Please note: all Inquiries are kept strictly confidential.
WHEREAS Droz Consulting Group, LLC, herein DCG is an independently owned and operated real estate brokerage business in New York State, with offices at 928 SE 5th Ct Fort Lauderdale, FL 33301; and
WHEREAS Contractor/Sales Agent/Referral Agent, hereinafter Contractor, has been issued a real estate (salesperson’s/broker’s) license by New York State and is desirous of availing themselves of the services and opportunities offered by DCG.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is hereby agreed as follows:
1. INDEPENDENT CONTRACTOR: Contractor shall be deemed to be an independent contractor. Contractor shall be free to devote to his real estate referral efforts such portion of his entire time, energy, effort and skill as he sees fit and to establish his own endeavors. Contractor shall not have mandatory duties except those imposed by law or regulation and those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating any relationship (employer/employee, joint venture, partnership, shareholder) between the parties other than the independent contractor relationship as set forth herein. Contractor is, and shall be treated by DCG as, an independent contractor (statutory nonemployee) and not an employee for state tax and for all other purposes. The salesperson (Contractor) will not be treated as an employee with respect to the services performed by such salesperson (Contractor) as a real estate agent for federal tax purposes. Contractor hereby acknowledges that he has been advised by DCG that as an independent contractor (non-employee) affiliated with DCG, he/she is responsible for the withholding and payment of all his/her own federal income taxes and their own self-employment taxes (FICA), together with any and all corresponding state, county and local taxes, if any, and Contractor hereby agrees to meet such responsibilities. Contractor hereby waives any claims they have or may have against DCG now or in the future respecting such taxes or the right of DCG not to withhold, not to pay or not to contribute to such taxes on behalf of Contractor. Contractor shall not hire, employ, contract with, retain, hold the license of, or sponsor for license any real estate broker or salesperson. 1099’s shall be issued to the contractor by each January 31st using the information provided to DCG.
2. DCG RESPONSIBILITIES: DCG agrees that in consideration of the services of and the fees and expenses to be paid by Contractor, DCG shall, while this Agreement remains in force, at the option of the Contractor: (a) make available to Contractor tools required to submit real estate referrals and (b) transmit to Contractor promptly, all commissions received by DCG, as a result of the efforts of Contractor, less amounts belonging to DCG.
3. LICENSEE RESPONSIBILITIES: Contractor agrees to keep their license active and in good standing. This includes paying the appropriate fees, completing all required Continuing Education courses, and any other licensing requirements in New York State. Contractor is an independent contractor and agrees to pay for all of his/her taxes and related expenses. Broker is not responsible for Contractor's failure to pay any required taxes. If the Contractor's License is revoked, suspended, or not renewed for any reason, this agreement shall automatically terminate.
4. LIMITATIONS: Contractor agrees that he/she will NOT actively engage in the Real Estate Business. This includes, but is not limited to, selling or offering to sell or negotiate the purchase, sale or exchange of Real Estate, lease, rent, or offer to rent any Real Estate, or to negotiate leases thereof, accepting deposits, writing or executing Real Estate related documents, contracts, etc. The sole Real Estate activity the Contractor is allowed to engage in, is the sending of Real Estate Referrals.
5. AFFILIATION FEE PLANS: The standard fees to be charged for services performed under this agreement is minimum of 25%, of the Referral side of the commission, received by the Broker. DCG agrees to pay 80% of the gross Referral fee to Contractor when collected. DCG offers 2 Options our agents can participate in. They are:
PICK YOUR OWN AGENT
Minimum 25% referral fee, Single Family, Condos or any other property your agent agrees to take a referral on
Ex: $400,000 sale x 3% commission = $12,000 x 25% X 80% = $2,400.
USE OUR NETWORK
25% referral fee, Only Single Family or Condos
Ex: $400,000 sale x 3% commission = $12,000 x 25% X 80% = $2,400.
6. COMMISSION ADVANCES: Our firm does not participate in commission advances.
7. LIABILITY AND INDEMNIFICATION: DCG shall not be liable to Contractor for any expenses incurred by Them, nor shall Contractor have authority to bind DCG by any promise or representation unless specifically authorized in advance and in writing by DCG. Contractor further agrees to pay all fines, damages, costs, and expenses, including but not limited to attorney fees and the full amount of any errors and omissions insurance deductible assessed against or incurred by DCG and/or its officers in defending or satisfying any claim or judgment against DCG and/or its officers because of Contractor’s activity, even if such claim or judgment is brought or filed subsequent to the expiration or termination of this Agreement or any renewals or extensions hereof.
