Real Estate Agent ICA
This Agreement is made between Nexus Real Estate LLC (“Nexus”) and Real Estate Agent or Broker (“Agent”), with the Effective Date being the date this contract is signed (“Start Date”). The Agent shall conduct business as set forth herein at the Nexus Real Estate Office (“Office”) located at Washington D.C.(collectively, the “Parties”).
This Agreement establishes the terms under which the Agent operates within Nexus Real Estate as an independent contractor and performs real estate services in compliance with company policies, industry standards, and all applicable state and federal regulations.
Recitals:
Nexus Real Estate LLC (“Nexus”) is a duly licensed real estate brokerage firm authorized to conduct business in Washington D.C., as well as in other applicable jurisdictions. Nexus Real Estate has been engaged in real estate brokerage services for an extensive period and is highly experienced in procuring real estate listings for sale, exchange, lease, and rental, as well as in representing prospective buyers and lessees. In doing so, Nexus Real Estate has built a reputation for integrity, professionalism, and ethical dealings with the general public.
Agent is duly licensed as a real estate salesperson or broker in Washington D.C. and maintains a strong reputation for fair and honest dealings with clients, customers, and the general public.
Nexus and Agent intend to establish and maintain an Independent Contractor relationship rather than an employer-employee relationship under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows:
Confidential Information:
Agent acknowledges that during the course of their affiliation with Nexus, they will have access to sensitive, proprietary, and confidential information that is critical to the company’s business operations, competitive advantage, and client relationships. Such information includes, but is not limited to, listing agreements, sales contracts, transaction records, customer databases, property listings, leads, financial data, marketing strategies, training materials, educational resources, operational procedures, internal communications, technological tools, trade secrets, pricing structures, business plans, and any other documents or data, whether in written, electronic, or any other form, including copies, reproductions, or adaptations thereof (collectively referred to as "Proprietary Documents and Information").
Agent understands and agrees that all Proprietary Documents and Information obtained through their affiliation with Nexus is and shall remain the sole property of Nexus and that they are granted access to such materials strictly for the purpose of conducting real estate activities in alignment with the company's policies and objectives. Agent further agrees that they shall not, under any circumstances, use, copy, distribute, or disclose any Proprietary Documents and Information for their personal benefit or for the benefit of any third party, including but not limited to competing brokerages, independent real estate ventures, or unauthorized external entities, without the prior written consent of Nexus.
In the event that the affiliation between Nexus and Agent is terminated, whether voluntarily or involuntarily, for any reason, Agent agrees to immediately return and cease all use of Proprietary Documents and Information in their possession. This includes, but is not limited to, physical documents, digital files, access to databases, software programs, and any other confidential materials obtained during the course of their relationship with the company. Under no circumstances shall Agent retain, store, or distribute such materials after the termination of this Agreement.
Furthermore, Agent agrees that during the term of this Agreement and indefinitely thereafter, they shall not disclose or discuss any confidential information regarding Nexus’s clients, transactions, property listings, pricing models, business relationships, internal operations, strategic plans, or any other proprietary business data with any individual, company, or entity, whether directly or indirectly, without express prior written authorization from Nexus.\
Permitted Disclosures:
Notwithstanding the above, Agent acknowledges that they are permitted to disclose confidential or proprietary information in certain legally protected circumstances. Specifically, confidential information may be disclosed:
To a federal, state, or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected legal violation.
If required by law, court order, or legal subpoena, provided that Agent notifies Nexus in writing as soon as legally permissible before making such disclosure.
If filing a complaint or other document in a legal proceeding related to a suspected violation of law, provided that such filings are made under seal and confidential trade secrets or proprietary information are not disclosed publicly.
If initiating legal action against Nexus for alleged retaliation due to whistleblowing activities, provided that the trade secret information is only disclosed to the Agent's attorney and used in the legal proceeding in accordance with applicable laws, ensuring that any documents containing proprietary information are filed under seal and not disclosed except pursuant to a court order.
Enforcement & Remedies:
Agent understands that any unauthorized disclosure, misappropriation, or misuse of Proprietary Documents and Information may result in immediate termination of their affiliation with Nexus and may subject them to legal action, including, but not limited to, injunctive relief, damages, and any other remedies available under law. Agent agrees that a breach of this confidentiality clause would cause irreparable harm to Nexus, and therefore, the company shall be entitled to seek equitable relief, including injunctive relief, in addition to any other remedies provided by law, without the requirement of proving actual damages.
By signing this Agreement, Agent acknowledges that they have read, understood, and agree to abide by the terms of this confidentiality provision and will uphold the integrity, security, and protection of Nexus’s proprietary information both during and after their association with the company.
2. Post-Affiliation Restrictions:
(A) Prohibition on Use of Confidential or Proprietary Information:
Agent acknowledges and agrees that they may not take, store, use, or disclose any confidential or proprietary information from their previous brokerage or firm, in any form or format. This restriction applies regardless of whether Agent personally created the material while affiliated with the previous brokerage.
Agent shall not bring, retain, or use any of the following:
Client lists or contact information that were obtained from the previous brokerage’s databases, CRM systems, or other proprietary resources.
Documents, emails, reports, notes, agreements, templates, forms, scripts, presentations, training materials, or any other business records from the previous brokerage.
Marketing materials, transaction files, pricing models, business plans, or financial data belonging to the previous brokerage.
Any materials derived from the previous brokerage’s proprietary systems, intranet, databases, or confidential communications.
To be clear, even if Agent personally created a document while affiliated with the previous brokerage, Agent may not take or use it if it was based on, derived from, or utilized under the previous brokerage’s systems, policies, or resources.
Nexus Real Estate Group LLC (“Nexus”) maintains a strict policy of not permitting the use of any proprietary or confidential information from a prior firm, and Agent agrees to fully comply with this requirement.
(B) Personal Possessions and Contacts:
Agent is permitted to retain and use their personal possessions and personal contacts, which are not considered proprietary to a previous brokerage. These include:
Family, friends, and professional contacts that Agent personally sourced and maintained, independently of the prior firm’s records or databases.
