Independent Contractor Agreement (Agent–Broker) — New Hampshire 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 New Hampshire Edition: Every form names the brokerage firm, acting through its principal broker, as the contracting party and acknowledges delivery of New Hampshire's mandatory brokerage relationship disclosure, consistent with RSA Chapter 331-A and the New Hampshire Real Estate Commission's rules. New Hampshire permits disclosed dual agency with written informed consent and also authorizes designated agency, so the consent document covers both regimes. New Hampshire has no comprehensive property condition disclosure statute; the seller disclosure is built first around the statutory pre-contract disclosures (water supply, sewage disposal, insulation, and the radon, arsenic, and lead notices under RSA 477) and then adds a clearly labeled voluntary general-condition section. Closing-related forms are drafted around attorney and title-company closing practice. Electronic signatures are addressed under New Hampshire's Uniform Electronic Transactions Act. No association forms are reproduced.