Employment Contract
Secure your brokerage operations with Florida-compliant employment contracts. Address Fla. Stat. § 542.335, commission trigger points, and CAM charge disputes.
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In the high-stakes Florida commercial market, a generic agreement isn't enough to mitigate risks like misrepresentation claims or the Florida Deceptive and Unfair Trade Practices Act. You need an... Read more
In the high-stakes Florida commercial market, a generic agreement isn't enough to mitigate risks like misrepresentation claims or the Florida Deceptive and Unfair Trade Practices Act. You need an employment contract that specifically defines commission schedules, non-compete reasonableness under Fla. Stat. § 542.335, and precise responsibilities for triple net lease negotiations. This document ensures your brokerage is protected against common industry liabilities, from LOI misinterpretations to complex tenant improvement allowance disputes, while satisfying Florida's Statute of Frauds (Fla. Stat. § 725.01).
Beyond the standard employment contract sections, this template adds fields specific to Commercial Real Estate Broker:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Misrepresentation claims
Detailed disclaimers in contracts stating that all representations are believed to be accurate but should be independently verified by clients.
Commission disputes
Clear agency agreements and commission schedules included in contracts outlining the fees and when they are earned.
For this employment contract to be legally valid:
Common mistakes to avoid:
Under Fla. Stat. § 542.335, non-compete agreements must be reasonable in time, geography, and scope. For commercial brokers, this usually means protecting specific proprietary listing data and client relationships where the brokerage has a 'legitimate business interest' that justifies the restriction.
Yes. One of the primary contractual pain points in commercial real estate is the ambiguity of when a commission is earned. This document allows you to specify whether payment is triggered at lease execution, commencement, or when the tenant takes possession, mitigating future claims.
According to Fla. Stat. § 725.01, any employment term exceeding one year or involving real estate agency must be in writing. This contract ensures all representations, including compensation for complex deals involving cap rates and TIs, are documented to be legally enforceable.
The contract includes a detailed disclaimer and indemnity clause. This requires brokers to verify representations and states that clients should independently verify data to protect the brokerage from liability under the Florida Deceptive and Unfair Trade Practices Act.
State laws affect what must be in this document. Pick your jurisdiction.
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