Personal possessions such as photos, business cards, or personal notebooks that do not contain confidential client data or proprietary materials.
If Agent is uncertain about whether certain materials may be retained, Agent agrees to leave them behind and, if necessary, Nexus can officially request the necessary documents or information from the previous brokerage after Agent has joined Nexus.
(C) Examples of Confidential/Proprietary Information vs. Personal Work Product:
To ensure full compliance with confidentiality obligations, Agent must distinguish between Confidential/Proprietary Information, which may not be retained or used, and Personal Work Product, which Agent may keep and use freely. Confidential/Proprietary Information includes any client lists, contacts, or databases created using resources from a previous brokerage, documents referencing internal data obtained from prior employment (such as presentations, emails, or discussions with colleagues or managers), any materials downloaded from a previous brokerage’s internal systems, CRM, or databases, and agreements, forms, or templates that were based on or derived from prior brokerage resources, even if Agent originally drafted them.
In contrast, Personal Work Product consists of personal contacts, such as family, friends, and professional relationships that were personally sourced and maintained by Agent, as well as personal possessions, including photos, independent work materials, and non-client-related notes. If Agent is unsure whether a particular document, file, or contact falls under Confidential/Proprietary Information, the best course of action is to leave it behind and, if necessary, Nexus can formally request it through the proper channels after Agent’s affiliation begins.
(D) Non-Solicitation Covenants:
If Agent is subject to non-solicitation agreements from their previous brokerage, Agent agrees to fully comply with these obligations. This includes restrictions on:
Soliciting employees, independent contractors, or real estate agents affiliated with the previous brokerage.
Soliciting clients of the previous brokerage for business.
If Agent is bound by any such restrictions, they must promptly inform Nexus to ensure full compliance with all legal and contractual obligations.
(E) Listing Transfer Obligations:
Agent acknowledges and agrees to comply with all rules and regulations governing the transfer of exclusive listing agreements.
A client’s decision to transfer a listing must be made independently, of their own free will.
Agent may not interfere with, influence, or induce a client to terminate an existing exclusive listing agreement.
Any improper solicitation or unauthorized transfer of listings could result in legal consequences, sanctions, or fines imposed by regulatory bodies.
If Agent has any restrictions related to listing transfers, they must immediately notify Nexus for guidance on proper procedures.
(F) Compliance and Consequences of Violation:
Agent acknowledges that Nexus requires full compliance with all post-affiliation obligations to any prior brokerage. Nexus will not permit the use or disclosure of confidential or proprietary information from any previous firm.
Failure to comply with these confidentiality obligations may result in immediate disciplinary action, including but not limited to:
Termination of Agent’s affiliation with Nexus.
Legal action if Agent’s actions result in liability for Nexus.
Industry sanctions, fines, or penalties imposed by regulatory bodies.
3. Liability:
(A) Membership Dues & Business Expenses:
Agent acknowledges and agrees that they are solely responsible for the timely payment of all professional dues, licensing fees, and membership costs required to maintain an active status with national, state, and local real estate boards, Multiple Listing Services (MLS), and any regulatory agencies with which they are affiliated as a result of their independent contractor relationship with Nexus Real Estate Group LLC (“Nexus”).
Additionally, Agent is responsible for all personal business expenses incurred while performing their real estate services, including but not limited to:
Transportation, fuel, and vehicle maintenance
Meals, entertainment, and networking expenses
Business insurance, including auto and general liability coverage
Marketing and advertising costs
Office supplies and business-related technology
Social Security and self-employment taxes
Nexus shall not be liable to Agent or any third party for any business-related expenses incurred by Agent in connection with their real estate activities.
(B) Use of Assistants & Independent Contractors:
If Agent employs or utilizes an assistant, transaction coordinator, or any other service provider in the course of their business, Agent must notify Nexus in writing and provide details of the assistant’s role and responsibilities.
Agent is solely responsible for all obligations related to their assistant(s), including but not limited to compensation, taxes, insurance, employment reporting, and workers’ compensation.
Nexus may require that Agent and their assistant(s) enter into a written agreement, which must include clear terms stating that the assistant is not an employee of Nexus. A copy of such an agreement may be required to be submitted to Nexus for record-keeping purposes.
Any assistant working under Agent shall not perform any tasks that require a real estate license unless they are properly licensed and affiliated with Nexus.
(C) Transportation & Auto Insurance Requirements:
Agent is required to use their own transportation for all business-related activities at their own expense. Additionally, Agent must maintain a valid driver’s license and auto insurance coverage that meets or exceeds the following minimum limits:
$250,000 per person for bodily injury
$500,000 per accident for bodily injury
$250,000 for property damage
Agent shall name Nexus as an additional insured party on their auto insurance policy and must ensure that their policy provides at least 30 days’ advance notice of cancellation to all insured parties. Agent shall use their best efforts to provide Nexus with a copy of their Certificate of Insurance or policy upon request.
(D) Authority Limitations:
Agent acknowledges that they have no authority to enter into agreements, make statements, or bind Nexus in any manner, unless specifically authorized in writing by Nexus. Any actions taken by Agent beyond their authority shall be considered unauthorized, and Agent assumes all legal and financial liability for such actions.
(E) Litigation & Commission Disputes:
Nexus shall have sole discretion in determining whether to initiate legal action for commission disputes, unpaid fees, or any other claims. Agent agrees that:
Nexus has the exclusive right to determine whether to pursue, settle, or dismiss litigation or claims related to commissions.
If outside legal counsel is retained for commission collection or dispute resolution, the legal expenses and attorney fees will be deducted from the commission in proportion to the agreed commission split between Nexus and Agent.
Where feasible, Nexus will consult with Agent before taking legal action related to commissions earned by Agent.
(F) Legal Assistance Program Participation:
Agent understands that Nexus offers a Legal Assistance Program (“Program”), which is designed to provide legal guidance and support in real estate-related matters.
