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Test of Charles Rutenberg Independent

AGREEMENT, this                     day of                                   , 2017    ,   ROUGH DRAFT 6/13/17

by and between
(hereinafter referred to as the “Rutenberg Agent”)
residing at                                                                                                                                      
Email address                                                                  Cell#                                                      
and Charles Rutenberg Realty, Inc. and its successor and assigns, having a principal place of business at 255 Executive Drive, Suite 208, Plainview, NY 11803 (hereinafter referred to as the “Real Estate Broker”).

WHEREAS, Rutenberg Agent shall at all times maintain individual membership status in good standing with their applicable local board of the National Association of Realtors.

WHEREAS, this contract expressly incorporates by reference, as if fully set forth herein, both the REALTOR Code of Ethics and all federal, state and local laws applicable to the real estate brokerage industry. Compliance with the REALTOR Code of Ethics and applicable law is an essential term of this contract.

WHEREAS, Rutenberg Agent and Real Estate Broker are each respectively duly licensed, as Real Estate Brokerage, Associate Real Estate Broker or Real Estate Salesperson, as applicable, pursuant to Article 12-A of the Real Property Law of the State of New York, and
WHEREAS, the parties hereto have freely and voluntarily entered into this Contract, without duress. NOW, THEREFORE, in consideration of the mutual promises herein contained, it is hereby agreed

as follows:

  1. Independent Contractor Election: It is expressly understood and agreed that Rutenberg Agent is engaged as an Independent Contractor associated with the Real Estate Broker pursuant to 19

NYCRR 175.27.

  1. a. Rutenberg Agent shall be treated as an associate, as defined in Real Property Law §440(5), for only those purposes as required pursuant Article 12-A of the Real Property La
  2. Rutenberg Agent shall be treated as an Independent Contractor for all other purposes, including but not limited to Federal and State Income taxation, withholding tax regulations, Unemployment Insurance and Workers’ Compensation coverages.
  3. c. Rutenberg Agent acknowledges that Real Estate Broker has no obligation to provide any workers’ compensation, unemployment compensation, health or accident insurance and/or any other type of insurance coverage with respect to Rutenberg Agent as an Independent Contrac
  4. Rutenberg Agent understands and agrees that such Rutenberg Agent is wholly and solely responsible for maintaining adequate insurance coverage and, if appropriate, for all persons engaged by you (Independent Contractor).

 

  1. Adequate insurance coverage shall, at a minimum, include any legally required benefits and insurance, including Workers’ Compensation and automobile liability insurance for the operator of all motor vehicles used in the performance of this Contract.
  2. f. In such, Rutenberg Agent is directed to seek both the independent legal advice of a duly licensed attorney and the independent tax advice of a certified public accou Rutenberg Agent acknowledges that no legal or tax advice is rendered by Real Estate Broker by way of this contract.
  3. g. Rutenberg Agent shall:

 

  1. Be paid a commission on Rutenberg Agent’s gross sales, if any, without deduction for taxes, which commission shall be directly related to sales, rentals or other output as permitted by applicable law;
  2. Not be entitled to a draw against commissions;
  • Not receive any remuneration related to the number of hours worked; and
  1. Be permitted to work such hours as Rutenberg Agent may elect to wor

 

  1. Rutenberg Agent shall be permitted to work out of Rutenberg Agent’s residence or the offices of Real Estate Broker or any other location in the sole discretion of Rutenberg Age Only licensed Real Estate locations may be advertised as Real Estate offices or published on mailings or business cards.
  2. Rutenberg Agent shall be free to engage in outside employ
  3. Real Estate Broker may provide office facilities and supplies for the use of Rutenberg Age All other expenses, including but not limited to automobile, travel, and entertainment expenses shall be borne by Rutenberg Agent.
  4. Real Estate Broker may offer initial trainings and hold periodic office meetings and/or training The attendance by Rutenberg Agent at such sessions shall be at the option of Rutenberg Agent unless trainings or meetings are designated as mandatory functions to provide required supervision.
  5. Real Estate Broker may offer a group insurance plan, and if Rutenberg Agent choses to participate therein, all premiums shall be paid by Rutenberg Agent.
  6. Real Estate Broker may elect, but shall be under no obligation, to assign leads to Rutenberg Agent on a rotating basis; a referral fee may be required. Rutenberg Agent shall be responsible for procuring Rutenberg Agent’s own leads.

 

  1. Policy and Procedures: The Charles Rutenberg Realty Policies and Procedures Manual (hereinafter referred to as the “Manual”), as set forth at Charles Rutenberg Office and in the agent section of our website, is expressly incorporated by reference into this contract as if fully set forth herein. The Manual may be changed from time to time at the sole discretion and control of the Real Estate Broker without advance notice to the Rutenberg Agent. Compliance with the Manual is an essential term of this contract.

