This agreement must include proof that the Seller and the Agency have read the completed copy and intend to accept it. Once proper verification has been completed, both must provide a dated signature. Welcome to RE/MAX! This page describes the terms and conditions that govern your use of the website(remax.com, including your subscription to a RE/MAX account (collectively, the ”Website”). For more information about RE/MAX`s data collection practices, please see RE/MAX`s Privacy Policy. The real estate agent independent contractor contract is a contract between a real estate company and a seller (”agent”) that details the distribution of commissions and expenses between the parties. In most situations, the real estate company provides a work environment such as offices and equipment in exchange for a portion of the agent`s commissions. This Agreement may be used for residential or commercial real estate purposes. The Terms of Use constitute the sole and complete agreement between you and RE/MAX with respect to the Site and supersede all prior and contemporaneous agreements, understandings, representations and warranties, written and oral, with respect to the Site. Applicant Re/Max of New Jersey, Inc. (hereinafter Re/Max) is a sub-franchisor of Re/Max International Inc.
Re/Max`s various offices in New Jersey are franchised by Re/Max in New Jersey. All are committed to the business of providing real estate services to the public. The defendants, Employers Insurance of Wausau, Aetna Life & Casualty, Travelers Insurance Company, New Jersey Re-Insurance Company and Pennsylvania Insurance Company (hereinafter Carrier) are the insurance companies that serve Re/Max`s offices. At some point, each of these airlines decided that Re/Max agents should be considered employees within the meaning of the Workers` Compensation Act and began charging corresponding premiums. The plaintiffs objected, arguing that the agents were independent contractors. As these disputes could not be resolved, this action was taken. In order to create an account with remax.com (the ”Account”), you will be asked to provide certain registration data or other information. A condition of your use of the Site and account is that all information you provide is true, accurate, current and complete. The first element called ”I. Parties” has a simple purpose: to positively identify the document you own, the seller or agent concerned and the rental agency. Begin this identification process by specifying the official date of this Agreement in the first and second empty lines. To do this, write the name of the month and the calendar day on which this agreement entered the first blank line.
Then, after the numbers ”20”, specify the two-digit year that corresponds to the date you just entered. Find the legend in parentheses ”Seller”. Specify the full name of the agent who will be hired or hired in the blank line before this label. The legal name of the hiring agency must also be documented in this area. Find the phrase ”With a primary office address from”. Enter the official name of the hiring agency in the blank line just before this sentence, and then enter the address of the hiring agency office by entering the address, city, and state in the following three places. Make sure that the name of this entity appears exactly as it appears in the books. If you have any comments, requests for technical support and other communications related to the Site, please email us at ProductSupport@remax.com.
We now reaffirm the conclusion that the sales representatives are employees of Re/Max and not independent contractors, primarily for the reasons stated by the Chancery Division. We add the following comments. In many jurisdictions, determining whether a real estate agent is an employee or an independent contractor is governed by licensing laws. See Edwards v. Caulfield, 560 So.2d 364, 370 (Fla.Dist.Ct.App.1990); Commonwealth vs Savage, 31 Mass.App.Ct. 714, 583 N.E.2d 276, 278 (1991). The statutes of these states generally provide that if remuneration is based exclusively on commissions, either the commercial agent is definitely an independent contractor or an employer-employee relationship must not be derived. Other jurisdictions have taken the opposite approach. See e.B. Hughes v.
Industrial Comm`n, 113 Ariz. 517, 558 P.2d 11, 13-14 (1976) (interpretation of the Real Estate Licensing Act as the creation of an employer-employee relationship within the meaning of the State Workers` Compensation Act); Faith Realty & Dev. Co.c. Industrial Comm`n, 170 Colo. 215, 460 P. 2d 228, 230 (1969) (equal). The statutes of these states refer to real estate agents as employees of brokers. New Jersey has since 1921, L. 1921, c.
141, Section 1, as amended, is a law similar to that of Arizona and Colorado. Our next task will be to identify the state where the seller is a licensed real estate agent. Name this state in the first blank line of section ”II. Seller”. We need to give this article some definitions before we proceed. So look for the ”C.] item. Advice of real estate agents. You must check one of the boxes to indicate if the seller should contact and join the local Association of Real Estate Agents. If this is the case, check the Mandatory box and indicate the number of days following the signing of this document if the sales representative is to receive this membership. This includes payment of the required fees. If the seller is not required to become a ”fee-paying member of the Board of Directors of the Local Association of Real Estate Agents”, check the second box (”Not required”).
In the article Fees titled ”F.”, we will address the question of who pays the required costs when selling real estate….