Agent agrees to participate in this Program and shall pay Nexus a non-refundable participation fee, the amount of which may be adjusted periodically at Nexus’ discretion.
If Agent fails to pay the Program Participation Fee, they will be considered in breach of this Agreement, and Nexus may offset the unpaid fee from commissions otherwise due to Agent.
Participation in this Program does not cover all legal matters. For any dispute, lawsuit, or claim that falls outside the Program’s coverage, Agent must indemnify and hold Nexus harmless from any legal fees, damages, and losses incurred by Nexus as a result of such claims.
(G) Indemnification & Liability for Agent’s Actions:
Agent agrees to indemnify, defend, and hold Nexus harmless from any and all claims, losses, damages, legal fees, or liabilities resulting from disputes, legal actions, or proceedings arising out of Agent’s performance under this Agreement, where:
Agent’s actions or omissions were unlawful, dishonest, fraudulent, criminal, malicious, reckless, or grossly negligent.
Agent acted outside the scope of their authority as defined in this Agreement or represented themselves as having authority beyond what was granted by Nexus.
The Legal Assistance Program excludes the matter from coverage.
This indemnification obligation extends to legal fees, court costs, arbitration expenses, and other associated costs incurred by Nexus in connection with any such claim.
(H) Personal Property Disclaimer:
Agent expressly acknowledges that Nexus is not responsible for any lost, stolen, or damaged personal property while on Nexus premises. Agent is encouraged to obtain personal property insurance to protect against losses related to theft, fire, or other unexpected events.
By signing this Agreement, Agent agrees to all terms set forth in this Liability section and acknowledges their full responsibility for compliance with these provisions.
4. Internal Associate Dispute Resolution:
In the event of any past, present, or future controversy, dispute, or claim solely between Agent and other Nexus agents regarding commission rights or related matters arising from their role as independent contractors, such disputes shall be submitted to a neutral arbitration committee selected by Nexus. The decision of this arbitration committee shall be final and binding on all parties involved.
Agent agrees to notify Nexus in writing of any such dispute, addressing the notice to the attention of the Managing Broker or designated office representative of the Nexus office where Agent is or was affiliated.
This dispute resolution provision shall remain in effect after the termination of this Agreement and Agent’s disassociation from Nexus, provided that the dispute in question arose, in whole or in part, prior to Agent’s separation from the company.
5. Commissions:
(A) Commission-Based Compensation:
Agent acknowledges and agrees that Nexus Real Estate Group LLC (“Nexus”) shall compensate Agent solely on a commission basis for real estate transactions in which Agent provides services. Agent is not entitled to a salary, hourly wages, or any other form of guaranteed compensation from Nexus.
When Agent facilitates a transaction where Nexus earns a commission, the Net Commission shall be allocated between Nexus and Agent based on the Commission Payment Plan or Commission Schedule that is in effect at the time of closing. The Commission Schedule is subject to periodic updates and modifications at Nexus’ sole discretion.
Additionally, Agent acknowledges that their commission share is subject to deductions, including but not limited to the Brand Affiliation Fee, as determined by Nexus and as outlined in the applicable Commission Payment Plan.
Furthermore, Agent agrees to promptly remit to Nexus any payment, compensation, or commission received directly from a client or third party related to a Nexus transaction, ensuring that all funds are properly accounted for and distributed in accordance with this Agreement.
(B) Definition of Net Commission:
The term “Net Commission” shall refer to the actual commission received and collected by Nexus, after first deducting:
Any amounts paid to cooperating brokers involved in the transaction.
Referral fees, if applicable.
Any legal fees or costs incurred in the collection of the commission or enforcement of a listing or buyer/tenant agency agreement.
(C) Commission Splits in Multi-Agent Transactions:
If two or more agents participate in a transaction or claim to have contributed to its completion, the Net Commission shall be divided among the participating agents based on mutual agreement. If the agents involved fail to reach an agreement, they must notify Nexus, and the dispute shall be resolved in accordance with the Internal Associate Dispute Resolution provisions outlined in this Agreement.
Regardless of the split agreement, the Brand Affiliation Fee and Nexus’ portion of the Net Commission shall always be deducted before the remaining commission is distributed among the participating agents.
(D) No Obligation to Pay Uncollected Commissions:
Nexus is not liable to Agent for any commissions that Nexus does not receive. If a commission is not earned, collected, or recovered, Agent has no claim against Nexus for such unpaid funds. Agent is also not personally liable to Nexus for uncollected commissions unless otherwise agreed upon in writing.
(E) Commission as Sole Compensation:
Agent acknowledges and agrees that their sole form of compensation under this Agreement is their share of commissions earned on completed real estate transactions. Agent is not entitled to any additional wages, bonuses, profit-sharing, or other compensation unless expressly provided for in writing by Nexus.
(F) Transaction File Requirements:
To ensure compliance with Nexus policies, industry regulations, and ethical standards, Agent must submit a Complete Transaction File for every transaction they engage in.
A Complete Transaction File includes, but is not limited to:
All legal documents, agreements, and disclosures required by federal, state, and local regulations.
Contracts, listing agreements, buyer/tenant representation agreements, and any applicable addenda.
Documents required by Nexus’ policies, MLS regulations, or the National Association of REALTORS® Code of Ethics.
Agent must submit transaction documents at the following stages:
Immediately upon entering into a listing agreement or buyer/tenant representation agreement.
Upon drafting or presenting an offer, contract to purchase, or purchase and sale agreement.
At closing or upon the cancellation of a transaction.
Immediately upon termination of this Agreement.
Nexus reserves the right to withhold commission payments until Agent has provided all required documentation in full compliance with this provision.
(G) Commission Earned Upon Closing:
Agent acknowledges that they do not earn or accrue any commission until:
All conditions necessary to qualify for commission have been met.
The transaction has successfully closed and the commission has been received by Nexus.
Agent has fully complied with all Nexus policies, including document submission and compliance requirements.
The commission amount payable to Agent shall be determined on a case-by-case basis, considering factors such as:
The sale price or rental rate of the property.
