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Employment Contract

Custom Employment Contract for Commercial Real Estate Brokers in Florida

Secure your brokerage operations with Florida-compliant employment contracts. Address Fla. Stat. § 542.335, commission trigger points, and CAM charge disputes.

By The PaperForge Editorial Team·Last updated June 10, 2026
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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

Customize your Employment Contract

17 fields · Takes about 2 minutes

Parties
Position
Terms
Compensation
$
Signatures
Compensation and Benefits
Job Title and Description

Identify if the broker is prohibited from representing specific asset classes (e.g., Triple Net Retail vs. Industrial) or specific proprietary leads of the firm to comply with Fla. Stat. § 542.335.

Non-Compete and Non-Solicitation

EMPLOYMENT CONTRACT

Legal Document

This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."

WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;

WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Position and Duties

Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.

2. Compensation

In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.

3. Benefits

Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.

4. Work Location and Schedule

Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.

5. Term of Employment

Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").

6. Termination

This Agreement and Employee's employment may be terminated under the following circumstances:

7. Confidentiality

Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.

8. Non-Solicitation

During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.

9. Return of Company Property

Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.

11. Miscellaneous

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

Annual Salary:—
Pay Frequency:—
Start Date:—
Employment Type:—

Additional Details

Benefits: [benefits]
Commission Payment Trigger Point: [commission trigger point]
Tenant Improvement (TI) Negotiation Limit: [ti allowance authority]
Non-Compete Geographic Radius (Miles): [restrictive covenant radius]
Specific Property/Asset Class Exclusions:

[exclusive listing limitations]

IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.

Employer

Name: Employer

Date: ___________________

Employee

Name: Employee

Date: ___________________

EMPLOYMENT CONTRACT

Legal Document

This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."

WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;

WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Position and Duties

Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.

2. Compensation

In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.

3. Benefits

Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.

4. Work Location and Schedule

Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.

5. Term of Employment

Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").

6. Termination

This Agreement and Employee's employment may be terminated under the following circumstances:

7. Confidentiality

Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.

8. Non-Solicitation

During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.

9. Return of Company Property

Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.

11. Miscellaneous

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

Annual Salary:—
Pay Frequency:—
Start Date:—
Employment Type:—

Additional Details

Benefits: [benefits]
Commission Payment Trigger Point: [commission trigger point]
Tenant Improvement (TI) Negotiation Limit: [ti allowance authority]
Non-Compete Geographic Radius (Miles): [restrictive covenant radius]
Specific Property/Asset Class Exclusions:

[exclusive listing limitations]

IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.

Employer

Name: Employer

Date: ___________________

Employee

Name: Employee

Date: ___________________

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Customize your Employment Contract

17 fields · Takes about 2 minutes

Parties
Position
Terms
Compensation
$
Signatures
Compensation and Benefits
Job Title and Description

Identify if the broker is prohibited from representing specific asset classes (e.g., Triple Net Retail vs. Industrial) or specific proprietary leads of the firm to comply with Fla. Stat. § 542.335.

Non-Compete and Non-Solicitation

EMPLOYMENT CONTRACT

Legal Document

This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."

WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;

WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Position and Duties

Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.

2. Compensation

In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.

3. Benefits

Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.

4. Work Location and Schedule

Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.

5. Term of Employment

Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").

6. Termination

This Agreement and Employee's employment may be terminated under the following circumstances:

7. Confidentiality

Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.

8. Non-Solicitation

During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.

9. Return of Company Property

Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.

11. Miscellaneous

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

Annual Salary:—
Pay Frequency:—
Start Date:—
Employment Type:—

Additional Details

Benefits: [benefits]
Commission Payment Trigger Point: [commission trigger point]
Tenant Improvement (TI) Negotiation Limit: [ti allowance authority]
Non-Compete Geographic Radius (Miles): [restrictive covenant radius]
Specific Property/Asset Class Exclusions:

[exclusive listing limitations]

IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.

Employer

Name: Employer

Date: ___________________

Employee

Name: Employee

Date: ___________________

EMPLOYMENT CONTRACT

Legal Document

This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."

WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;

WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Position and Duties

Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.

2. Compensation

In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.

3. Benefits

Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.

4. Work Location and Schedule

Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.

5. Term of Employment

Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").

6. Termination

This Agreement and Employee's employment may be terminated under the following circumstances:

7. Confidentiality

Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.

8. Non-Solicitation

During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.

9. Return of Company Property

Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.

11. Miscellaneous

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

Annual Salary:—
Pay Frequency:—
Start Date:—
Employment Type:—

Additional Details

Benefits: [benefits]
Commission Payment Trigger Point: [commission trigger point]
Tenant Improvement (TI) Negotiation Limit: [ti allowance authority]
Non-Compete Geographic Radius (Miles): [restrictive covenant radius]
Specific Property/Asset Class Exclusions:

[exclusive listing limitations]

IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.

Employer

Name: Employer

Date: ___________________

Employee

Name: Employee

Date: ___________________

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Why You Need This Employment Contract

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).

