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The Independent Contractor Agreement Real Estate Salesperson is essential for real estate agencies and brokerages in South Africa looking to engage professional real estate agents on a contractor basis. This document is specifically structured to comply with South African legislation, including the Property Practitioners Act 22 of 2019 and related regulations. It establishes the framework for commission-based work, defines professional responsibilities, and maintains clear distinction from employment relationships. The agreement covers crucial aspects such as commission structures, territory rights, professional obligations, and compliance requirements while protecting both the agency's interests and the contractor's independent status. It's particularly relevant in the current South African real estate market where independent contractor relationships are common practice and require careful documentation to ensure regulatory compliance and clear operational guidelines.

1. Parties: Identification of the Agency/Brokerage and the Independent Contractor Real Estate Salesperson

2. Background: Context of the agreement and confirmation of the Independent Contractor's qualifications and registration status

3. Definitions: Key terms used throughout the agreement including Commission, Property, Territory, and Services

4. Independent Contractor Status: Clear establishment of the independent contractor relationship and distinction from employment

5. Scope of Services: Detailed description of real estate services to be provided by the contractor

6. Commission Structure: Terms and conditions for earning and payment of commissions

7. Duties and Responsibilities: Specific obligations of the contractor including compliance with real estate regulations

8. Term and Termination: Duration of the agreement and conditions for termination by either party

9. Compliance with Laws: Obligation to comply with relevant real estate and property laws

10. Confidentiality: Protection of confidential information and trade secrets

11. Non-Solicitation: Restrictions on soliciting agency's clients or other contractors post-termination

12. Insurance and Liability: Requirements for professional insurance and allocation of liability

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard contract clauses including governing law, notices, and amendments