The commission amount offered by the seller, landlord, buyer, or tenant.
The commission split applicable to Agent at the time of the transaction.
Any applicable deductions, including referral fees, Brand Affiliation Fees, or other transaction costs.
Commissions shall be paid in accordance with the Commission Payment Plan or Commission Schedule in effect at the time of closing. Nexus reserves the right to modify commission structures at its discretion.
(H) Adjustments & Offsets:
Nexus shall have the right to deduct or offset any amount due to Agent from any commission payment, including but not limited to:
Any advances previously provided to Agent by Nexus.
Any outstanding debts or amounts owed by Agent to Nexus, including unpaid Brand Affiliation Fees, marketing costs, transaction fees, or penalties for non-compliance with company policies.
6. Arbitration:
(A) Agreement To Arbitrate Disputes:
Nexus Real Estate LLC (“Nexus”), on behalf of itself and its employees, and Agent, on behalf of themselves and any assistant(s) employed or utilized by Agent, agree to resolve any and all timely and legally cognizable disputes, controversies, or claims of any nature arising out of or related to this Agreement, including but not limited to the termination of this Agreement (hereafter referred to as a “Claim” or “Claims”), exclusively through mandatory, binding, individual arbitration. This agreement to arbitrate applies to all Claims, whether based in law, equity, statute, or common law, including but not limited to any Claims under federal, state, or local anti-discrimination laws, wage and hour laws, or any other labor-protective statutes. However, this arbitration agreement does not cover disputes or claims involving a Nexus client, customer, or third-party brokerage.
Both Nexus and Agent expressly waive their rights to a trial by jury, judge, or any judicial tribunal for any action, proceeding, or counterclaim brought against the other in connection with any matter arising out of or related to this Agreement or their relationship. This arbitration provision does not apply to any Claims that cannot be compelled to arbitration under applicable law.
(B) Mandatory Dispute Resolution Process Prior To Arbitration:
Before initiating arbitration, the Parties must first attempt to resolve the dispute informally. Nexus will notify Agent of a dispute in writing at the Nexus office where the Agent is or was associated (or at Agent’s last known address if they are no longer associated). Similarly, Agent must notify Nexus of any dispute in writing, as outlined in the Notice section of this Agreement.
Within a reasonable time after such notice, the Parties (and legal counsel, if they choose) shall meet, either in person or via phone, in good faith to attempt resolution of the dispute.
(C) Arbitration Procedural Rules:
If the dispute is not resolved through the process outlined in (B), either Party may initiate arbitration under the then-current JAMS Streamlined or Comprehensive Arbitration Rules and Procedures. The applicable arbitral rules can be reviewed at www.jamsadr.com.
The Parties will attempt to agree on a mutually satisfactory arbitrator from the JAMS panel. If they cannot agree, Nexus will request a list of qualified arbitrators from JAMS, and the Parties will select an arbitrator in accordance with JAMS rules. Unless otherwise agreed upon, the arbitrator shall be a practicing attorney with at least 15 years of experience and a minimum of five years of experience as an arbitrator.
Arbitration will be conducted by a single arbitrator in the JAMS office closest to the county in which Agent is or was affiliated with Nexus, unless another location is mutually agreed upon.
The arbitrator will determine the applicable substantive laws based on the nature of the Claims. If there is a dispute about which laws apply, the arbitrator will make the final determination.
To the greatest extent permitted by law, all proceedings before the arbitrator—including depositions, discovery, pleadings, exhibits, testimony, and awards—shall remain confidential between the Parties. Third parties (such as witnesses) must be informed of this confidentiality requirement, and reasonable efforts must be made to secure their compliance. This confidentiality obligation does not apply when seeking to confirm an arbitral award in court or when appealing an arbitral decision.
(D) Injunctive Or Other Interim Relief:
Either Party may seek injunctive relief from the arbitrator until a final arbitration award is issued or the dispute is otherwise resolved. Additionally, either Party may petition a court of competent jurisdiction for interim or provisional relief to protect their rights pending the arbitration process.
(E) Remedies, Written Decision, And Fees:
Final arbitration resolutions may include any remedy or relief available under applicable law. At the request of either Party, the arbitrator shall issue a written decision outlining the essential findings and conclusions that form the basis of the arbitration award. Nexus shall bear the costs unique to arbitration (such as arbitrator fees and venue costs), while each Party shall otherwise bear their own legal expenses, including attorneys’ fees and expert witness costs. However, a prevailing Party may request reimbursement of fees and costs, and the arbitrator may award them in accordance with applicable law.
(F) Application Of The Federal Arbitration Act (FAA):
The Federal Arbitration Act (FAA), 9 U.S.C. § 1 et seq., governs the enforceability, interpretation, and implementation of this arbitration provision. Judgment on an arbitration award may be entered in any court of competent jurisdiction. Any questions regarding arbitrability, enforceability, or interpretation of this arbitration provision shall be decided by the arbitrator, except for issues related to the enforceability of the class action waiver, which must be determined by a court of law.
All Claims must be filed within the applicable statute of limitations for the underlying dispute.
(G) Class Action Waiver:
The Parties agree that all Claims will be pursued only on an individual basis. To that end, Nexus and Agent expressly waive the right to commence, join, or participate in any group, class, collective, representative, or hybrid class/collective action against the other Party in any arbitration, court proceeding, or other forum.
All Claims must be heard exclusively in individual arbitration, without joinder of other parties or consolidation with any other person's or entity’s Claims, unless both Nexus and Agent provide written consent.
(H) Right To Challenge Class Action Waiver In Court:
Nothing in this Section prohibits Agent from filing a lawsuit in state or federal court to challenge the enforceability of the class action waiver outlined in (G). Nexus agrees not to retaliate against Agent for initiating such a challenge, but reserves the right to oppose any such legal action seeking to invalidate the waiver.
