Best examples of real estate independent contractor agreement samples for 2024

Real-world examples of real estate independent contractor agreement samples

Most people searching for examples of real estate independent contractor agreement samples don’t want theory. They want to see how these contracts actually look in practice and what language experienced brokerages use.

Below are several real-world style scenarios and contract patterns you’ll see across the industry. These are not legal advice or plug‑and‑play documents, but they reflect how many U.S. brokerages and investors structure their independent contractor relationships.

Example of a standard residential agent–broker agreement

The most common example of a real estate independent contractor agreement is the standard residential agent arrangement between a licensed salesperson and a brokerage.

In a typical version:

• Status language spells out that the agent is an independent contractor, not an employee, and is responsible for their own income and self-employment taxes. This mirrors the IRS focus on behavioral and financial control tests, discussed in IRS guidance on independent contractors vs. employees (irs.gov).
• Commission split terms define how gross commissions are divided. For example, 70/30 in favor of the agent, with annual review once production hits a certain GCI threshold.
• Expenses are allocated to the agent (marketing, MLS dues, lockboxes, licensing fees) while the brokerage covers E&O insurance and office compliance systems.
• Broker supervision is acknowledged, but the contract still reinforces that the agent controls their schedule, marketing approach, and business development methods.

This is the baseline model. Most other examples of real estate independent contractor agreement samples are variations on this structure.

Team-based examples of real estate independent contractor agreement samples

Team agreements add an extra layer: the relationship between the team leader and the team agent, alongside the brokerage relationship.

In a team-focused example:

• The team leader is the primary contact with the brokerage and often controls lead distribution, branding, and team standards.
• The team agent signs a separate independent contractor agreement with the team, addressing:
  • How leads from the team are split (for instance, 50/50 on team-provided leads, 70/30 on self-generated business).
  • Branding and marketing rules, including use of the team logo, colors, and social media handles.
  • Referral fees for deals passed between team members.
• The agreement clarifies who owns the database if the agent leaves the team. Some agreements allow the agent to keep personally generated contacts but restrict mass exporting of the team CRM.

These team arrangements are some of the best examples of real estate independent contractor agreement samples for agents who want structure and volume but still operate as independent contractors.

Luxury listing specialist: real examples and special clauses

Luxury-focused brokerages often use more detailed contracts because the stakes and marketing budgets are higher.

In a luxury listing specialist agreement, real examples include:

• Marketing budget commitments: The brokerage may commit to staging, professional photography, video, and international advertising, but only if the agent meets certain listing volume or price thresholds.
• Higher splits with performance tiers: For example, 60/40 up to $5M in annual closed volume, then 80/20 beyond that.
• Brand protection clauses: Strict rules about how the luxury brand is presented online, including dress code for listing photos, social media language, and approval rights for ads.
• Confidentiality: Extra confidentiality language for high-profile clients (celebrities, executives) and private showings.

These luxury-focused patterns show how an example of a real estate independent contractor agreement can be adapted to a specific niche while preserving independent contractor status.

New construction and builder rep agreement examples

Another set of examples of real estate independent contractor agreement samples comes from agents who represent builders or developers on new construction projects.

These agreements often:

• Define the project site or subdivision where the agent will work, sometimes with semi-exclusive rights.
• Clarify on-site hours expectations, while still stating that the agent is an independent contractor and can choose how to meet those expectations.
• Set bonus structures tied to units sold, absorption rates, or hitting sales milestones by certain dates.
• Address model home staffing, open houses, and rules for co-op commissions with outside buyer agents.

Because new construction sometimes looks more like a “job” than a typical listing relationship, it is especially important that the contract’s language tracks IRS and state tests for contractor status. State labor agencies, such as the California Department of Industrial Relations, publish guidance on worker classification that many attorneys keep in mind when drafting these agreements (dir.ca.gov).

Referral-only agent and retired agent agreement examples

A quieter but very common example of a real estate independent contractor agreement is the referral-only or retired agent.

In this model:

• The agent does not actively list or show property.
• Their main activity is referring friends, past clients, or sphere contacts to active agents.
• The agreement focuses on referral fee percentages (for example, 25% of the side commission) and how/when those fees are paid.
• Some brokerages reduce or waive monthly desk fees but require E&O coverage and license maintenance.

These agreements are simpler but still important: they clarify that the agent is not an employee, that no benefits are provided, and that the agent is responsible for any tax obligations associated with referral income.

Virtual assistant and transaction coordinator examples

Not every real estate independent contractor is a licensed agent. Many brokerages and teams hire remote transaction coordinators (TCs), marketing assistants, or listing coordinators as independent contractors.

In these examples of real estate independent contractor agreement samples:

• The agreement emphasizes that the contractor does not perform licensed activities unless they hold an appropriate license in that state.
• Tasks are defined as administrative: document collection, deadline tracking, MLS data entry (where allowed), scheduling inspections, managing signatures.
• Pay is often a flat fee per file or per project, rather than a commission split.
• Confidentiality and data security clauses are stronger, because these contractors often handle sensitive client information.

This is where real estate intersects with broader trends in the gig and freelance economy. The U.S. Department of Labor has updated its guidance on worker classification in recent years, and many brokers review those standards when deciding whether to treat a support worker as a contractor or employee (dol.gov).

Investor–wholesaler and acquisition specialist agreement examples

Real estate investors also generate examples of real estate independent contractor agreement samples, especially for wholesalers and acquisition specialists.

