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Employment Contract
Create a MA-compliant Commercial Real Estate Broker employment contract. Address M.G.L. ch. 149 reforms, commission disputes, and Chapter 93A liability.
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In the high-stakes world of Massachusetts commercial real estate, a handshake is not enough to protect your brokerage from commission disputes or misrepresentation claims under M.G.L. ch. 93A... Read more
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[Treatment of Tenant Improvement (TI) Allowances]
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 world of Massachusetts commercial real estate, a handshake is not enough to protect your brokerage from commission disputes or misrepresentation claims under M.G.L. ch. 93A (Consumer Protection Act). This contract is engineered to navigate the 2018 Massachusetts Noncompete Agreement Act (M.G.L. ch. 149, § 24L), ensuring your restrictive covenants are enforceable through mandatory garden leave or other consideration. Protect your firm from wage theft liabilities under M.G.L. ch. 149, § 148 by clearly defining commission trigger points for complex assets like triple net leases and cap-rate sensitive acquisitions.
The contract includes provisions for either 'garden leave' (paying 50% of the employee’s highest annualized base salary) or 'other mutually agreed-upon consideration' as required by M.G.L. ch. 149, § 24L, ensuring your non-compete is legally enforcable in the Commonwealth.
Yes. It features specific clauses to define when a commission is earned—whether upon LOI execution, lease signing, or tenant occupancy—to prevent disputes over Common Area Maintenance (CAM) reconciliations and Tenant Improvement (TI) allowances.
The contract establishes clear payment schedules and defines 'earned' commissions to ensure compliance with the Massachusetts Wage Act, which mandates timely payment of all wages, including certain commissions, upon termination.
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