(I) Severability Of Arbitration Provisions:
If the class action waiver in (G) is found to be unenforceable with respect to any specific Claim, that Claim shall proceed in a court of competent jurisdiction, rather than arbitration. However, all other Claims subject to arbitration will still be enforced, and those Claims must proceed in arbitration on an individual basis. Any arbitrable Claims will be resolved before non-arbitrable Claims, unless otherwise agreed upon by the Parties.
(J) Acknowledgment And Understanding:
Agent represents and warrants that they fully understand the meaning, scope, and effect of this agreement to mandatory, binding arbitration. Agent further acknowledges that they have been given a reasonable opportunity to consult with legal counsel regarding this arbitration agreement and have either done so or voluntarily waived their right to such consultation.
By signing this Agreement, Agent expressly agrees to be bound by this arbitration provision, waiving their right to a trial by jury or participation in class actions, except as otherwise provided by law.
7. Brand Affiliation Fee:
To support the operational, marketing, and administrative services provided by Nexus, Agent agrees to pay a Brand Affiliation Fee on each transaction where a commission is earned and received. This fee contributes to the continued development and enhancement of the Nexus brand, including but not limited to:
Marketing & Advertising Initiatives: Access to professionally designed branding materials, digital and print advertising, social media campaigns, lead generation tools, and promotional efforts that elevate the Nexus brand presence in the marketplace.
Technology & Platform Access: Use of Nexus proprietary systems, CRM tools, website hosting, and other essential software that enable efficient transaction management and client engagement.
Education & Training: Participation in ongoing professional development, coaching programs, workshops, and access to industry-leading resources that enhance Agent's skills and competitive edge.
Administrative & Brokerage Support: Access to office facilities, compliance oversight, contract review services, transaction coordination, and other essential back-office functions that streamline real estate operations.
The Brand Affiliation Fee shall be an amount determined solely by Nexus, which may be adjusted from time to time at Nexus' discretion. Agent acknowledges that the fee structure is subject to periodic review and updates based on operational costs, industry standards, and the evolving needs of the brokerage.
The Brand Affiliation Fee will be automatically deducted from each commission disbursement before the net payment is issued to Agent. Agent understands and agrees that failure to pay this fee may result in restricted access to Nexus resources, marketing materials, or other brokerage-provided services.
By entering into this Agreement, Agent acknowledges and accepts the obligation to pay the Brand Affiliation Fee as a condition of their affiliation with Nexus and their access to the brokerage’s proprietary tools, branding, and infrastructure.
8. Agreements And Representations Of Agent:
(A) Fair Housing Compliance:
Agent acknowledges and agrees that it is the policy of Nexus Real Estate Group LLC (“Nexus”) to fully support and uphold equal housing opportunities in accordance with all federal, state, and local Fair Housing laws. Agent agrees to conduct all business activities in strict compliance with these laws and principles, ensuring fair and ethical treatment of all clients and customers.
As part of Nexus’ unwavering commitment to Fair Housing, Agent shall provide real estate services without discrimination or bias, regardless of an individual's race, creed, color, national origin, religion, sex, age, disability, sexual orientation, familial status, or any other class protected under federal, state, or local Fair Housing laws. Agent further understands that any violation of these laws or failure to comply with Nexus’ Fair Housing policies may result in disciplinary action, including but not limited to immediate termination of this Agreement and potential legal consequences.
(B) Use of Other Professional Licenses:
Agent acknowledges that while affiliated with Nexus, they may not engage in or use any other professional licenses (e.g., insurance agent, appraiser, attorney, inspector, mortgage broker, title agent, real estate marketing, or property management business) unless one of the following conditions is met:
Agent obtains prior written approval from Nexus’ Managing Broker or designated company officer, who must determine that the use of such license does not conflict with the business interests or ethical standards of Nexus; or
The activity complies with a written policy established by Nexus regarding the use of outside professional licenses.
Additionally, Agent shall not give or accept any fee, kickback, or item of value in exchange for referrals related to settlement services as defined under the Real Estate Settlement Procedures Act (RESPA) or any other applicable regulations. Any violation of this provision may result in termination and could lead to legal consequences under federal and state law.
(C) Commercial & Business Transactions:
Agent understands and agrees that, under this Agreement, Nexus primarily operates as a residential real estate brokerage. Agent shall not engage in the sale, exchange, or lease of business opportunities, commercial properties, office buildings, industrial spaces, research and development projects, syndications, franchises, or limited partnerships unless one of the following conditions applies:
Agent obtains prior written consent from Nexus, as outlined in Section [2(A)] of this Agreement; or
Agent successfully completes any required training or certification programs that Nexus may mandate for agents wishing to engage in commercial real estate transactions, and Agent only engages in such transactions to the extent permitted by Nexus.
Failure to adhere to this provision may result in revocation of authorization to engage in commercial real estate transactions under Nexus and may lead to further disciplinary action.
(D) Compliance With Laws, Regulations, and Ethical Standards:
Throughout the duration of this Agreement, Agent agrees to strictly comply with:
All applicable local, state, and federal laws governing real estate practices and transactions;
Rules and regulations set forth by all relevant governmental and regulatory agencies, commissions, and licensing authorities that oversee real estate professionals;
The National Association of REALTORS® (NAR) Code of Ethics, as well as any applicable local or state REALTOR® associations to which either Agent or Nexus belong;
All policies, guidelines, and operational standards set by Nexus, as outlined in any company handbooks, manuals, or procedural documents.
(E) Disclosure of Legal or Ethical Violations:
Agent represents and warrants that, except as previously disclosed in writing to Nexus, they have not been:
Investigated, charged with, or found guilty of violating any real estate, professional licensing, Fair Housing, anti-discrimination, or consumer protection laws;
Subject to disciplinary actions, ethics complaints, or penalties imposed by any real estate regulatory board, licensing agency, or professional organization;
Involved in any ongoing or past litigation, arbitration, or formal complaints regarding misrepresentation, fraud, contractual disputes, or ethical violations within the real estate industry.
If Agent becomes aware of any pending or new investigation, charge, or violation during the term of this Agreement, they must immediately notify Nexus in writing. Failure to disclose such matters may result in termination of this Agreement and could impact Agent’s standing with regulatory authorities and professional organizations.
