Independent Contractor Agreement Updated 2025

INDEPENDENT CONTRACTOR AGREEMENT BETWEEN BROKER AND ASSOCIATE

Star Bay Realty Corp 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.

1.Contractor Status

Broker retains Associate as an independent contractor to assist Broker in the performance of real
estaterelated activities. This contract is an “at will” contract, where either party may terminate this contract
anytime. 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 as
servant, employee, joint venture or partner of Broker for any purpose. Associate is not an employee for
federal tax purposes, federal unemployment tax purposes, social security tax purposes. Fair Labor Standards
Act purposes, state unemployment compensation purposes, workers compensation purposes and all other
purposes with respect to the services performed for Broker under this agreement. Associate represents that
he/she possesses a federal employer identification number or a social security number and agrees that
he/she will submit proof of the foregoing upon request. Associate is responsible for paying his/her own
estimated income tax payment, 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
and will report such income as is reportable pursuant to the IRS 1099 form, as may be required. Not in
limitation of the above, Broker and Associate agree that Broker shall not be responsible for any of the
following duties or obligations to Associate: Workers compensation or any similar statutory scheme for
injured employees, payment of minimum wage, salary or overtime time pay pursuant to the Fair Labor
Standard Act Unemployment Compensation or any similar statutory requirement; Medical plans or Benefits;
retirement plans, individual retirement accounts or any similar provisions, including any contributions
thereto; sick pay or leave, or any similar benefits; family or personal leave or any similar benefits ; any other
statutory or common laws obligations as may be imposed upon employer, with respect to an employee.
Associate is responsible for all of their own business expenses including but not limited to licensing fees,
Realtor association dues, etc.
Associate specifically agrees to the above provisions and acknowledges that Broker relies upon said
representations by Associate. Associate assumes all risks relative to acting as an independent contractor
releasing all such rights as may be conferred upon the employee, whether specifically waived in this
Agreement or not. 

2. Associate Responsibilities

a. Associate will use his/her best efforts to procure real estate-related business for Broker and 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.
b. 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.
c. 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 Associates intent to 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 understand this acknowledgment, warranty and representations and agrees to it
voluntarily.
d. Office policy manual: Broker maintains an office policy manual. Associate shall read the office
policy manual and agrees to comply with the manual and such modifications, addenda and
changes as may be incorporated therein from time to time. Associate shall have access to the
policy and procedure manual online through the associate’s login at starbayrealty.com. Failure
to comply with any policy may result in immediate termination of this agreement.
e. 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
State of Florida Real Estate Commission. Associate will be responsible for paying all license fees,
membership dues and fines. 
f. 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. Associate does not receive instructions from the Broker as to which
customers the Associate should service or which property the Associate should market and sell.
Associate is responsible for ensuring that for each transaction all documents necessary to
comply with the law are executed and properly maintained in accordance with brokers
administrative procedures. Any statutory or legal duty of supervision and control by Broker shall
not be deemed to affect Associate’s status as an independent contractor.
g. Schedule Associate shall have control over the time when the services are performed and
Associate is not required to maintain any specific work schedule. Associate is able to schedule
vacation as the associate desires.
h. Broker Property: Associate acknowledges that all agency agreements taken during the terms of
this agreement are broker’s property. All programs. forms, date keys, manuals, signs and other
paraphernalia relative to the business of Broker are Brokers property, as are all documents and
other items pertaining to transactions. 
i. Property of Others: In accordance with State of Florida Law., Associate will deliver to broker as
soon as possible and no later than 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.
j. Responsibility: Broker will not be liable to Associate for any expenses incurred by Associate nor
for any of Associate 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 responsible
for providing Associate’s own automobile and is responsible for transportation expenses
including insurance for public liability and property damage insurance in the minimum coverage
amount of what is required by the state of Florida, and other expenses incidental to performing
Associates duties without receiving any reimbursement from Broker. Broker will be named as an
additional insured in all such polices. Associate is responsible for all entertainment expenses or
other expenses incidental to associates responsibilities without receiving any reimbursement.
k. Indemnification: Associate will indemnify and hold Broker, its officers, directors and employees
harmless from all claims, demands, suit costs and expenses, including attorneys fee at all levels
of whatever nature and description to the extent based on Associates representations, acts,
omissions, negligence, willful misconduct, or violation of laws, rules, regulations, codes of ethics,
this agreement and office policy manual.
l. BROKER PRICE OPINIONS (BPOs):Broker price opinions are prohibited to be done under the
name of Star Bay Realty. If associate is insistent on doing BPOs, the associate must get written
approval from a manager prior to engaging in BPOs. 

