TEXAS SMART REALTY is an independently owned and operated real estate brokerage business in the state of Texas.

WHEREAS contractor has been issued a real estate license by the  State of Texas or other state and is desirous of being an agent with TEXAS SMART REALTY.

In consideration of the promises and mutual covenants herein contained, it is hereby agreed as follows:

INDEPENDENT CONTRACTOR: Contractor shall be deemed to be an independent contractor. Contractor shall be free to devote to his real estate sales 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 TEXAS SMART REALTY as, and independent contractor 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 TEXAS SMART REALTY that as an independent contractor (non-employee) affiliated with TEXAS SMART REALTY, he/she is responsible for the withholding and payment of all his/her own federal income taxes and his/her 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 he has or may have against TEXAS SMART REALTY now or in the future respecting such taxes or the right of TEXAS SMART REALTY 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 on the previous page.

RESPONSIBILITIES: TEXAS SMART REALTY agrees that in consideration of the services of and the fees and expenses to be paid by Contractor, TEXAS SMART REALTY 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 commission that are due the Contractor.

LICENSEE RESPONSIBILITIES: Contractor agrees to keep his/her license active and in good standing. This includes paying the appropriate fees, completing all required Continuing Education courses, and any other licensing requirements in Texas or the state you are licensed in. Referral Agent is an independent contractor and agrees to pay for all of his/her taxes and related expenses. Broker is not responsible for Referral Agent’s failure to pay any required taxes. If the Referral Agent’s License is revoked, suspended, or not renewed for any reason, this agreement shall automatically terminate.

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.

AFFILIATION COMMISSION PLAN: The standard referral fee to be paid for services performed under this agreement is 30% of the Referral side of the commission received by the Broker -$395 transaction fee  if placed with an approved agent. If outside of the approved agent list the referral fee is 20% -$395.

Example: $350,000 sale x 3% commission = $10,500 x 30% = $3150 – $395 transaction fee = $2755

NO COMMISSION ADVANCES: TEXAS SMART REALTY does not participate in commission advances via third-party companies that offer such money advancing services to REALTORS in general.

SUPERVISION: Contractor shall act as a real estate sales agent subject to the real estate license laws and regulations of the state of Texas or the state you are licensed in.  

LIABILITY AND INDEMNIFICATION: TEXAS SMART REALTY shall not be liable to Contractor for any expenses incurred by him/her, nor shall Contractor have authority to bind TEXAS SMART REALTY by any promise or representation unless specifically authorized in advance and in writing by TEXAS SMART REALTY. 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 TEXAS SMART REALTY and/or its officers in defending or satisfying any claim or judgment against TEXAS SMART REALTY 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.

PAYMENT OF ANNUAL AFFILIATION FEES: Contractor agrees to pay REALTY CONNECT $99/year re-occurring membership fee on Contractors anniversary date billed to the credit card Contractor has on file with TEXAS SMART REALTY. TEXAS SMART REALTY membership fees are non-refundable (full or partial) after payment is made. The $99/year membership fee and $395 transaction fee are subject to change at any time. 

PERSONAL EXPENSES: Contractor shall be 100% responsible for the full cost of additional expenses. 

SIGNS, BUSINESS CARDS, MARKETING, LOGOS: The contractor shall pay for his/her own business expenses related to business cards, marketing materials, stationary. Other than adding name, designations, personal photo and contact information, neither the Contractor nor the Contractors chosen sign or business card vendor may alter the design templates provided byTEXAS SMART REALTY in any way, shape or form without prior written approval from TEXAS SMART REALTY.

ADVERTISING: The contractor shall pay for his/her own advertising. Contractor to get all advertising approved by the broker or office manager PRIOR to placement or implementation.

TERM: Except as otherwise provided in writing, this agreement shall be binding for a minimum period of 365 days from the date of signing this agreement. The independent contractual relationship will be automatically renewed for an additional one year provided that the Contractor is in good standing and that all membership fees are paid. This agreement may be terminated at any time by TEXAS SMART REALTY, 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 the broker or manager of the firm, or engages in business practices that expose the firm to risk & liability, or is likely to bring discredit to the TEXAS SMART REALTY name, or shares the business practices of TEXAS SMART REALTY with competing firms, or transfers his/her license to another brokerage, in which events Contractor’s entitlement to receipt of his/her pending and as then unpaid commissions or referral fees shall be forfeited in full to TEXAS SMART REALTY. This agreement may be terminated by Contractor by giving TEXAS SMART REALTY a formal written notice whereupon which the Contractor is free to transfer his/her license(s) to another brokerage, in which event Contractor’s entitlement to receipt of his/her pending and as then unpaid commissions or referral fees or bonus checks shall be forfeited in full to TEXAS SMART REALTY and all clients shall remain with TEXAS SMART REALTY. Contractor shall not induce company clients to move their business away from TEXAS SMART REALTY either before or after giving notice to terminate this agreement.

DISPUTE RESOLUTION: Consistent with the TEXAS SMART REALTY dispute Resolution Commitment, Contractor shall cooperate and adhere to the policy and practice of TEXAS SMART REALTY 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.

LEGAL WORK STATUS: Contractor certifies that he/she is legally allowed to work in the United States of America and is in compliance with US Immigration Laws.

CRIMINAL RECORD: Contractor certifies that he/she does not have a criminal record in the United States court systems. False representation of facts may lead to termination without notice by TEXAS SMART REALTY.

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, 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 him/her to such a hearing, all their expenses shall be paid by the Contractor.

ERRORS AND OMISSIONS INSURANCE: TEXAS SMART REALTY will be financially responsible for ensuring contractor's E&O insurance is current.

CONFIDENTIALITY AGREEMENT AND GUARANTEE: Once ratified, Contractor agrees and guarantees to keep the negotiated terms of this agreement strictly confidential, now and forever after. Any discussion of or sharing of this agreement beyond the parties involved will constitute a serious breach of contract by the Contractor and subject to legal action by TEXAS SMART REALTY.

WEBSITES & BUSINESS CARDS: These items will be made available by TEXAS SMART REALTY to the Contractor, but both are elective, not mandatory. However, payment for the items will be the sole responsibility of the Contractor.

MANDATORY TRAINING AND TRAINING RECEIVED RECEIPTS: TEXAS SMART REALTY is required by the Texas Real Estate Commission to provide updates and ongoing training to affiliated licensees. Contractor agrees to read all the TEXAS SMART REALTY training emails sent periodically to all affiliate agents and agrees to reply back within 48 hours of receiving these emails to confirm having read the training update so TEXAS SMART REALTY may remain in compliance withTexas mandated directives.