By signing this Agreement, Agent acknowledges that they have read, understand, and agree to all provisions outlined in this section, and commit to conducting their business with integrity, professionalism, and full compliance with all governing laws and ethical standards.
9. Termination Of Agreement; Agent’s Disaffiliation:
(A) Right To Terminate:
This Agreement, and the professional affiliation between Nexus Real Estate Group LLC (“Nexus”) and Agent, may be terminated by either party at any time, for any reason, with or without cause. No advance notice is required for termination unless otherwise specified in a separate written agreement.
(B) Terms Upon Termination:
Upon termination of this Agreement, the following conditions shall apply:
Outstanding Financial Obligations & Deductions:
Nexus retains the right to deduct or offset any outstanding balances, advances, or sums owed by Agent to Nexus from any payments due or to become due to Agent.
Any financial obligations that Agent owes to Nexus, including but not limited to outstanding fees, marketing costs, transaction coordination fees, technology fees, and unpaid invoices, shall become immediately due and payable upon termination.
Commission Payments On Pending Transactions:
Agent’s share of commission on any Pending Transaction (defined as a transaction where a fully executed binding agreement exists prior to Agent’s termination but has not yet closed) shall be paid after closing at a commission rate of 50%, regardless of any higher split previously earned by Agent while affiliated with Nexus.
Nexus reserves the right to assign another agent to service the pending transaction and complete the necessary work. In such cases, the assigned agent shall receive a portion of the commission based on their proportionate share of the work performed, as determined solely by Nexus. However, Agent shall be entitled to a minimum of 25% of their original commission split upon closing.
The portion of the commission assigned to another agent shall be deducted from Agent’s commission share.
Obligation To Provide Transaction Summary & Status Update:
Agent agrees to promptly submit a written Memorandum to Nexus, detailing:
All Pending Transactions, including buyer/tenant agency agreements, leases, sales, and rentals.
The current status of all active listings and contracts.
Any outstanding commissions, escrow deposits, and financial obligations tied to transactions in progress.
Agent acknowledges that failure to provide this required information in a timely and accurate manner may delay commission payments due after termination.
Return Of Nexus Property & Confidential Information:
Upon termination, Agent agrees to immediately return to Nexus all Nexus-owned property, including but not limited to:
Keys (including office keys, property keys, lockboxes, and access devices).
Marketing Materials (signs, sign riders, brochures, flyers, and digital advertising assets).
Company-Owned Technology & Equipment (computers, cameras, tablets, software access, and any other tools provided by Nexus).
Client and Transaction Documents (all files, agreements, contracts, disclosures, and transaction-related records).
Confidential Data & Proprietary Information, including but not limited to:
Customer and client lists.
Lead databases and contact information.
Internal training materials and business resources.
Any electronic media, CDs, USB drives, hard drives, flash drives, or other forms of storage containing Nexus’ confidential or proprietary information.
Agent understands and agrees that failure to return any Nexus property or proprietary information upon termination may result in legal action, including but not limited to claims for damages and injunctive relief.
(C) Survival Of Certain Provisions:
Notwithstanding termination, any obligations related to confidentiality, non-compete, non-solicitation, financial responsibilities, and dispute resolution shall survive termination and remain enforceable beyond the conclusion of this Agreement.
By signing this Agreement, Agent acknowledges and agrees to these terms and understands their obligations upon termination of their affiliation with Nexus.
10. Rights And Obligations Of Nexus:
(A) Access To Listings:
Nexus Real Estate Group LLC (“Nexus”) shall make available to Agent all current active listings held by the Nexus office with which Agent is affiliated, including those listed in the Multiple Listing Service (MLS) for the appropriate market areas. However, Nexus reserves the sole discretion to withhold or assign exclusive access to specific listings to another agent if deemed advisable, appropriate, or necessary under the circumstances. Agent acknowledges that the assignment of listings is at the sole discretion of Nexus and that no specific listings are guaranteed to any agent.
(B) Compliance With Policies And Procedures:
From time to time, Nexus may establish, modify, and implement policies and procedures to ensure compliance with state laws and regulatory requirements governing the activities conducted under the brokerage’s Broker of Record license. Agent agrees to adhere to all such policies and procedures, including those related to:
Ethical standards and Fair Housing compliance
Transaction documentation and client disclosures
Marketing and advertising guidelines
Property showings and open house procedures
Confidentiality and data protection protocols
Nexus reserves the exclusive right to update, revise, or modify company policies at its discretion and shall provide Agent with timely notice of any material changes. Agent is responsible for reviewing and complying with all current policies and procedures.
(C) Ownership Of Listings And Client Agreements:
In accordance with state legal and regulatory requirements, all listing agreements and buyer/tenant agency/representation agreements secured by Agent for the sale, purchase, exchange, lease, or rental of real estate must be executed in writing and in the name of Nexus.
Agent acknowledges that all such listings, agreements, and relationships are the sole and exclusive property of Nexus at the time of execution.
Agent further understands that these agreements remain the exclusive property of Nexus upon termination of Agent’s affiliation, regardless of whether the listing was procured by Agent individually.
Agent shall submit all executed agreements to Nexus within twenty-four (24) hours of receipt, ensuring proper brokerage oversight and compliance with all applicable laws and regulations.
Additionally, Agent agrees to immediately remit any earnest money deposits or other client funds received in relation to a transaction to Nexus for handling and processing in strict compliance with state laws, client instructions, and trust account regulations. Agent is prohibited from personally holding or managing any earnest money deposits outside of the brokerage’s designated procedures.
11. Authority And Obligations Of Agent:
(A) Scope Of Authorization:
Agent acknowledges and agrees that Nexus Real Estate Group LLC (“Nexus”) is a residential real estate brokerage. Agent is authorized to solicit and represent buyers, sellers, landlords, and tenants strictly for residential properties, in accordance with Nexus’ policies, including but not limited to:
Single-family homes, condominiums, cooperatives, townhouses, and apartments for purchase, sale, lease, or rental.
