Employment Contract
Create a California-compliant real estate employment contract. Includes AB 5 classification, commission splits, MLS access, and Cal-OSHA safety requirements.
Fill the form
Customized fields for your role
Preview live
See your document update in real time
Download PDF
Free watermarked or $9 clean copy
In California, the legal distinction between an employee and an independent contractor is more critical than ever following AB 5. For real estate firms, drafting a robust employment agreement is... Read more
Customize your Employment Contract
17 fields · Takes about 2 minutes
Accept terms in the form to enable downloads
In California, the legal distinction between an employee and an independent contractor is more critical than ever following AB 5. For real estate firms, drafting a robust employment agreement is essential to prevent costly misclassification lawsuits and commission disputes. This document ensures compliance with Cal. Lab. Code § 2750.3, secures fiduciary duties, and establishes clear protocols for MLS data usage, escrow management, and property disclosure responsibilities under Cal. Civ. Code § 1102. Protect your brokerage with CA-specific clauses that address CCPA privacy mandates and the strictly enforced prohibition of non-compete agreements under Cal. Bus. & Prof. Code §§ 16600-16602.
Beyond the standard employment contract sections, this template adds fields specific to Real Estate Agent:
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.
Disclosure Violations
Using detailed disclosure forms and checklists mandated by state laws to ensure all known defects and issues with a property are disclosed to the buyer.
Breach of Fiduciary Duty
Drafting clear agency agreements that outline responsibilities and obtaining written consent for any conflicts of interest.
Commission Disputes
Clearly stated commission structures in listing agreements, along with detailed descriptions of services provided.
For this employment contract to be legally valid:
Common mistakes to avoid:
Real Estate Settlement Procedures Act (RESPA)
Governs real estate transactions involving a federally related mortgage loan, ensuring transparency regarding settlement costs.
Enforced by Consumer Financial Protection Bureau (CFPB)
Fair Housing Act
Prohibits discrimination in housing activities, including real estate transactions.
Enforced by U.S. Department of Housing and Urban Development (HUD)
State Real Estate Commission Regulations
Each state has its own real estate commission that provides rules for licensure and professional conduct for real estate agents.
Enforced by State Real Estate Commissions (varies by state)
Recommended coverage: Errors & Omissions Insurance (E&O) · General Liability Insurance
AB 5 and Cal. Lab. Code § 2750.3 established the ABC test for worker classification. While there are specific exemptions for licensed real estate agents, the contract must strictly adhere to the Business and Professions Code requirements to maintain the desired status. Our contract includes language specifically designed to address these classification standards and the underlying Borello factors where applicable.
Generally, no. Under Cal. Bus. & Prof. Code §§ 16600-16602, non-compete agreements are void in California. Our template focuses on legally enforceable protections, such as non-solicitation of proprietary trade secrets and confidentiality of client databases, which remain compliant with California law.
Yes. To mitigate commission disputes—a primary industry liability—this contract allows for detailed breakdowns of commission percentages, desk fees, and responsibilities for closing costs or earnest money handling, ensuring transparency in line with RESPA and DRE professional conduct standards.
State laws affect what must be in this document. Pick your jurisdiction.
Employment Contract
Secure your Box with Florida-compliant employment contracts. Protect against liability, enforce non-competes under Fla. Stat. § 542.335, and define WOD duties.
Employment Contract
Secure your SaaS startup with Ohio-compliant employment contracts. Protect IP, manage downtime liability, and ensure ORC 1335.15 compliance today.
Employment Contract
Create a Florida-compliant employment contract for wedding photographers. Includes equipment liability, image copyright, and non-compete clauses under Fla. Stat. § 542.335.
Employment Contract
Create a Texas-compliant SLP employment contract. Includes HIPAA, Medicare, and at-will provisions specific to Speech-Language Pathologists in Texas.
Bill of Sale
Draft a Virginia-compliant Bill of Sale for personal property in real estate. Protect commissions and ensure VCDPA & RESPA compliance for agents.
Non-Disclosure Agreement
Secure your listings and property data with a Florida-specific Real Estate NDA. Drafting compliant with Fla. Stat. § 725.01 and Chapter 542.
Bill of Sale
Create a compliant Bill of Sale for Michigan personal property transfers. Protect your commission & fiduciary duty under RESPA and Michigan MCL 566.132.
Non-Disclosure Agreement
Create a PA-compliant NDA for real estate transactions. Protect MLS data, commission structures, and client secrets under Pennsylvania state law and RESPA.