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This is a Murtha Cullina form that can be used for MA Real Estate.
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AGREEMENT OF ASSOCIATION AS AN INDEPENDENT CONTRACTOR AGREEMENT made this ("Broker") and day of , by and between ("Associate"). WHEREAS, Broker is engaged in business as a real estate broker duly licensed by the Commonwealth of Massachusetts; and whereas Associate is a real estate salesperson/broker duly licensed by the Commonwealth of Massachusetts; and WHEREAS, it is deemed to be to the mutual advantage of Broker and said Associate to do business with each other in the manner agreed and under the terms and conditions set forth. In consideration of the mutual promises and agreements set forth, Broker and Associate agree that:: 1. Relationship. Associate shall be associated with Broker as an independent contractor and not as an employee. Associate shall retain sole discretion, judgment and control of the way in which Associate carries out listing, selling and other real estate brokerage services, except that Associate agrees to perform those activities in compliance with state law, rules and regulations, and according to Broker's policies and procedures. Broker has the right to supervise Associate only to the extent necessary to comply with the Massachusetts General Laws, the rules and regulations of the Board of Registration of Real Estate Brokers and Salespersons and the provisions of this Agreement. This Agreement does not constitute a hiring by either of the parties and Associate shall not be an employee with respect to services and activities performed pursuant to this Agreement for federal and state tax purposes. 2. Listings. Broker agrees to make available to Associate its current listings and other information relating to prospective purchasers, sellers, landlord or tenants and to assist Associate in his/her work by rendering cooperation. Nothing in this Agreement shall be construed to require that Associate accept any particular listing or prospective listing suggested by Broker, nor shall Broker have the right or authority to direct Associate to see particular parties or restrict Associate's activities to particular parties or particular areas. 3. Efforts Of Associate. Associate agrees to use best efforts to sell, lease or rent real estate listed with Broker, to solicit additional customers/clients and listings, and otherwise to promote Broker's business for the purpose of deriving profit for Broker and Associate from their respective professional activities. Unless expressly agreed by Broker, Associate shall have no authority to withdraw or terminate any listing of Broker. Associate shall not act as escrow agent in any transaction and shall promptly remit to Broker any funds received. 4. Conduct Of Business. Associate understands that Broker is a member of the National Association of REALTORS®, the Massachusetts Association of REALTORS® and is a participant in the local multiple listing service and is subject to the rules, bylaws, codes and decisions of each of these organizations. Associate further understands that as a result of the Broker's membership or participation in these organizations, the Associate agrees to abide by the rules, bylaws, codes, and decisions of these organizations and also agrees to utilize the services of these organizations for issues including, but not limited to, arbitration, mediations, grievances, and dispute resolution. Associate agrees to obtain and maintain membership in the National Association of REALTORS® during the pendency of this Agreement. Associate agrees to conduct business so as to maintain and to increase the good will and reputation of Broker. Associate agrees to perform duties according to the Broker's policies and procedures and in accordance with Broker's policy manual, as it may be amended from time to time by Broker. Associate shall have no authority to bind Broker by any promise or representation, unless expressly authorized in a particular transaction. Form No. 300 © 1999 MASSACHUSETTS ASSOCIATION OF REALTORS® Page 1 of 3 5. Broker's Undertaking. Broker agrees to make available to Associate office space, local telephone service, fax machines and related equipment for Associate's use and agrees to provide manuals, forms, secretarial assistance, if available, and such other materials, equipment and services as is customary to the operation of a real estate brokerage office. 6. Fees. The fees to be charged customers and clients shall be determined by Broker, and Broker shall advise the Associate of any special contract relating to any particular transaction that Associate undertakes to handle. When the Associate performs any service whereby a fee is earned, the fee shall, when collected, be allocated between Broker and Associate as set out in Rider "A," entitled "Fee Schedule," which is incorporated by reference. In the event of special arrangements with any client or Broker or Associate on property listed with Broker or controlled by Associate, a special allocation of fees may apply, such rate of division to be agreed upon in advance by Broker and Associate. The division and distribution of fees shall take place as soon as practicable after collection of such commissions from the party or parties for whom the services may have been performed. In no event shall Broker be personally liable to Associate for any uncollected fee, but when the fee shall have been collected from the party or parties for whom the service was performed, said Broker shall hold the same in trust for Associate and itself to be divided according to the terms of this Agreement. 7. Resolution Of Disagreement. (a) Associate v. Associate. In the event, that two or more duly licensed associates participate in a transaction or perform services for which a fee is payable, the amount of the fee above the amount due Broker shall be divided between the associates according to agreement between them or if no such agreement is reached, according to such allocation as the Broker deems appropriate. Broker may decline to make such allocation, whereupon Associate agrees to mediate the matter by a mediator selected by Broker. If the mediation is unsuccessful, Associate agrees to arbitrate the matter according to procedures which are analogous to those set forth in the National Association of REALTORS® Code of Ethics and Arbitration Manual before a panel of three (3) impartial brokers/salespersons selected by Broker. (b)Associate v. Broker. Any dispute between Associate and Broker shall be mediated as set forth above. If such mediation is unsuccessful, such dispu