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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
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[Specific Property/Asset Class Exclusions]
Clearly defines the employer and employee, including legal names and addresses, to establish who is bound by the contract.
Specifies the employee's position, duties, and responsibilities, providing clarity on job expectations, which helps prevent future disputes.
Details salary, payment schedule, and any additional benefits such as health insurance, retirement plans, bonuses, etc., to ensure clarity on remuneration terms.
Outlines expected working hours, overtime policies, and any flexible working arrangements, essential for setting mutual expectations.
Defines the duration of employment (if applicable) and conditions under which either party can terminate the contract, including notice periods and severance, to manage termination processes.
Requires the employee to keep proprietary information confidential, protecting the employer's business interests and trade secrets.
Restricts employee's ability to compete with employer or solicit clients and employees post-employment, although enforceability varies by state.
Outlines methods for resolving disputes, such as arbitration or mediation, which can lower litigation costs.
Ensures that if one part of the contract is invalid, the remainder stays in effect, preserving the contract’s overall integrity.
Specifies which state's laws will govern the contract and where any legal actions would be taken, providing predictability in the legal environment.
Requires any modifications to the contract to be in writing and signed by both parties, ensuring that the written contract remains the definitive source of agreement terms.
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).
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.
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