 

  1. Commission:
  2. Earned commission monies, less any monies owing to Real Estate Broker by Rutenberg Agent, shall be paid to the Rutenberg Agent by Real Estate Broker by way of company check upon:
    1. Receipt, processing and clearing of commission monies from brokerage client, customer and/or co-brokering real estate brokerage; and

 

  1. Receipt of properly executed company-required documents, as set forth in company policy, having been provided to Rutenberg Agent by Real Estate Broker.

 

  1. Commission will be paid on gross commissions paid to Real Estate Broker
    1. Conventional Residential Sales: 100% Commission to Rutenberg Agent.
    2. Conventional Residential Rentals: 90% Commission to Rutenberg Agent.
  • Referrals and Consulting Fees: 90% Fee paid to Rutenberg Agent.
  1. Commercial Sales and Rentals in commission in one year:

 

  • 82% Commission to Rutenberg Agent until Agent earns $50,000.
  • 85% Commission to Rutenberg Agent after Agent earns $50,0
  • 90% Commission to Rutenberg Agent after Agent earns over $100,

 

  1. Business Brokerage Transactions: 65% Commission to Rutenberg Agent
  2. Short Sale Transactions: 95% Commission to Rutenberg Agent.

 

  1. All transactions done in Manhattan; Park Slope Brooklyn; Williamsburg Brooklyn; and other areas as may be listed in office and/or website will be subject to a separate fee sche This paragraph 3.c. shall supersede any and all other stipulations in this agreement.
  2. Amount of commissions paid or due to Agent, as set forth at paragraph 3.b., shall be final unless there are claims, or pending claims, made against the Rutenberg Agent and/or Real Estate Broker concerning said commissions paid or due, and/or any claims for damages made against the transaction. If such claims are made, or modification is applicable, Rutenberg Agent agrees to return the portion in dispute and/or authorize Real Estate Broker to withhold any disputed amount from Rutenberg Agent’s current or future commission(s) until such time as the dispute is resolved. Rutenberg Agent agrees that Real Estate Broker has the right to hold and/or apply any commission(s) owing to Rutenberg Agent, as may be necessary to pay for and/or secure any obligations of Rutenberg Agent or Real Estate Broker, including, but not limited to, reasonable legal fees, and/or costs and/or expenses in the defense of such claim.
  3. e. As necessitated by the supervisory requirement of Real Estate License Law, the Broker or Manager may elect to, be asked to or be required to intervene or provide extraordinary support on a Rutenberg Agent’s transaction. The Broker, at his sole discretion, may assess additional fees or commission for work required. In no event will the additional commission exceed 70% of the Agents commiss
  4. f. Personal checks from clients, customers, attorneys or co-brokering real estate brokers are not to be accepted as payment of commissions on any transacti If personal checks are issued and cannot be rescinded, a minimum waiting period of at least four (4) weeks for commission pay-out may apply. Additional Administration fee may apply.
  5. g. Minimum Transaction Fee of $00.

 

  1. Monthly Affiliation Payments and Administrative Transaction Fees:
  2. Monthly Affiliation Payment is due and owing on the 1st business day of each mont

$39.00 at Plainview office. $________ at ____________________ branch office.

  1. Administrative Transaction Fees: Administrative Transaction Fee will be taken from Gross Commission on Residential, Commercial and Business Transactions paid to Agent payee as Follows:

$   295 up to $5,000                                  $   895 from $15,001 up to $25,000