Residential income properties with no more than four (4) residential rental units.
Subdivided residential building lots, each zoned for the construction of four (4) or fewer single-family residences, condominiums, cooperatives, or townhouses.
Non-subdivided land intended for residential development of no more than four (4) residential rental units or single-family residences.
Agent is not authorized to engage in commercial real estate transactions or transactions outside the categories above unless Agent obtains prior written approval from Nexus’ Managing Broker or an authorized company representative.
Additionally, Agent is not permitted to unilaterally terminate any listing or buyer/tenant agency agreement without prior written approval from Nexus. Any attempt to do so shall be null and void, and Agent agrees to indemnify and hold Nexus harmless from any costs, legal actions, or liabilities arising from such unauthorized termination.
Agent is also prohibited from engaging in property management activities unless prior written consent is obtained from Nexus Owner or President or their authorized representative.
(B) Compliance With Laws And Professional Standards:
Agent agrees to strictly adhere to all federal, state, and local real estate laws, as well as the National Association of REALTORS® Code of Ethics and Nexus’ internal policies and procedures. Agent shall act with professionalism and integrity, using their best efforts to provide high-quality real estate services to clients.
While Agent retains full discretion over how they conduct their business, Nexus is responsible for ensuring compliance with all legal and ethical requirements and reserves the right to enforce such compliance when necessary. However, Nexus does not control or direct Agent’s day-to-day activities, including:
Work hours and scheduling
Floor time, open houses, and lead generation methods
Attendance at sales meetings or company events
Personal marketing strategies and business development plans
(C) Business Discretion And Sales Activities:
Agent maintains full control and discretion over their real estate business activities, including but not limited to:
Developing leads, prospecting, and generating new business opportunities.
Deciding how to market and promote their services.
Choosing which clients to represent and how to approach them.
Conducting property showings and advising clients on market conditions.
Recommending appropriate listing prices and property improvements.
Preparing and presenting offers, contracts, and negotiation strategies.
Holding open houses and networking events.
Managing client relationships and referral sources.
Recommending vendors, inspectors, or other real estate service providers.
(D) Training And Professional Development:
Agent is a licensed real estate professional and is legally qualified to conduct real estate transactions. Nexus may provide access to educational programs, sales training, and marketing resources, but participation is voluntary and at Agent’s discretion.
Agent is responsible for maintaining their real estate license in good standing, including completing all state-required continuing education courses.
If Agent chooses to participate in Nexus-provided training, it is at Agent’s sole discretion and does not constitute an employment relationship.
Nexus shall not impose mandatory training, except as required by law (e.g., Fair Housing compliance).
(E) Dress Code And Professional Appearance:
Agent is not required to wear any specific attire, badge, ID, uniform, or clothing displaying the Nexus name or logo. However, Agent is expected to maintain a professional appearance in accordance with industry standards and client expectations.
(F) Work Schedule And Earnings:
Agent has full control over their work schedule, including their availability, hours, and business strategy. Agent acknowledges that their income is based solely on commissions and that their earnings potential is dependent on their own efforts, skill, and market conditions.
Agent understands that there is no guaranteed income, and they bear the risk of loss for any business expenses incurred.
Agent assumes full financial responsibility for marketing, promotion, and advertising expenses, except for any services that Nexus voluntarily provides (e.g., listing placement on the company website, yard signs).
(G) Agent’s Personal Real Estate Transactions:
Agent acknowledges that any personal real estate transactions, including buying, selling, or investing in property, are outside the scope of this Agreement.
If Agent engages in personal transactions, they must comply with all disclosure requirements, including informing all parties in writing of their licensed real estate status.
Agent agrees to indemnify and hold Nexus harmless from any legal claims, liabilities, or disputes arising from their personal real estate activities.
(H) Non-Compete And Exclusive Affiliation:
During the term of this Agreement, Agent may not be affiliated with or receive compensation from any other real estate brokerage, title company, mortgage company, or entity involved in real estate services without prior written approval from Nexus.
Agent agrees not to compete with Nexus in real estate brokerage activities while affiliated with the company.
Agent may not list or market their personally owned properties as a "For Sale By Owner" (FSBO) without written approval from Nexus' President.
If Agent owns property through an entity where they hold a majority interest, that property is also subject to this FSBO restriction.
(I) Licensing, Memberships, And Good Standing:
Agent is solely responsible for maintaining an active and compliant real estate license.
Agent must keep their license in good standing by fulfilling all state licensing requirements, including timely renewal, continuing education, and payment of all necessary fees.
Agent must maintain membership in any required professional organizations, including REALTOR® boards, MLS systems, and real estate trade associations relevant to their practice area.
Agent must immediately notify Nexus of any changes to their license status, including disciplinary actions, suspensions, or complaints.
If Agent fails to maintain an active license, Nexus reserves the right to suspend or terminate this Agreement, and Agent agrees to indemnify Nexus for any losses, fines, or legal consequences resulting from their failure to comply with licensing requirements.
(J) Disclosure Of Agent’s Real Estate License:
Per state regulations, Agent must disclose in writing that they are a licensed real estate professional when involved in any real estate transaction where they have a personal interest, such as buying, selling, leasing, or exchanging property.
Additionally, Agent agrees to comply with Nexus’ policies regarding agency disclosure and affiliated business arrangements, including the proper disclosure of:
Dual agency or designated agency relationships.
Affiliated business arrangements that may involve Nexus or its related entities.
Any potential conflicts of interest in a transaction.
12. Association:
(A) Independent Contractor Relationship:
Agent acknowledges that by entering into or continuing this Agreement with Nexus Real Estate Group LLC (“Nexus”), they are establishing an independent contractor relationship, rather than an employment relationship. Agent and Nexus agree that their relationship is one of Broker/Independent Contractor, and not that of employer/employee, principal/agent, or partner/joint venture.
As an independent contractor, Agent is not an employee, agent, servant, or partner of Nexus for any purpose, including but not limited to tax classification, compensation, legal liability, or business operations. Nexus shall not direct or control Agent’s daily activities, work schedule, or method of conducting business, aside from compliance with applicable laws, regulations, and ethical standards.
