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