Employment Terms & Protections

What This Contract Covers

Beyond the standard employment contract sections, this template adds fields specific to Commercial Real Estate Broker:

+Commission Payment Trigger Point(Compensation and Benefits)
+Tenant Improvement (TI) Negotiation Limit(Job Title and Description)
+Non-Compete Geographic Radius (Miles)(Non-Compete and Non-Solicitation)
+Specific Property/Asset Class Exclusions(Job Title and Description)

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.

Employment Risks This Contract Addresses

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.

Lease liability issues

Including precise language in leases regarding responsibilities for maintenance, repairs, and liabilities to avoid disputes.

Employment Law in Florida

Fla. Stat. § 542.335 — This statute governs the enforceability of non-compete agreements, requiring them to be reasonable in time, area, and line of business. It provides more clarity and stricter scrutiny than in some states regarding the legitimate business interests that must justify a restrictive covenant.
Fla. Stat. § 448.110 — The Florida Minimum Wage Act provides state-specific regulations on wage levels that may differ from the federal minimum wage, ensuring that workers receive a higher rate if the state rate exceeds the federal rate.
Fla. Stat. § 448.101 to § 448.105 — Florida's Whistleblower’s Act protects employees from retaliatory actions by employers when they disclose or threaten to disclose certain types of information.

What Makes This Contract Enforceable

For this employment contract to be legally valid:

  • +Signatures of both employer and employee to indicate acceptance of the contract terms.
  • +Consideration (usually in the form of the job and expected remuneration) to validate the contract.
  • +Clear terms without portions that are unconscionably unfair or illegal.
  • +Compliance with applicable state and federal employment laws, such as minimum wage and overtime requirements.
  • +Adherence to electronic signature laws if signed digitally, ensuring authenticity and consent.

Common mistakes to avoid:

  • !Failing to include specific job duties and performance expectations, leading to misunderstandings about role requirements.
  • !Omitting comprehensive termination clauses, which can lead to disputes or wrongful termination claims.
  • !Using overly broad non-compete clauses that may be unenforceable in many states (e.g., California).
  • !Not updating the contract to reflect changes in job role, compensation, or legal requirements.
  • !Neglecting to specify state law governing the contract, which can create legal uncertainties.

Florida-Specific Provisions to Watch

  • +Florida's homestead exemption provides robust protection from forced sale by creditors for a primary residence.
  • +Florida's Public Records Law (Fla. Stat. § 119) is one of the most open, affecting businesses in possession of public records.
  • +Florida Building Code requirements apply uniquely and some stipulations can affect construction contracts and liability.
  • +Florida's Privacy of Firearms Owners Act regulates the use of information related to gun ownership in ways that may affect certain business practices.
  • +The Condominium Act under Chapter 718 regulates condominium associations and affects real estate development and transactions.

Regulations Commercial Real Estate Broker Must Know

Real Estate Settlement Procedures Act (RESPA)

Governs real estate transactions including commercial ones, ensuring transparency in settlement services.

Enforced by Consumer Financial Protection Bureau (CFPB)

Truth in Lending Act (TILA)

Regulates the disclosure of credit terms to protect against unfair billing and credit card practices, applicable when financing is involved in commercial real estate.

Enforced by Consumer Financial Protection Bureau (CFPB)

Uniform Commercial Code (UCC)

While not a federal regulation, UCC is widely adopted state-level legislation that governs commercial transactions including real estate deals.

Enforced by Various state governments

Licensing & Insurance for Commercial Real Estate Broker

  • +State real estate license (specific requirements vary by state, typically involves passing an exam and completing a certain number of course hours)
  • +Continuing education to maintain the license (varies by state)

Recommended coverage: Errors & Omissions Insurance · General Liability Insurance · Professional Liability Insurance

Contract Pitfalls Specific to Commercial Real Estate Broker

  • !Disputes over commission payments, often due to unclear or unstated trigger points for payment.
  • !Ambiguities in lease agreements, particularly relating to responsibilities for repairs and maintenance based on lease types like triple net or full service.
  • !Misinterpretations of LOI (Letter of Intent) non-binding clauses, leading to assumed obligations before a formal contract is signed.
  • !Negotiations over CAM (Common Area Maintenance) charges, which are often a contentious point between landlords and tenants.
  • !Disagreements on tenant improvement allowances and responsibilities for costs exceeding the agreed amount.

Frequently Asked Questions

01

How are non-compete clauses treated for Florida CRE brokers?

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.

02

Does this contract address commission trigger points and disputes?

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.

03

How does Florida law impact the Statute of Frauds in this agreement?

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.

04

What happens if a broker misrepresents property data like CAM charges?

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.

Employment Contract for Commercial Real Estate Broker by state

State laws affect what must be in this document. Pick your jurisdiction.

  • California
  • Georgia
  • Massachusetts
  • Michigan
  • New Jersey
  • Ohio
  • Texas

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