractor is responsible for the acquisition of all forms, equipment and supplies they require to conduct their individual business. Contractor is responsible for ensuring that all forms and documents being used are up to date and are approved by the DBPR and the State of Florida.
Office Space Usage
The DBPR and the State of Florida require that all Real Estate Brokerages offer a “Brick & Mortar” location. Temporary meeting and workspace is available at Broker’s office however all Contractors are expected to work from home or a personal office location and are NOT permitted to work permanently from Broker’s office(s).
Teams, Personal Assistants & Buyer’s Agents
Broker does not limit or prohibit the structuring of teams, the use of “buyer’s agents” or the hiring of personal assistants. Contractor acknowledges that he/she is NOT permitted to pay commissions & referral fees to any team member(s) or Buyer’s agent(s) directly. All checks must be written to Contractors by Broker. Contractors involved in such activity are required to adhere to all FREC regulations as failure to do so may result in the immediate termination of Contractor’s employment. Contractors acknowledge that that are liable for all actions of any assistant hired by Contractor.
Buyer’s Broker Agreements
Broker DOES NOT limit or prohibit Contractor’s use of Buyer’s Broker Agreements. Broker reserves the authority to settle any or all disputes arising as a result of a Buyer’s Broker Agreement, to determine the amount of compensation received by Contractor, and the authority to release Buyer. Contractor shall be responsible for all legal, attorney, court and other fees associated with any or all actions arising from a Buyer’s Broker Agreement dispute.
“Do Not Call Lists”
Contractor will comply with all requirements, rules and regulations related to both the National & State Do Not Call Lists.” Contractor will indemnify and hold harmless Broker from and against any and all liability for fines, penalties, attorney fees and related costs and expenses arising out of or in connection with any violation by the undersigned or any person, firm or legal entity acting on the undersigned’s behalf, of the National Do Not Call List or the equivalent list administered by the State of Florida.
Closing Gifts & Concessions
Contractor may elect to provide concessions at the time of closing and/or provide a “closing gift.” All Contractors offering gifts or concessions are required to adhere to all DBPR and State of Florida regulations as failure to do so may result in legal action, fines and/or immediate termination of Contractor’s employment with Broker.
Agency Relationships and Disclosures
When representing a client Contractors are to operate as a “transaction broker” only. Contractors are not permitted to act as a “single agent” or to enter into a “single agent” representation at any time, for any reason.
Trade Names
The DBPR and State of Florida regulations state that Contractors are NOT permitted to use fictitious or trade names. Usage of the word “team” and/or other variations of using one’s surname ARE permitted by Broker.
Property Management
Contractors are permitted to assist clients with property management services and may select their own prices and fees for said services, however Contractor must complete an individual training session with Broker and execute EZ Choice Realty’s Property Management Policies and Procedures Agreement prior to entering a Property Management Agreement with a client.
Yard (Window) Signs
Yard or window signs may be placed in public view on any active listing except where prohibited by county, city or community rules or regulations. Signs MUST contain Contractor’s personal name and contact information in addition to Broker name and/or logo. Any fines or penalties associated to the unapproved placement of signs will be the sole responsibility of Contractor.
Advertising & Promotional Materials
Contractor is permitted to advertise and promote Contractor’s individual business as desired. All printed materials and advertising, including but not limited to, newspaper ads, internet ads, websites, and magazine ads, must include Broker’s office name, Contractor’s name and Contractor’s phone number. In addition, Contractor is required to adhere to all DBPR and State of Florida regulations pertaining to advertising as failure to do so will result in the immediate termination of Contractor’s employment with Broker. Broker reserves the right to review, approve, deny, or insist that any/all marketing and advertising be revised by Contractor at any time.
Use of Logos & Images
Contractor is permitted to use Broker’s logos and images for both print and digital media without restriction as long as Contractor does not represent himself/herself as Broker in any way or make any change (other than size) to said logos or images.
Appointment Scheduling & Property Showings
Contractor is responsible for accepting and returning all calls pertaining to Contractor’s listings and arranging all showings. Contractor’s personal contact information and detailed showing instructions MUST be made available in the MLS for all Contractor’s listings.
Customer “Transaction Fees”
Florida Statute, FREC and the DBPR prevent agents from charging represented clients a “Transaction Fee” unless documentation exists showing that the fee was for something that is considered to be “outside the scope of normal business” therefore Broker does not permit Contractors to charge “transaction fees” to clients for any reason. Contractors ARE permitted to negotiate and enter into agreements with clients for “additional commission” as there are currently no Broker, FREC, DBPR, or FL Statute restrictions on “additional commission.” In the event the closing settlement statement and or any signed documents indicate a “transaction fee” Broker will not approve disbursement to Contractor and will insist that the fee be refunded to the client.
Contractor’s Conduct
Contractor understands that they are required to conduct themselves in a legal and professional manner at all times. This includes Contractor's interactions with others in person, on social media, by phone, and via text/email, regardless of whether or not it is directly related to their business. In the event Broker becomes aware of illegal activities or unprofessional conduct by Contractor, Broker reserves the right to terminate Contractor’s employment.
Fair Housing & Discrimination
Contractors are responsible for educating themselves and practicing real estate pursuant to all local, state or federal discrimination laws. Contractors are not permitted to publish or use any advertisements that violate any local, state or federal discrimination law. This includes advertising discriminatory information with respect to race related to the sale or rental of housing, including but not limited to any blanket prohibitions regarding criminal history, regardless of the wishes of its clients and/or rules, bylaws, or other governing documents of any related associations. Contractors must use the words "Equal Housing Opportunity" or the Fair Housing logo on all print and internet advertising of residential real estate for sale or for rent. Contractors & Landlords are not permitted to take arrests into consideration and must work to distinguish between criminal conduct that indicates a demonstrable risk to resident safety and/or the property, and criminal conduct that does not.
Contractors must immediately terminate any relationship with a client in which the client demands anything thing that contradicts this policy or that violates any local, state or federal discrimination law.
Contractor’s Adherence To Policies
Contractor understands that they are required to adhere to all of the terms and conditions of this agreement and that failure to do so, for any reason, may result in Broker’s limitation of Contractor’s abilities, additional training requirements, Broker’s imposition of fines/penalties, termination of Contractor’s Employment, and/or legal action being taken against Contractor by Broker.
Termination Of Contractor’s Employment By Contractor
Employment and/or this agreement may be terminated by Contractor at any time without penalty by notifying Broker in writing by email. Contractor agrees that any ongoing or outstanding obligations of Contractor herein shall survive the termination of this Agreement.
Termination Of Contractor’s Employment By Broker
Employment and/or this agreement may be terminated immediately by Broker for just cause or upon three calendar days written notice by Broker or Contractor. Contractor agrees that a violation of any of Contractor’s obligations herein shall constitute cause for immediate termination of this Agreement. In the event this Agreement is terminated by Broker for cause, Contractor agrees that any ongoing or outstanding obligations of Contractor herein shall survive the termination of this Agreement.
Contractor’s Open / Outstanding Files After Termination
Contractor acknowledges that any open or outstanding files must be closed out with Broker regardless of Contractor’s Employment status with Broker. Contractor understands that they will be required to maintain access to the back office, and to communicate/cooperate with Broker to accomplish this and agrees to continue paying the Broker’s Monthly Management Fee selected at the time of their termination until all transactions and files are completed and closed out.
Modification Of This Agreement
Broker reserves the right to modify this agreement at any time and agrees to notify all Contractors in writing via email within 48 hours. Modifications DO NOT require Contractor’s signature to become effective.
The last modification made to this agreement was completed on: 11/11/2022