$   495 from $5,001 to $9000                   $1,095 from $25,001 up to $50,000

$   695 from $9,001 up to $15,000           $1,295 from $50,001 and over

  1. Monthly Affiliation Payments: Rutenberg Agent will provide to Real Estate Broker a valid debit or credit card number and authorize Real Estate Broker to charge the card for the Monthly Affiliation Payment and any other incurred expenses, as payments become du Monthly Affiliation Payments shall be charged to the Rutenberg Agent on or about the 1st business day of each month. If, for any reason, the Monthly Affiliation Payment or expenses cannot be collected from the designated card, the Rutenberg Agent shall be subject to an additional Administration fee of $25.00/month and late payment shall be considered in arrears.
  2. Agent in Arrears: If a Rutenberg Agent is Three (3) months in arrears with their dues obligation, Rutenberg Agent’s commission structure will be converted to 50% to the Rutenberg Agent and 50% to Real Estate Broker on all transacti Rutenberg Agent’s commission will be paid only after all outstanding Rutenberg Agent obligations have been deducted from gross commissions. Rutenberg Agent may be converted back to prior commission structure, at the sole discretion of the Real Estate Broker.
  3. Agent As Principal: Should Rutenberg Agent be a principal in a transaction of their primary residence and should Rutenberg Agent post a listing concerning the same on MLS, Rutenberg Agent shall first notify Real Estate Broker before listing said primary residence. The Agent shall comply with 19 NYCRR 175.4, 5, and 6, while also including such clause(s) as required of a licensee of the New York State Department of State in any real estate advertisements, contracts and/or lease agreements. A $250.00 fee shall be due and payable to Real Estate Broker immediately upon the closing of title to said transaction and/or the transfer of a majority ownership interest of any entity which is the titled owner of the subject residence. Should Rutenberg Agent be a principal in a transaction other than of the primary residence, standard fees apply.

 

  1. 5. Administrative Assessments: Rutenberg Agent acknowledges that Rutenberg Agent has been informed of Policies and Procedures required by Real Estate Broker which are to be performed by Rutenberg Agent; including, but not limited to submitting documents, submitting advertisements and marketing for approval, professional conduct (i.e., timely response to clients, consumers and Agents), and timely compliance with office requests. If the Rutenberg Agent fails to perform their duties, or follow rules as required by Real Estate Broker, applicable local board of the National Association of Realtors and/or applicable law, Real Estate Broker shall have the sole discretion to levy assessments in addition to any fines received by Rutenberg Agent, which will be due and payable by Rutenberg Agent. Fines assessed by Real Estate Boards, DOS or Regulatory Agencies that are billed directly to Charles Rutenberg Realty, will be doubled and charged back to the Rutenberg Agent. Other Administrative Assessments by Real Estate Broker shall vary depending on the actions of the Rutenberg Agent.

 

 

 

 

  1. Legal Matters: Agent Acknowledges that if legal proceedings are entered into by Real Estate Broker to collect commission or monies as may be due to Agent for activities under Real Estate Broker, a minimum of 15% and up to a maximum of 50%, of the proceeds recovered, to be determined at the sole discretion of Real Estate Broker, will be paid to the Real Estate Broker. Agent will be responsible for all legal fees and expenses.

 

  1. Termination: This contract and the association created thereby may be terminated by either party, without cause, for any reason, at any time upon notice given by one party to the other. No explanation of termination is required by either party.

 

  1. Upon Termination: In the event that the independent contractual relationship between Real Estate Broker and Rutenberg Agent is terminated, Rutenberg Agent may request their listing(s), which were obtained through the efforts of the Rutenberg Agent during the term of their association with Real Estate Broker, to be released by Real Estate Broker. Real Estate Broker’s acceptance of any such request is strictly conditioned on Rutenberg Agent having no outstanding commission disputes, as well as any dues, fees and expenses owing to Real Estate Broker have been paid in full. At the sole discretion of the Real Estate Broker, Real Estate Broker may allow Rutenberg Agent up to a week after termination to get a signed release from Owner(s), said release must be approved by Real Estate Broker. If releases have not been received from Owner(s) to the Real Estate Broker within the designated time period allotted, the Real Estate Broker may then send the Owner(s) a letter informing them of the current relationship between Real Estate Broker and Rutenberg Agent as well as offering them various options. All listings in contract prior to Agent termination will stay with Charles Rutenberg through to closing. Commissions earned and paid on all transactions completed prior to the Rutenberg Agent’s termination will be disbursed to the Rutenberg Agent in compliance with the plan in effect at the time the contract was executed and subject to which all real estate matters have been resolved, if no additional work is required by Real Estate Broker, as well as any dues, fees and expenses owing to Real Estate Broker are paid in full.

 

  1. Training, Marketing, Advertising and/or E&O Insurance: Real Estate Broker shall provide Errors and Omissions Insurance coverage and selected Training, Marketing and Advertising service However, Rutenberg Agent acknowledges and agrees that an amount of up to $190.00 per calendar year may be assessed to Rutenberg Agent and immediately become due and owing to Real Estate Broker in order to cover expenses for the above services.

 

  1. Intellectual Property: Rutenberg Agent hereby irrevocably assigns to Real Estate Broker all of Rutenberg Agent’s right, title and interest in any copyright, trademark, tradename and/or patent (hereinafter referred to as the “Intellectual Property Rights”) in any property listing posted and/or otherwise provided by Rutenberg Agent in any real estate listing system, including but not limited to the MLS syste Such right, title and interest shall be deemed assigned as of the moment of creation without any further action necessary on the part of either party. Rutenberg Agent represents that it has the legal right to utilize and assign all such Intellectual Property Rights as applicable to this paragraph.

