For you security, personal information  such as email, phone, etc. are on a separate form than your credit card and bank information. This is why you must re-enter some information, such as your name, on each form.

INDEPENDENT CONTRACTOR AND COMPANY AGREEMENT

TeamWork Realty, LLC dba Better Homes and Gardens Real Estate Palmetto, herein after referred to as “Company”, and the immediate below who herein after referred as "Independent Contractor".

Independent Contractor agree as follows:

1. Company is licensed and authorized to operate as a Real Estate Company or Brokerage in the State of South Carolina. Independent Contractor warrants that they are licensed and authorized to act as a Real Estate Sales Agent in the State of South Carolina. Independent Contractor agrees during the term hereof at their own expense to keep their license in effect, and to pay all fees equivalent to local, state and national boards/associations of REALTORS® and taxes due the state, county, municipality or other governmental entity arising out of their activities as Independent Contractor. Company shall not be liable for the fees or taxes of Independent Contractor. Failure by Independent Contractor to keep license in effect shall automatically terminate contract.
2. It is agreed that Company is duly qualified to and does procure the listing of real estate for sale, lease or rental, and prospective purchasers, lessees and renters therefore, and has and enjoys the goodwill of and reputation for fair dealing with the public and also has and maintains an office, properly equipped with furnishings and staff, suitable to serving the public as a Real Estate Broker, and the parties hereto deem it to be their mutual advantage to enter into this contract.
3. It is agreed that Independent Contractor has the competence and ability to perform the functions for which they are licensed with respect to the sale, lease, or rental of real estate to include recruiting real estate agents.
4. Broker agrees to furnish Independent Contractor a facility to conduct business at one of it's locations. Such location may change at the discretion of the Company.
5. It is understood if Independent Contractor advertises that Company branding, associated logo and likenesses will be prominently displayed to further the goodwill, reputation, and consumer awareness of same as per the standards set forth by Better Homes and Gardens Real Estate as well as by the Company.
6. Company agrees to make available to Independent Contractor all current listings of the office, subject to office policy and state law, except such as Company may find expedient to place exclusively in the temporary possession of some other broker or sales agent, and Company agrees to assist Independent Contractor in their work by advice and full cooperation in every way practicable, subject to office policy and state law. Independent Contractor will have the benefit of the cooperation of Company in connection with transactions being handled by Independent Contractor.
7. Independent Contractor agrees to work diligently to exert their best efforts to sell, lease, or rent any and all real estate listed with Company and available to Independent Contractor under the terms of Paragraph 5 above, to solicit additional listings and customers in the name of Company, and otherwise to promote the business of serving the public in real estate transactions to the end that each of the parties hereto may derive the greatest advantage possible consistent with their professional obligations.
8. Commissions shall be charged for any service performed hereunder pursuant to office policy, except that Company shall advise in advance of any special division relating to any particular transaction which Company undertakes to handle. When Independent Contractor shall perform any service hereunder, whereby a commission is earned, the commission shall, when collected, be divided between Company and Independent Contractor in which division Independent Contractor shall receive a proportionate share as set out in office policy and Company shall retain the balance. In the event of special arrangements with any client of Company or Independent Contractor on property listed with Company or controlled by Independent Contractor in which a special division of commission is indicated, such division shall be as agreed upon in writing by Company and Independent Contractor. In the event that two or more sales agents participate in such service or claim to have done so, the amount of the commission over that accruing to Company shall be divided between the participating sales agents according to agreement between them, or in the absence of agreement, by mediation, then arbitration if parties reject mediation interpretation. In no case shall Company be personally liable to Independent Contractor, nor shall Independent Contractor be personally liable to Company, for any commission prior to its receipt, but when commission shall have been collected from the parties for whom the service was performed, Company, in the event such commissions are paid to Company, shall pay over to Independent Contractor, Independent Contractor’s proportionate share according to terms of this contract and office policy.
9. The division and distribution of the earned commissions as set out in Paragraph 7 hereof, which may be paid to or collected by either Broker or Independent Contractor shall take place as soon as practicable after collection of such commissions from the party or parties for whom the services may have been performed.
10. Company shall not be liable to Independent Contractor for any expense incurred by the latter, nor shall Independent Contractor be liable to Company for office help or expense in so far as Company has herein agreed to provide the same. Expenses for attorney’s fees, costs, documentary stamps, abstracts and the like which may, by reason of some necessity, be payable from commissions, or the attempt to collect a commission, shall be paid by the Independent Contractor proportion as provided for in the division of commissions. Independent Contractor agrees to furnish transportation and business liability to pay at their own expense entertainment costs, association dues, and other expenses incident to the conduct of their services as a real estate sales agent, and to pay any and all state and city business occupation tax available to the portion of any commission received by them.
11. For orderly conduct of the business, Company reserves the right to assign prospects of the office to an Independent Contractor associated with Company and such Independent Contractor shall have the exclusive right together with Company, to contact such prospects so long as such assignment is in effect; Independent Contractor agrees not to interfere with such assignment to other Companys or other sales agents within Company. Independent Contractor shall follow office policy as to the handling of “leads” and prospects assigned to them and as to the conduct of Independent Contractor’s services as sales agent hereunder, and as to the means of securing listings, handling prospects, and consummating negotiations. Company shall have no obligation to provide leads on real estate prospects and real estate listings to Independent Contractor.
12. Independent Contractor agrees to hold Company harmless in the event Company is required to respond in damages by reason of any misrepresentations, promises or untrue statements made by Independent Contractor during the life of this contract and during the course of negotiations with and as inducement to any party to real estate transaction handled by Independent Contractor.
13. It is understood that, during the existence of this contract, Company shall have the right to instruct Independent Contractor as to the way efforts are to be performed in the relationship of Independent Contractor, but not as an employee.
14. Disputes arising between Independent Contractor and other Licensees, agents, brokers, including those working for the same Company or of other Companys shall be brought to the attention of the Broker-In-Charge immediately. If dispute involves the Independent Contractor’s Broker-In-Charge, Independent Contractor may request the counsel of the Company Owner. Should the parties not find resolution, Independent Contractor agrees to pursue mediation at their sole expense. Should the Independent Contractor not accept the outcome of mediation; Independent Contractor shall pursue arbitration at their sole expense. Errors and Omissions Insurance does not cover mediation or arbitration expenses.
15. As per South Carolina real estate law, contracts ratified and agency agreements signed with the Company, are property of the Company. Therefore distribution of commissions are solely at the discretion of the Company. Such distribution includes commissions shared among agents, team commission split agreements, and any other form of commission or payments resulting from real estate transactions.
16. AGREEMENT IN FULL FORCE AND EFFECT POST TERMINATION
    This contract and the association created hereby, may be terminated by either party hereto at any time upon notice given to the other. The following remains in full force and effect.
    • A. Earned commissions may be paid per this Agreement and office policy as relevant commissions are received by Company minus fees, splits, dues or other debts payable to Company including additional fees accrued for the management of clients and outstanding transactions post termination of this contract, at the discretion of the Broker-in-Charge.
    • B. Independent Contractor shall not, after the termination of this contract, use to their own advantage, or the advantage of any competing person or corporation, any information gained for or from files or business of Company. Independent Contractor understands and agrees that clients, agreements, leases, physical and digital property, and leads are the property of the Company, therefore are to remain with the Company.
    • C. Independent Contractor shall cease communication or attempted communications for 36-months post termination, with any and all company provided leads which may include, but is not limited to, leads sourced through CINC, a brokerage-created Facebook page, referrals which came through the brokerage, Jump-Ball, Moxi, Cartus Relocation, and other third-party lead generation websites provided by the Company. Prior to departure, Independent Contractor should discuss the list of clients with the Broker-in-Charge that the Independent Contractor intends to continue working with to ensure both parties are in agreement of which clients were sourced by the Company and fall under this agreement or were sourced by the Independent Contractor and do not fall under this agreement. The Company's intent is not to prevent Independent Contractors from continuing to work with clients obtained solely by the efforts of the Independent Contractor. Additionally, the Company's policy is that clients in which the Independent Contractor has already paid a lead fee upon the closing of a transaction to the Company, said clients are no longer considered Company-provided leads. Should Independent Contractor disregard and ultimately close a transaction with the aforementioned, Independent Contractor agrees to pay a referral fee to Company of no less than 35% of gross commissions earned in addition to the relevant lead fee.
    • D. Independent Contractor agrees to protect and uphold confidentiality of any and all knowledge of Company activity, policies, business plans, etc. which have not been published publicly by the Company.
    • E. Independent Contractor agrees not to slander, libel, or any way degrade nor spread falsehoods of agents within the Company or of the Company itself.
    • F. Independent Contractor agrees not to recruit existing agents from the Company, nor to encourage the departing of existing agents from the Company.
    • G. Upon termination, Company may transfer active listings to the Independent Contractor’s new Company at the discretion of the broker-in-charge.
17. Independent Contractor understands that they are not an employee of the Company for income and employment tax purposes. Under Section 3508 of the Internal Revenue Code, “qualified real estate agents,” are responsible for meeting all Federal Income and Employment tax obligations, INDEPENDENT CONTRACTOR, UNEQUIVOCALLY UNDERSTANDS THAT NEITHER THE BROKER, NOR THE Company WILL DEDUCT THESE TAXES AND THE FAILURE BY INDEPENDENT CONTRACTOR TO MEET THESE OBLIGATIONS WILL RESULT IN NO LIABILITY TO THE BROKER NOR TO THE Company.

