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Employment Contract

Employment Contract for Commercial Real Estate Brokers in Georgia

Create a Georgia-compliant commercial real estate broker employment contract. Protect commissions, define non-competes under O.C.G.A. § 13-8-50, and manage at-will terms.

By The PaperForge Editorial Team·Last updated February 28, 2026
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In the high-stakes world of Georgia commercial real estate, a handshake is not enough to protect your commissions or your firm's proprietary cap rate data and LOI templates. This specialized... Read more

Why You Need This Employment Contract

In the high-stakes world of Georgia commercial real estate, a handshake is not enough to protect your commissions or your firm's proprietary cap rate data and LOI templates. This specialized employment contract integrates the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50) to ensure non-compete and non-solicitation clauses are enforceable, while clearly defining 'at-will' status under O.C.G.A. § 34-7-1. Whether you are managing triple net leases or complex industrial developments, this document mitigates misrepresentation claims and CAM charge disputes by establishing clear professional standards and compensation triggers.

Employment Terms & Protections

What This Contract Covers

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

+Commission Escalation & Trigger(Compensation and Benefits)
+Monthly Draw Amount (if applicable)(Compensation and Benefits)
+Geographic Scope (Restrictive Covenants)(Post-Employment Restrictions)
+Maximum TI Allowance Signature Authority(Job Title and Description)
+Georgia Real Estate License Number(Parties)

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.

Employment Law in Georgia

O.C.G.A. § 34-7-1 — Establishes Georgia as an at-will employment state, allowing termination for any reason that's not illegal; however, exceptions exist through public policy and implied contract claims.
O.C.G.A. § 13-8-50 et seq. — Georgia's Restrictive Covenants Act, which outlines the enforceability of non-compete agreements by specifying considerations such as duration, geographic scope, and scope of activities that can be restricted.
O.C.G.A. § 47-3-22 — Sets forth minimum wage laws that conform to federal minimum wage standards, with specific provisions for tipped employees.

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.

Frequently Asked Questions

01

How does Georgia's At-Will status affect broker termination?

Under O.C.G.A. § 34-7-1, Georgia is an at-will state, meaning either party can terminate the relationship for any legal reason. However, our contract ensures that earned commissions on pending LOIs or executed leases are clearly accounted for post-termination to prevent common industry disputes.

02

Are non-compete clauses for CRE brokers enforceable in Georgia?

Yes, provided they comply with the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.). The contract must be reasonable in duration, geographic scope, and the specific brokerage activities restricted. We include language designed to meet these specific statutory requirements.

03

How does this contract handle commission disputes and CAM charges?

This agreement requires a detailed commission schedule to be attached, defining the exact 'trigger points' for payment—such as lease execution or tenant occupancy. It also mandates that brokers provide accurate disclosures regarding Common Area Maintenance (CAM) and Tenant Improvement (TI) allowances to mitigate liability for misrepresentation.

04

Does this document address RESPA and TILA compliance?

While these are federal regulations, our contract includes clauses requiring the broker to adhere to all CFPB guidelines, ensuring transparency in settlement services and financing disclosures during commercial transactions.

Employment Contract for Commercial Real Estate Broker by state

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

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

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