Common elements include:

• Pay based on assignment fees, profit splits, or flat per-deal fees.
• Clear statements that the contractor is responsible for their own marketing, skip tracing, and lead generation methods, within the bounds of state and federal law.
• Restrictions on making binding offers on behalf of the investor without written authority.
• Non-circumvention language to prevent the contractor from directly bypassing the investor with the investor’s private lenders, buyers, or sellers.

Because wholesaling and assignments are tightly regulated or restricted in some states, these agreements often include representations that the contractor will comply with state licensing laws and advertising rules.

Key clauses you’ll see repeated in the best examples

If you read through a dozen of the best examples of real estate independent contractor agreement samples, you’ll notice the same core building blocks:

1. Independent contractor status
Language stating that:

• No employment relationship is created.
• No benefits (health insurance, retirement, paid vacation) are provided.
• The contractor is responsible for their own taxes, including estimated payments.

2. License and legal compliance
The agreement usually requires the agent or contractor to:

• Maintain an active license where required.
• Follow state real estate commission rules and the brokerage’s policies.
• Adhere to fair housing laws and anti-discrimination rules.

For U.S. readers, the Department of Housing and Urban Development (HUD) publishes guidance on fair housing compliance that many brokerages reference in their policy manuals (hud.gov).

3. Commission and fee structure
Every good example of a real estate independent contractor agreement spells out:

• How commissions are calculated.
• How they are split between broker and agent, or between team leader and team agent.
• When commissions are earned and payable (for example, upon closing and receipt of funds by the brokerage).

4. Term, termination, and post-termination rights
These provisions cover:

• How either party can end the relationship (notice periods, for-cause vs. without-cause).
• How pending deals and unpaid commissions are handled after termination.
• What happens to listings, buyer agreements, and leads when the agent leaves.

5. Confidentiality and data ownership
Modern agreements increasingly address:

• Ownership of client lists, CRM data, and marketing materials.
• Use of client data for future marketing.
• Obligations to protect sensitive personal and financial information.

2024–2025 trends shaping new agreement samples

The language in examples of real estate independent contractor agreement samples is not static. It’s changing in response to legal, economic, and technology shifts.

Recent trends include:

More explicit worker classification language
With evolving federal and state rules around independent contractors in the U.S., many brokerages are tightening the wording around control, scheduling, and supervision to better align with current tests used by courts and agencies. Attorneys are revising older agreements that sounded a bit too much like employment contracts.

Clearer social media and online advertising rules
As agents rely more on TikTok, Instagram, and YouTube, agreements increasingly:

• Require compliance with brokerage branding and state advertising rules.
• Clarify who owns content created during the relationship.
• Address use of client testimonials, photos, and video tours.

Remote work and virtual brokerage models
Cloud-based brokerages and fully remote teams are now mainstream. Their agreements:

• Emphasize that agents choose their own work location and hours.
• Provide virtual training and compliance support instead of office attendance.
• Address technology stipends, software access, and cybersecurity expectations.

Data privacy and cybersecurity
With rising concerns about wire fraud and data breaches, more agreements:

• Require secure handling of client information.
• Prohibit sending wiring instructions via unsecured channels.
• Mandate immediate reporting of suspected cyber incidents.

These trends mean that a 2015 template likely needs updating. Looking at fresh 2024–2025 examples of real estate independent contractor agreement samples is a smarter starting point than recycling decade-old forms.

How to use these examples without copying them blindly

It’s tempting to grab the first example of a real estate independent contractor agreement you find online and edit the names. That’s risky.

A better approach:

• Use multiple real examples as a checklist. Note which clauses show up repeatedly and which are specific to certain niches (luxury, new construction, wholesaling, teams).
• Compare against your state’s real estate commission rules and licensing laws. Many state commissions publish sample forms or guidance on brokerage relationships.
• Have a local attorney review your draft. Laws around independent contractors, non-competes, and commission disputes vary widely by state and country.

Think of examples of real estate independent contractor agreement samples as reference models, not ready-made solutions. The goal is to understand the structure and risk points so you can have an informed conversation with your broker, team leader, or lawyer.

FAQ: examples of real estate independent contractor agreement samples

Q: Where can I find reliable examples of real estate independent contractor agreement samples online?
You can often find sample forms from state real estate associations, large brokerage franchises, and legal form libraries. For U.S. readers, check your state real estate commission or association website first, then compare those forms with guidance from the IRS and Department of Labor on independent contractor status.

Q: What is a common example of a commission split in these agreements?
A very common example is a 70/30 split in favor of the agent, sometimes moving to 80/20 or higher once the agent hits a certain annual gross commission income. Team agreements might use different splits for team-generated vs. self-generated leads.

Q: Do good examples of real estate independent contractor agreement samples always include a non-compete clause?
Not always. In many states, strict non-compete clauses for real estate agents are difficult to enforce. More often, you’ll see non-solicitation and confidentiality language that protects the brokerage’s or team’s proprietary information without outright banning the agent from working elsewhere.

Q: Are virtual assistants and transaction coordinators covered by the same type of agreement?
They often use a variation of the real estate independent contractor agreement, but with tasks and payment structures tailored to administrative work rather than licensed activity. The agreement should be explicit about which tasks require a license and who is responsible for compliance.

Q: How often should brokerages update their agreement templates?
Many attorneys recommend reviewing templates every year or two, or sooner if there’s a significant legal change in your jurisdiction. Given the regulatory shifts around independent contractors and the rapid growth of remote work, reviewing your forms against current examples of real estate independent contractor agreement samples from 2024–2025 is a smart move.