8. RENTAL PROPERTY MANAGEMENT: Contractor is not allowed to offer any kind of rental property management services.
9. COMMISSION DEPOSIT & PAYMENTS: Contractor understands that all DCG commission checks will be paid by DCG to Contractor via USPS. DCG will not be liable for any referral fee not paid to it by another Broker.
10. PAYMENT OF ANNUAL AFFILIATION FEES: Contractor agrees to pay DCG $149/year re-occurring membership fee on Contractor's anniversary date billed to the PayPal account Contractor has on file with DCG. DCG membership fees are non-refundable (full or partial) after payment is made. The $149/year membership fee is subject to change at any time, with an email to the Contractor from DCG, at the email provided by Contractor.
11. PERSONAL EXPENSES: Contractor shall be 100% responsible for the full cost of additional services and materials which Contractor may authorize.
12. BUSINESS CARDS, MARKETING, SIGNS, ADVERTISING IN MAGAZINES, MAILERS, LETTERHEADS, WEBSITES, INTERNET, FACEBOOK, TWITTER, EMAIL, ADVERTISING: AS Contractor is agreeing to limit activities to referring customers, they are prohibited from engaging in any and all other market activates, other than directing people to their website page, through DCG.
13. TERM: Except as otherwise provided in writing, this agreement shall be binding beginning the date Contractor joins DCG. This agreement may be terminated at any time by DCG, immediately and without prior notice in the event Contractor defaults on the prevailing 365 day term or any renewal thereof, for non-payment of dues to the firm, or otherwise fails to conduct his/her business in accordance with the terms of this Agreement, or engages in conduct which is disloyal or disrupts the office, or fails to abide by a professional code of conduct as determined by DCG, or engages in business practices that expose DCG to risk & liability, or is likely to bring discredit to the DCG name, or shares the business practices of DCG with competing firms, or transfers his/her license to another brokerage. This agreement may be terminated by Contractor by giving DCG a formal email notice at Send Email, whereupon which the Contractor is free to transfer his/her license to another brokerage.
14. DISPUTE RESOLUTION: Consistent with the DCG dispute Resolution Commitment, Contractor shall cooperate and adhere to the policy and practice of DCG pertaining to the resolution of internal disputes hereunder, or external business disputes with third parties, by first using mediation and/or binding arbitration as offered through a professional mediation firm. Contractor shall pay 100% of the cost of such professional mediation/binding arbitration services until the matter is resolved.
15. LEGAL WORK STATUS: Contractor certifies that They are legally allowed to work in the United States of America and is in compliance with US Immigration Laws.
16. CRIMINAL RECORD: Contractor certifies that They do not have a criminal record in the United States court systems. False representation of facts may lead to termination without notice by DCG.
17. COMPLAINT HEARING PROTOCOL: Contractor understands that he/she is to act as a real estate professional at all times, keep detailed written records, practice fair housing, obey the law. If any complaint is filed against the Contractor which leads to a hearing panel and if the broker and/or branch manager is required to accompany Contractor to (or attend on Contractor’s behalf) such complaint hearing, Contractor will be charged $250 per hour (or any fraction thereof), to be billed and/or automatically deducted from Contractors pending commissions. If the hearing requires the Contractor to have an attorney or other professional witness to also accompany Them to such a hearing, all their expenses shall be paid by the Contractor.
18. ERRORS AND OMISSIONS INSURANCE: DCG will not carry E&O insurance for any of its Contractors.
19. MAILING ADDRESS: No mail forwarding service will be provided by DCG to the Contractor.
20. FAX NUMBER: No fax forwarding service will be provided by DCG to the Contractor.
21. EMAIL: No email address will be provided by DCG to the Contractor.
22. TEAMS & ASSISTANTS: DCG does not allow Contractor to operate “teams” under the DCG umbrella. Contractors are not permitted to employ an unlicensed Assistant.
23. LICENSE IS HELD BY DCG: During the term of association, DCG will retain all licenses and pocket cards issued for Contractor, by New York State.
IN WITNESS WHEREOF the Contractor, by apply to join DCG, acknowledge their understanding of. and commitment to the terms of this agreement, effective as of the date of when license is moved to DCG.