 

  1. Miscellaneous:
  2. Merger: All prior understandings, agreements, representations and warranties, oral or written, between the parties are merged in this contrac It completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract.
  3. Plural/Gender: Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it.
  4. Titles: The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof.
  5. Binding: This contract shall not be binding, or effective until duly executed and delivered between the pa
  6. Further Acts: Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contrac Additionally, Rutenberg Agent further acknowledges that Real Estate Broker from time to time may elect to change any part of this contract.  Any such changes will be posted on the company website under Office Policy and Rutenberg Agent will additionally be notified by the email on file at Real Estate Brokers office of such changes made.  Said changes will be considered an addendum to this contract and in full force and effect.
  7. Cooperation: Rutenberg Agent agrees to fully cooperate with Real Estate Broker as necessary, to resolve any transactions, claims and/or disputes which are pending at the time, or which arise after, Rutenberg Agent’s independent contractual relationship with Real Estate Broker has been terminated; whether initiated by or against Real Estate Broke In all such matters, Rutenberg Agent shall pay all reasonable attorneys’ fees, costs and expenses. Rutenberg Agent shall also give over control of any and all such matters, including the right to select counsel of Real Estate Broker’s choosing.
  8. Choice of Law: The validity and interpretation of this contract and each clause and part thereof shall be governed by the laws of, and construed in accordance with, the laws and regulations then prevailing in the State of New York, without regard principles of choice of la
  9. Notices: Any and all notices, designations, consents, offers, acceptances, or any other communication provided for herein shall be given in writing via email, certified mail,                            return receipt requested or via overnight courier, which shall be addressed to the parties                            addresses as designated herein. It is the obligation of Rutenberg Agent, at all times, to                            provide a current email and home address on file at the Real Estate Broker’s office.
  10. Waiver: Except as otherwise provided herein, no breach of any of the terms, covenants, conditions and provisions of this contract may be waived except by written instrument duly executed by the party to be charged, with the same formality as this contract; provided, however, that the failure of any party to insist upon strict performance of any of the provisions of this contract shall not be construed as a waiver of any rights created by this contract or otherwise.

 

  1. Hold Harmless: As a material provision of this contract, Rutenberg Agent shall, for all actions that Rutenberg Agent undertakes during his/her independent contractual relationship with Real Estate Broker, indemnify and hold harmless Real Estate Broker, its affiliated real estate broker(s), staff, heirs, successors, and/or assigns, from and against, any and all claims, complaints, causes of action, Realtor® arbitration demands, damages and/or liabilities of any and every kind whatsoever, whether known or unknown, including without limitation of any acts, omissions, negligence or any other basis of liability or complaint, in any forum brought by any third-party against Real Estate Broker, its affiliated real estate broker(s), and/or staff, including reasonable attorneys’ fees and costs. Rutenberg Agent shall give over control to Real Estate Broker of any and all defense to any claim(s) concerning the same, including the right to select counsel of Real Estate Broker’s choosing. Rutenberg Agent shall cooperate in such defense to the fullest extent practicable.
  2. Limitation on Authority: No action and/or complaint arising out of a real estate transaction in which Real Estate Broker was involved may be brought by Rutenberg Agent before any judicial and/or administrative body, against any third-party, without prior written consent of Real Estate Broker.
  3. No Action Clause: As a condition precedent to either party bringing a claim and/or lawsuit and/or arbitration for any breach of this contract such party shall first notify the other party of the specific nature of the alleged breach, including, but not limited to an allegation of the specific paragraph breached, the date of such breach, and the facts giving rise to such breach. The parties expressly agree to bring no claims, lawsuits and/or arbitrations under this contract for a period of six (6) months from the date of receipt of such notice. The parties shall negotiate in good faith to settle any disputes under this contract during said six (6) month no action period.
  4. Arbitration: Except as prohibited by law, each party to this contract agrees that, any claim, controversy or legal dispute arising out of or relating to this contract between them or between Rutenberg Agent and any officer, director, shareholder, agent or employee of Real Estate Broker, each of whom is hereby designated as express third party beneficiary of this contract, will be resolved through binding arbitration administered by one (1) arbitrator at the American Arbitration Association in accordance with its Commercial Arbitration Rules.
  5. Choice of Forum: Any dispute concerning the enforceability of the arbitration paragraph “m.” herein and/or any application for equitable relief arising out of this contract, including, but not limited to an application for an injunction, may be brought in any court of competent jurisdiction within the State of New York, County of Suffolk.
  6. Attorneys’ Fees: Rutenberg Agent shall pay Real Estate Broker all costs and expenses incurred in enforcing this Independent Contractor Agreement, regardless if such costs and expenses were incurred by way of informal demand and negotiations, alternative dispute resolution and/or litigation. Costs and expenses shall include, but not be limited to, reasonable attorneys’ fees and arbitration / court fees.
  7. Independent Enforceability: Each of the respective rights, duties, responsibilities and obligations of the parties hereunder shall be deemed independent of each other and may be enforced independently.
  8. q. Partial Invalidity: If any paragraph, subparagraph, sentence, clause, phrase or portion of this contract shall for any reason be held invalid by any court of competent jurisdiction or arbitrator, the same shall be deemed a separate, distinct and independent provision and such court ruling shall not affect the validity of the remainder of this Contract.