IF A PROVISION OF THIS AGREEMENT IS OR BECOMES ILLEGAL, UNENFORCEABLE, OR INVALID IN ANY JURISDICTION, IT SHALL NOT AFFECT (1) THE ENFORCEABILITY OR VALIDITY IN THAT JURISDICTION OF ANY OTHER PROVISION OF THIS AGREEMENT, OR (2) THE ENFORCEABILITY OR VALIDITY IN OTHER JURISDICTIONS OF THAT OR ANY OTHER PROVISION OF THIS AGREEMENT. NO PART OF THIS AGREEMENT SHALL BE IN ANY WAY CONSTRUED TO CONSTITUTE INDEPENDENT CONTRACTOR AS THE EMPLOYEE OF THE Company, NONE OF THE BENEFITS PROVIDED BY THE Company TO EMPLOYEES, IF ANY, ARE PROVIDED TO THE INDEPENDENT CONTRACTOR BY THE Company. INDEPENDENT CONTRACTOR WAIVES ALL CLAIMS AGAINST Company FOR EMPLOYER’S LIABILITY COMPENSATION FOR PERSONAL INJURY, UNEMPLOYMENT COMPENSATION OR OTHERWISE UNDER THE WORKMEN’S COMPENSATION LAWS OF SOUTH CAROLINA. INDEPENDENT CONTRACTOR UNDERSTANDS THAT IN NO WAY WILL Company BE LIABLE FOR ANY INJURY OR LOSS SUSTAINED BY THE INDEPENDENT CONTRACTORS IN THE PERFORMANCE OF THIS CONTRACT.

A copy counter-signed by the company owner will be emailed to you upon completion.

After signing the contract, you will be redirected to instructions on how to transfer your license. This is a step you must do, the brokerage cannot do this for you.