Brokerage & Team

Independent Contractor Agreement (Agent–Broker) Template

$2.00Instant PDF downloadState-specific editions

Available now for CA, TX, FL, NY — more states coming soon. Choose your state ↓

The agent–broker relationship in U.S. real estate runs on independent contractor status — and that status is legally fragile if the paperwork is wrong. Federal tax law provides a statutory safe harbor: under 26 U.S.C. § 3508, a licensed real estate agent is treated as a non-employee for federal tax purposes if substantially all compensation is tied to sales output rather than hours worked AND there is a written contract providing the agent will not be treated as an employee for federal tax purposes. No written agreement, no safe harbor. State-level classification (wage law, unemployment, workers' comp) adds another layer — many states have real-estate-specific carve-outs from tests like California's ABC test (see Cal. Bus. & Prof. Code § 10032), but those carve-outs typically also require a written independent contractor agreement.

This 7-page agreement is built to hold that status together. It covers: engagement and license status; the § 3508 written-contract language stating the agent will not be treated as an employee for federal tax purposes; commission-based compensation with a defined split schedule and changes-on-notice mechanics; broker supervision duties that coexist with contractor status (license law requires broker supervision — the agreement distinguishes regulatory supervision from employment-style control); expenses, fees, and chargebacks; E&O insurance; lead and listing ownership; conduct, compliance, and fair housing obligations; termination and post-termination commission treatment for pending deals; and dispute resolution.

The 50-state variation notes cover state contractor statutes, workers' comp election rules, and states requiring specific contract language. This is the single most important document in a brokerage's file cabinet — use this template as a strong starting point and have brokerage counsel adapt it to your state.

Choose Your State Edition

More States Coming Soon

ALComing soon
AKComing soon
AZComing soon
ARComing soon
COComing soon
CTComing soon
DEComing soon
DCComing soon
GAComing soon
HIComing soon
IDComing soon
ILComing soon
INComing soon
IAComing soon
KSComing soon
KYComing soon
LAComing soon
MEComing soon
MDComing soon
MAComing soon
MIComing soon
MNComing soon
MSComing soon
MOComing soon
MTComing soon
NEComing soon
NVComing soon
NHComing soon
NJComing soon
NMComing soon
NCComing soon
NDComing soon
OHComing soon
OKComing soon
ORComing soon
PAComing soon
RIComing soon
SCComing soon
SDComing soon
TNComing soon
UTComing soon
VTComing soon
VAComing soon
WAComing soon
WVComing soon
WIComing soon
WYComing soon

What's Included in Every State Edition

  • Engagement, license status & § 3508 safe-harbor language
  • Commission split schedule & modification mechanics
  • Regulatory supervision vs. employment control distinction
  • Expenses, fees, chargebacks & E&O insurance
  • Lead & listing ownership
  • Compliance, conduct & fair housing obligations
  • Termination & pending-transaction commission treatment
  • Dispute resolution & governing law
  • 50-state classification variation notes

Grounded in Law

Anchored in the federal statutory non-employee safe harbor for licensed real estate agents, 26 U.S.C. § 3508 (output-based pay + written contract), with notes on state classification regimes and real-estate carve-outs such as Cal. Bus. & Prof. Code § 10032.