 

  1. r. Counterparts/Electronic Signatures: This contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same instrume However, the contract shall not be effective or enforceable against any party hereto until all parties have completely and properly executed at least one counterpart of the contract. This contract may be executed by facsimile signatures, electronic (i.e. email) or portable document format (“.PDF”) that shall be deemed originals; facsimile signatures or PDF signatures shall be treated as original signatures; and facsimile or PDF copies of this contract shall be treated as original copies of this contract.

IN WITNESS WHEREOF, the individual parties hereto have hereunto set their hands and/or seals, and any corporate party has caused this instrument to be signed by a corporate officer and caused its corporate seal to be hereunto affixed, all as of the day and year first above written.

Rutenberg Agent                                                                                 Dated

Joseph Moshe                                                                                      Dated

Real Estate Broker

NYC Independent Contractor Addendum to the Charles Rutenberg Realty, Inc. Independent Contractor Relationship Agreement pursuant to New York City Administrative Code Title 20: Consumer Affairs, Chapter 10: Freelance Workers (FIFA)

  1. For the purposes of this addendum, the term “Sales Associate” shall also mean “Freelance Worker” and the term “Broker” shall also mean “Hiring Party” as defined in §20-927 of the New York City Administrative Code.

 

  1. The Sales Associate/Freelance Worker will provide the following services for the Broker/Hiring Party:

Lists for sale, sells, at auction or otherwise, exchanges, buys or rents, or offers or attempts to negotiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates or offers or attempts to negotiate, a loan secured or to be secured by a mortgage, other than a residential mortgage loan, as defined in §590 of the Banking Law, or other encumbrances upon or transfer of the real estate, or is engaged in the business of a tenant relocator, as defined in §590 of the Real Property Law or who, notwithstanding any other provision of law, performs any of the above stated functions with respect to the resale of condominium property originally sold pursuant to the provisions of the General Business Law governing real estate syndication offerings.  In the sale of lots pursuant to the provisions of article 9-A of the Real Property Law employed by or on behalf of the owner or owners of lots or other parcels of real estate, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange, or offer or attempt or agree to negotiate the sale or exchange, of any such lot or parcel of real estate.

  1. Sales Associate/Freelance Worker shall be paid:
    1. A commission on Sales Associate/Freelance Worker’s sales, if any, without deduction for taxes, which commission shall be directly related to sales or other output.
    2. When the Sales Associate/Freelance Worker is the “procuring cause” of the transaction.
    3. Within 30 days of the receipt of the full commission paid to the Broker/Hiring Party for the transaction.
    4. Pursuant to a separate “Commission Agreement” between the Sales Associate/Freelance Worker and Broker/Hiring Party attached hereto and made a part hereof.

 

  1. Broker shall not threaten, intimidate, discipline, harass, deny a work opportunity to or discriminate against a Sales Associate/Freelance Worker, or take any other action that penalizes a Sales Associate/Freelance Worker for, or is reasonably likely to deter a Sales Associate/Freelance Worker from, exercising or attempting to exercise any right guaranteed under this chapter, or from obtaining future work opportunity because the Sales Associate/Freelance Worker has done so.

 

  1. The purpose of this addendum is solely to comply with the provisions of the New York City Administrative Code §20-928 & §20-929. The parties to this addendum understand that the Sales Associate/Freelance Worker is an Independent Contractor and the language of this addendum does not create nor is it intended to create an employer/employee relationship of any kind directly or inferred.
IN WITNESS WHEREOF, the individual parties hereto have hereunto set their hands and seals, and any corporate party has caused this instrument to be signed by a corporate officer and caused its corporate seal to be here unto affixed, all as of the day and year first above written.















Sales Associate/Freelance Worker                                                       Dated









Joseph Moshe                                                                                      Dated

Real Estate Broker/Hiring Party