Pursuant to Section 3508 of the Internal Revenue Code, Agent is classified as a qualified real estate salesperson operating as an independent contractor. As such, Nexus will not:
Withhold federal, state, or local income taxes on Agent’s behalf.
Deduct or remit Social Security taxes, Medicare taxes, unemployment insurance contributions, or disability insurance payments unless required by law or agreed upon by both parties.
Provide workers’ compensation coverage, unemployment benefits, health insurance, or retirement benefits for Agent.
Agent is solely responsible for:
Paying all federal, state, and local income taxes owed on commissions earned under this Agreement.
Making all self-employment tax payments, including Social Security and Medicare contributions.
Obtaining and maintaining any required workers’ compensation or business liability insurance as applicable under state law.
Agent understands that they are not entitled to unemployment insurance or workers’ compensation benefits from Nexus, and waives any claim to such benefits under this Agreement.
(B) Commission-Based Compensation:
Agent acknowledges that all compensation earned under this Agreement shall be commission-based and paid solely as a percentage of commissions received by Nexus in relation to real estate transactions facilitated by Agent.
Agent shall be compensated only through commissions or referral fees, as outlined in the Commission Payment Plan or Commission Schedule established by Nexus.
Agent shall not receive any hourly wages, salaries, or fixed compensation from Nexus, regardless of the number of hours worked, leads generated, or efforts expended.
Nexus will not withhold, deduct, or pay income taxes, payroll taxes, or unemployment taxes on behalf of Agent in accordance with Section 3508 of the Internal Revenue Code.
Any adjustments, deductions, or offsets to Agent’s commission earnings shall be made in accordance with the provisions of this Agreement, including the deduction of Brand Affiliation Fees, referral fees, or other applicable charges.
13. Terms of Service and Privacy Policy:
In connection with property management services, Nexus may provide access to its website or mobile applications (the "Nexus Platform").
By using the Nexus Platform, you agree to comply with:
The Nexus Terms of Service, available at https://nexus.realestate/terms-policy-center/general-terms-of-service.
The Nexus Privacy Policy, available at https://nexusreal.estate/privacy-center/privacy-policy.
These policies may be amended periodically, and you agree to adhere to updated terms when utilizing the Nexus Platform. Nexus will provide notice of changes to these policies where required by law.
14. Entire Agreement:
(A) Complete and Exclusive Agreement:
Nexus Real Estate Group LLC (“Nexus”) and Agent acknowledge that this Agreement constitutes the entire agreement between them concerning their relationship. No prior or contemporaneous oral or written representations, warranties, undertakings, promises, or agreements—whether implied, express, or otherwise—have been made by either party that are not explicitly stated within this Agreement.
This Agreement supersedes any and all previous agreements between the Parties, whether written or oral, with the exception of any non-compete, non-solicitation, or confidentiality agreements previously entered into between Nexus and Agent. Any such agreements shall remain in full force and effect, surviving the execution of this Agreement in accordance with their own terms and applicable law.
Unless explicitly provided otherwise in this Agreement, no modifications, amendments, or changes shall be valid unless they are in writing and signed by both Nexus and Agent.
(B) Binding Effect and Assignment:
This Agreement shall be binding upon and inure to the benefit of Nexus, including any successors, assigns, or affiliated entities that may assume its rights and obligations. However, because this Agreement is based on Agent’s personal services, expertise, and professional qualifications, Agent may not assign or delegate any rights, responsibilities, or obligations under this Agreement without the prior written consent of Nexus. Any attempt by Agent to assign their rights or delegate duties without express authorization shall be considered null and void.
(C) Agent’s Licensing and Business Entity Recognition:
All references to Agent in this Agreement shall include any legal entity under which the Agent is licensed (e.g., if Agent conducts business under an LLC, corporation, or other business entity rather than in their personal name). Agent affirms that their license status, whether held personally or through a registered entity, remains in compliance with all applicable licensing laws and regulations.
(D) Governing Law and Interpretation:
This Agreement, and the Parties' respective obligations and rights under it, shall be interpreted, enforced, and governed by the laws of the state in which Agent is conducting business. Any legal proceedings arising from this Agreement shall be conducted in a court of competent jurisdiction in that state or through arbitration as outlined in this Agreement.
(E) Severability of Provisions:
If any provision, term, covenant, or condition of this Agreement is determined by a court or arbitration panel to be invalid, void, or unenforceable, the remaining provisions shall continue to be fully enforceable and in effect. The only exception to this is if such a determination affects any provisions related to arbitration under Section [Arbitration Clause], in which case the terms of that section shall govern the disposition of non-arbitrable claims.
(F) Survival of Representations, Warranties, and Indemnities:
All representations, warranties, indemnifications, and obligations of the Parties set forth in this Agreement shall survive its termination and remain enforceable beyond the conclusion of the contractual relationship between Agent and Nexus.
(G) Notices and Communications:
All notices, requests, demands, and communications required or permitted under this Agreement shall be deemed properly given if delivered through one of the following methods:
In Writing – Delivered personally or sent by first-class mail, postage prepaid, or by registered or certified mail to the recipient’s designated address on file. If the notice is intended for Agent, it shall be sent to the most current address on record with Nexus. If the notice is intended for Nexus, it shall be directed to the Managing Broker or designated representative at Nexus' principal office location.
Electronic Communication – Notices may also be delivered via email or other electronic communication to an official email address designated by the recipient. Electronic notices shall be deemed received when a confirmation of delivery is obtained or when acknowledged by the receiving party.
(H) Electronic Signatures and Execution:
The Parties agree that this Agreement may be executed and signed electronically and that electronic signatures shall have the same legal effect as handwritten signatures. The Parties intend to be legally bound by their electronic execution of this Agreement to the same extent as if their physical signatures were affixed.
By entering into this Agreement, Agent acknowledges that they have read, understood, and agreed to all terms set forth herein.