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Employment Contract

Texas Employment Contract for Real Estate Agents

Create a Texas-compliant real estate agent employment contract featuring at-will terms, commission structures, and DTPA protections under Texas law.

By The PaperForge Editorial Team·Last updated February 28, 2026
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In the high-stakes Texas real estate market, a handshake is not enough. This employment contract is engineered to address the specific complexities of the Texas Business and Commerce Code, including... Read more

Why You Need This Employment Contract

In the high-stakes Texas real estate market, a handshake is not enough. This employment contract is engineered to address the specific complexities of the Texas Business and Commerce Code, including Statute of Frauds requirements for commissions. By clearly defining fiduciary duties and MLS participation, you mitigate risks related to disclosure violations and DTPA consumer protection claims. Whether you are scaling a brokerage in Austin or hiring in Dallas, this document ensures your agency agreements are legally robust and non-compete clauses are ancillary to an enforceable agreement as required by Tex. Bus. & Com. Code § 15.50.

Employment Terms & Protections

What This Contract Covers

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

+Commission Split Percentage(Payment)
+Texas Real Estate License Number(Parties)
+Escrow and Earnest Money Procedures(Job Title and Description)
+Payment Frequency(Payment)
+Non-Compete Radius (Miles)(Non-Compete and Non-Solicitation Clauses)

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

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.

Employment Law in Texas

Tex. Lab. Code § 21.051 — Prohibits employment discrimination based on race, color, disability, religion, sex, national origin, or age in Texas.
Tex. Bus. & Com. Code § 15.50 — Texas law requires non-compete agreements to be ancillary to or part of an otherwise enforceable agreement at the time the agreement is made, which is stricter than some states.
Tex. Lab. Code § 62 — Regulates minimum wage and overtime payment in Texas, typically adhering to federal minimum wage laws, but with some unique provisions for certain types of employees, such as disabled workers.

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 Texas 'At-Will' employment affect this real estate contract?

Texas is an at-will employment state, meaning either party can terminate the relationship for any lawful reason at any time. This contract includes an Employment Term and Termination clause that respects this standard while outlining notice periods to ensure a smooth transition of escrowed properties and earnest money responsibilities.

02

Does this contract satisfy the Texas Statute of Frauds for commission payments?

Yes. Under Tex. Bus. & Com. Code § 26.01, agreements regarding real estate commissions must be in writing to be enforceable. This document provides a dedicated Compensation and Benefits section to detail salary, commission splits, and payment schedules to prevent future litigation.

03

Are non-compete clauses for agents enforceable in Texas?

In Texas, non-compete agreements are enforceable only if they are ancillary to or part of an otherwise enforceable agreement at the time the agreement is made (Tex. Bus. & Com. Code § 15.50). This contract is drafted to meeting those strict standards by tying restrictive covenants to the protection of confidential client lists and proprietary MLS data.

04

How does this document handle fiduciary duty and DTPA risks?

The contract specifies job duties that mandate compliance with the Fair Housing Act and RESPA. By clearly defining the agent's scope of authority, it helps the brokerage mitigate vicarious liability for Deceptive Trade Practices Act (DTPA) violations or breaches of fiduciary duty.

Employment Contract for Real Estate Agent by state

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

  • No state (generic)
  • California
  • Florida
  • Georgia
  • Massachusetts
  • Michigan
  • New Jersey
  • Ohio

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