3. Compensation

Associate will receive 100% commission after a $250 fee per transaction and any past due expenses, if any
exist. There is an initiation fee of $250 upon joining Star Bay Realty. Beginning the next calendar year, if
Associate does not have a minimum of 1 transaction per year, then Associate will be charged $250 annually
at the end of the year.
Associate authorizes the above charges and Associate will not dispute any payments.
The associate must fill out the Commission Disbursement form and send it to Star Bay Realty Corp 2 business
days prior to the closing date. The broker will then sign the Commission Disbursement form so that the
associate may give this to the title company. The title company will then have authorization to give the
commission directly to the sales associate (minus the transaction fee to Star Bay Realty).
If the sales associate fails to have the Commission Disbursement form filled out 2 business days prior to the
closing date OR the title company does not allow commission to be directly disbursed to the sales associate,
then the sales associate will be charged an additional $50 and the commission will be mailed to the associate
once the funds have been cleared.

4. 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. 

5. Benefits

Associate will be provided no minimum salary, vacation pay, sick leave, or any other fringe
benefit.

6. Modifications

Broker hereby retains the right, in its sole discretion, to adjust rules, requirements, dues &
other fees or charges associated with this agreement with 30-days written or electronic notice. 

7. Errors and Omissions Insurance

Broker shall maintain Errors & Omission insurance. Associate is
responsible for payment of the deductible amount for each claim, in the event a claim occurs in
connection with Associate’s transaction. The current deductible is $2500.00 and is subject to change
without notice to Associates. Should any insurance claim arise as a result of Associate’s actions after the
termination of this agreement, Associate understands they are responsible for any deductible and/or
expense related to such claim.

8. 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. 

9. Termination

Either Associate or Broker can cancel this agreement. Broker may terminate this Agreement
at its sole discretion for wrongful conduct by Associate. Broker will notify Associate in the event that it
occurs. Failure by either party to maintain active licensure status pursuant to Chapter 475, Florida
Statutes, will be deemed automatic termination. Upon termination the associate’s unsold listings may be
transferred to the Associate’s new Broker. The Broker has the sole discretion in transferring or retaining
each listing. If an executed contract is in place on one of the departing Associate’s Listings/Sales, that
Associate will be entitled to the commission to which the Associate would otherwise have received. If,
however, the Broker or another Associate had to follow up and complete the work to close, then the
original Associate’s earned share will be reduced at the Broker’s sole discretion according to the additional
work that had to be completed to bring the property to close.

10. Confidentiality

All files found on starbayrealty.com or files that are provided to you from the
Company, are the property of Star Bay Realty and shall not be replicated or stored for use other than for
business with Star Bay Realty. 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 the Broker. 

11. Litigation

In any litigation between Broker and Associate, the prevailing party will be entitled to
recover reasonable attorneys’ fees and costs at all levels.

12. ESCROW

Star Bay Realty Corp and Star Bay Realty Group Inc. does not hold Earnest Money. Any
deposits received must be immediately given to the selected Title Company or Attorney holding escrow.
By accepting and electronically signing this contract you agree to all the terms within this contract.
Please print a copy of this agreement for your records.

13. 1099 Tax Form

At the end of each calendar year or as soon thereafter as possible, the Company will
provide you with an internal Revenue service Form 1099 setting forth compensation paid to you. The
Company will not withhold taxes or Social Security from your compensation. Payment of taxes and Social
security Contributions are your responsibility. Your income earned and expenses incurred have significant
tax consequences. you are encouraged to get competent independent tax advice and keep accurate
record of earnings and expense. You will receive your 1099 via email. If you prefer to receive your 1099 via
mail instead, you must contact us by email before Dec 31 for the year.

14. Local Realtor Association

Associate is required to join a local realtor association that Star Bay Realty is
part of. Star Bay Realty is currently part of Suncoast Realtors, Miami Realtors, Orlando Regional Realtor
Associaton, Realtor Association of Sarasota Manatee.