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REFERRAL AGENT AND TEAMWORK REALTY, LLC BROKERAGE AGREEMENT
TeamWork Realty, LLC dba ReferSC.com is herein referred to as “Referral Brokerage”, and ___________ herein referred to as “Referral Agent” agree as follows:
Referral Agent understands that they are not permitted to perform the actions of a real estate agent in South Carolina, including but not limited to showings, open houses, BPO, sign agency agreements, property management, or contract negotiations. Referral Agent is NOT protected by Errors and Omission insurance.
Referral Agent may only perform duties which would be approved for a non-licensed individual to perform. For clarification, see the South Carolina Code of Laws, Title 40 – Professions and Occupations, CHAPTER 57, Real Estate Brokers, Brokers-in-Charge, Salespersons, and Property Managers. (https://www.scstatehouse.gov/code/t40c057.php)
Referral Agent is permitted to rent personal property, owned solely by the Referral Agent or owned with Referral Agents’ spouse. In doing so, Referral Agent may not include name or reference to the Referral Brokerage in marketing and showing Referral Agent’s property. Rental property may be held in a named legal entity, as long as no other parties than those mentioned here-in hold ownership.
Referral Agent must keep their license active with the state by taking required continuing education classes, at their own expense, and report such classes to the state.
Referral Agent will not be granted access to any MLS systems through the Referral Brokerage. Referral Agent is welcome to obtain non-member access to any MLS which permits such access at own expense.
Referral Agent understands they shall not be compensated directly for real estate related activities such as referrals within South Carolina. Only the Referral Brokerage may compensate the Referral Agent for real estate related activities, which is limited to out-bound referrals.
Referral Agent agrees to hold Referral Brokerage harmless in the event Referral Brokerage is required to respond in damages by reason of any misrepresentations, promises or untrue statements made by Referral Agent during the life of this contract.
Referral Brokerage will distribute referral commission to Referral Agent as soon as practicable after receiving of such referral commissions, less a 10% processing fee unless otherwise agreed. Referral commissions are not to be considered as earned until such funds have been received and cleared the business bank account of the Referral Brokerage.
Referral Brokerage shall not distribute referral commission without a signed Referral Form on file nor on referral commissions unclaimed for more than 90 days.
Referral Brokerage does not furnish for Referral Agent a facility to conduct business.
Contracts and referral agreements ratified are property of the Referral Brokerage; therefore commission distribution based on such contracts and referral agreements are at the discretion of the Referral Brokerage. Disputes arising between Referral Agent and other Licensees, agents, brokers, including those working for the same Referral Brokerage or of other brokerages shall be brought to the attention of the Referral Brokerage immediately via the online contact form on the Referral Brokerage‘s website. Should the parties in dispute not find resolution, Referral Agent agrees to pursue mediation at Referral Agent’s sole expense. Should the Referral Agent not accept the outcome of mediation, Referral Agent shall pursue arbitration at Referral Agent’s sole expense.
This agreement has no bearing on Referral Agent‘s real estate related efforts outside of South Carolina.
AGREEMENT IN FULL FORCE AND EFFECT POST TERMINATION
This contract and the association created hereby, may be terminated by either party hereto at any time upon notice given to the other. The following remains in full force and effect.
Referral commissions earned or received post-termination are to be handled at the Referral Brokerage‘s discretion.
Referral Agent shall not, after the termination of this contract, use to their own advantage, or the advantage of any competing person or corporation, any information gained for or from files or business of Referral Brokerage.
If termination is a result of Referral Agent or Referral Brokerage failing to maintain license with the South Carolina LLR; no referral commissions shall be considered earned or payable.
Referral Agent agrees not to slander, libel, or any way degrade nor spread falsehoods of agents within the Referral Brokerage or of the Referral Brokerage itself.
Referral Agent agrees not to recruit existing agents from the Referral Brokerage, nor to encourage the departing of existing agents from the Referral Brokerage.
Under Section 3508 of the Internal Revenue Code, “qualified real estate agents,” are responsible for meeting all Federal Income and Employment tax obligations. Referral Agent, unequivocally understands that neither the broker, nor the Referral Brokerage will deduct these taxes and the failure by Referral Agent to meet these obligations will result in no liability to the broker nor to the brokerage.
Nothing in this contract shall be in any way construed to constitute Referral Agent as the employee of the Referral Brokerage, none of the benefits provided by the Referral Brokerage to employees, if any, are provided to the Referral Agent by the Referral Brokerage. Referral Agent waives all claims against Referral Brokerage for employer’s liability compensation for personal injury, unemployment compensation or otherwise under the workmen’s compensation laws of South Carolina. Referral Agent understands that in no way will Referral Brokerage be liable for any injury or loss sustained by the Referral Agent in the performance of this contract.
If a provision of this Agreement is or becomes illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other provision of this agreement, or (2) the enforceability or validity in other jurisdictions of that or any other provision of this agreement.
This is a sample contract. If you would like to join ReferSC, please return to the homepage and complete the application at the bottom of the page.