Independent Contractor Agreement (Agent–Broker) — Kentucky Edition Template

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.

About this Kentucky Edition: Every template was redrafted around the Kentucky real estate license law (KRS Chapter 324) and the Kentucky Real Estate Commission's agency disclosure regulation (201 KAR 11:121), under which licensees must deliver the Commission's agency disclosure form at first substantive contact and may act as a dual agent only with the informed written consent of both parties — so the dual agency consent in this set is a true consent instrument with the statutory disclosures spelled out. The seller disclosure edition tracks the Commission's required Seller's Disclosure of Property Condition regime, the listing and buyer agreements carry the written-agreement and definite-termination-date requirements Kentucky brokers are held to, the independent-contractor agreement reflects affiliation-through-the-principal-broker supervision, and every instrument recites the Kentucky Uniform Electronic Transactions Act and the Kentucky statute of frauds (KRS 371.010). Kentucky has no general broker commission lien statute, so the disbursement authorization relies on contractual escrow and closing-agent instructions rather than a lien claim. Not legal advice; have a Kentucky-licensed attorney review before use.