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Employment Contract
Create a California-compliant real estate employment contract. Includes AB 5 classification, commission splits, MLS access, and Cal-OSHA safety requirements.
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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
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Customize your Employment Contract
9 fields · Takes about 2 minutes
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[MLS and Trade Secret Protection]
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 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.
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.
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