This Independent Contractor Agreement Real Estate Salesperson is essential for Irish real estate agencies and brokerages engaging licensed real estate professionals as independent contractors rather than employees. The document is specifically tailored to comply with Irish law, PSRA regulations, and relevant EU directives, including GDPR. It establishes clear parameters for the business relationship, defining commission structures, operational responsibilities, and compliance requirements. The agreement is particularly important in the Irish context where property services providers must adhere to strict regulatory requirements while maintaining the independence of their contractors. It includes provisions for data protection, anti-money laundering compliance, and professional standards required by Irish property services legislation.
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1. Parties: Identification of the contracting parties - the real estate agency/broker and the independent contractor salesperson
2. Background: Context of the agreement, including the agency's business and the contractor's qualifications and PSRA license status
3. Definitions: Key terms used throughout the agreement including Commission, Property Services, Territory, etc.
4. Appointment and Status: Clearly establishes the independent contractor relationship and scope of appointment
5. Term: Duration of the agreement, including start date and any renewal provisions
6. Contractor Duties and Responsibilities: Detailed obligations including compliance with PSRA requirements, professional standards, and service delivery expectations
7. Agency Support and Resources: Resources, training, and support provided by the agency to the contractor
8. Commission Structure: Detailed breakdown of commission calculations, payment terms, and conditions
9. Expenses and Tax Obligations: Clarity on responsibility for business expenses and tax obligations
10. Compliance Requirements: Obligations regarding PSRA regulations, AML requirements, and other relevant laws
11. Data Protection and Confidentiality: GDPR compliance requirements and confidentiality obligations
12. Non-Compete and Non-Solicitation: Restrictions during and after the agreement term
13. Insurance and Liability: Insurance requirements and allocation of liability
14. Termination: Grounds for termination, notice requirements, and post-termination obligations
15. General Provisions: Standard clauses including governing law, entire agreement, amendments, etc.
1. Training Requirements: Used when specific training programs or certifications are required by the agency
2. Territory Restrictions: Include when the contractor is assigned to specific geographic areas or property types
3. Team Arrangements: Required when the contractor will work with or lead a team of other agents
4. Marketing and Branding: Include when specific requirements exist for personal marketing and brand alignment
5. Client Ownership: Used when there are specific provisions about client relationships post-termination
6. Performance Targets: Include when the agreement includes specific performance metrics or targets
7. Technology Usage: Required when the agency provides specific technology tools or platforms
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates, splits, and bonus structures
2. Schedule 2 - Approved Territory: Detailed description of geographic area or property types if applicable
3. Schedule 3 - Agency Procedures Manual: Reference to or incorporation of the agency's standard operating procedures
4. Schedule 4 - Technology and Resources: List of provided tools, systems, and resources
5. Schedule 5 - Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts
6. Appendix A - PSRA License Requirements: Specific regulatory requirements and compliance obligations
7. Appendix B - Data Protection Protocol: Detailed GDPR compliance procedures and requirements
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Services
Property Management
Commercial Real Estate
Residential Real Estate
Property Development
Professional Services
Relevant Teams
Legal
Human Resources
Compliance
Sales
Operations
Finance
Administration
Property Management
Business Development
Risk Management
Relevant Roles
Real Estate Agent
Property Sales Consultant
Estate Agent
Real Estate Broker
Property Services Provider
Sales Agent
Property Consultant
Real Estate Sales Executive
Property Sales Representative
Branch Manager
Sales Director
Managing Director
Compliance Officer
HR Director
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