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#121647 - 02/03/07 01:31 AM Independent contractor agreement
sweetagent Offline
Junior Member

Registered: 02/01/07
Posts: 4
Loc: California
I've just signed an independent contractor agreement with C21 two days ago. The company requires one year working with them. I'm wondering if I'd like to leave before one year. Can I still negotiate to leave? And is this agreement effective right away since I don't have my license yet. I'm expecting to recieve my license in just a few weeks from now. So can I cancel the agreement if I don't want to start working with this company. Thank you for your input.

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#121648 - 02/03/07 06:55 AM Re: Independent contractor agreement
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Did you apply for your license already?

Did your agreement say that you couldn't work anywhere else during the term of the contract should you terminate your relationship with them?

Sounds like you made a hasty decision when you signed it. \:\(

I would think that only the broker can answer this question. Depends on how much of a stickler they are for contracts.

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#121649 - 02/03/07 09:51 AM Re: Independent contractor agreement
CTagent Offline
Member

Registered: 01/30/07
Posts: 100
Loc: CT
ditto
_________________________
No legal advice being given... please seek legal advice from an attorney...

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#121650 - 02/03/07 10:06 AM Re: Independent contractor agreement
Mr. Foreclosure Offline
Major Contributor

Registered: 09/01/06
Posts: 2834
Loc: upstate New York
Not sure about California but in New York I think we have a 3 day window to cancel a contract without any penalties.

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#121651 - 02/03/07 07:44 PM Re: Independent contractor agreement
Paceryder Offline
Veteran Member

Registered: 05/14/05
Posts: 937
Loc: The Milky Way
NOt sure how a company can require an independent contractor to work with them for a specific period of time. Is that how it was worded? Or did it say you agree not to do r.e. for a year except with C21?

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#121652 - 02/04/07 07:00 AM Re: Independent contractor agreement
sweetagent Offline
Junior Member

Registered: 02/01/07
Posts: 4
Loc: California
THank You
Yes, I've already applied for my license.
The agreement says that Required one year working with the company. I signed the agreement when I thought that it would not be too bad to work at least one year. This office is the one I like the most among those companies I went. After I signed, I found that the person I will be working with is not as professional as I expected. And I think I should earn more from the company who give me only 50/50. And I feel that she might be very busy with her busy job and her family matter. Anyway I still think that I shouldn't judge only from the first time and only one time with the person. So I asked this question just in case if I have a chance to cancel. That way I still have choices. THank you

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#121653 - 02/04/07 01:41 PM Re: Independent contractor agreement
Perky_REALTOR Offline
Mod Squad
Major Contributor

Registered: 11/27/06
Posts: 7685
Loc: PA
Well, I think the thing is they don't want to invest time and effort training you to only have you walk away.

They may not require you to work with them for the year but they may very well require you to not work for anyone else in a certain radius of their office for the term of the contract.

Don't be too hasty in judging your mentor - there is a lady I know who seems totally frenetic all the time, messy, chaotic - and she has forgotten more about real estate than I'll ever know. \:\)

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#121654 - 02/04/07 06:12 PM Re: Independent contractor agreement
CALIF DREAMING Offline
Veteran Member

Registered: 08/01/06
Posts: 1123
Loc: Downey, California
To: SweetRealtor. It would seem improper to me that a broker would have you sign a contract when you have not even received your license. Passing the RE exam is only the first step. You cannot consider yourself licensed until you have passed the background, legal residency, and fingerprint checks by DRE and the original license is in your possession. Until you receive your license, you could be in training, but not eligible to sign independent contractor contracts as a licensee.

A word of caution to you in using "Realtor" to describe yourself. You must pay and belong to the Board of Realtors before calling your self a Realtor. Without your license, you cannot join the board.
_________________________
"People rarely succeed unless they have fun in what they are doing"....Dale Carnegie

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#121655 - 02/04/07 06:20 PM Re: Independent contractor agreement
oakenfold Offline
Moderating
Member

Registered: 02/04/07
Posts: 73
Loc: Northern California
Agreed with Calif Dreaming.

Notwithstanding...also, look to your contract. The terms and conditions should be spelled out for you. I am assuming you had a chance to read over it before you signed. Look for a convenant not to compete - (that you wont work for another employer for x amount of time after you left the employ of C21.)

In any event, as a practical matter, contracts for employment against your will are generally not enforceable. However, it may subject you to a lawsuit should you decide to breach.

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#121656 - 02/07/07 11:22 AM Re: Independent contractor agreement
Devil's Advocate Offline
Veteran Member

Registered: 01/03/05
Posts: 538
Loc: Ontario, Canada
Civil Lawsuits: Hypothetically Speaking and

If memory serves me correctly, civil action lawsuits are mainly for (monetary) damages to compensate the plaintiff for damages suffered due to the defendant’s breach of contract and with the plaintiff having the burden of proof, to prove each element of their claim and how they determined the value of their loss.

This ofcourse would require the production of the financial records of both the franchiser and the franchisee and which most companies desire to keep confidential.

Without going into the strategy and legal tactic that competent defence counsel would employ, one of which would be to try the case in the press and to focus media attention upon the opposing party, who in turn would be forced to consider the following.

Such a lawsuit might generate adverse publicity for both the franchiser and their numerous franchisees nationwide, that they might be perceived by the public and interpreted by the press as attempting to legitimize what may be described by the press as their indentured service contracts , together with allegations that such contracts are fostered upon naive and unwary real estate trainees, who are induced to sign such contracts by false and misleading promises of personalized training and education in furthering their real estate career, and who are victimized by the use of such contracts.

On the bright side , and to my personal knowledge the local franchiser has one of the best training programs available.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult an attorney in the relevant jurisdiction to ensure accuracy before acting on this information .

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#121657 - 02/17/07 12:59 AM Re: Independent contractor agreement
sweetagent Offline
Junior Member

Registered: 02/01/07
Posts: 4
Loc: California
Hello all,
It has been more than four weeks since I submitted license application. I'm expecting my license to come any day now. As soon as I recieved my license, I'll join the board and become real realtor. I've been waiting for this.
At the first training with my mentor, I didn't find it useful for me. Nothing much. I asked simple questions, and she did not really want to clarify it.
On the agreement, No.14 INDEMNITY AND HOLD HARMLESS Associate-Licensee agrees to indemnify, defend,and hold Broker harmless from all claims, disputes, litigation, judgement, awards, costs, and attorney's fee, arising from any action taken or omitted by Associate-Licensee, or others working through, or on behalf of Associate-Licensee in connection with services rendered or to be rendered pursuant to this agreement. Any such claims or costs payable pursuant to this agreement, are due as follows:
It checked on - Paid in full by Licensee, who hereby agrees to indemnify and hold harmless Broker for all such sums.
She explain on the day I signed that it was about auto insurance that I need to add the name of the company to be insured. And I believed her. The following week, in the traing, I asked her why not the other choice which said - In the same ratio as the compensation split as it existed at the time the compensation was earned by Associate-Licensee. She said again that this is about auto insurance which I need to add the company name in the insurance policy to be insured. I asked another question. My mentor went to ask broker and came back to tell me that I have to make an appointment with the broker, and the broker would better explain to me. And this is not the first time she told me to make an appointment. Even with her I need to set an appointment to talk to her. It's ok to do that, but I don't feel like this system. After the first training, my mentor asked me if I have questions and also asked me if I wanted to come back to the training next week. Then I knew that it was ok not to come back. So I decided to go somewhere else. And now I've just started training in the new company which provide private section, computer, direct phone line, name badge and a lot of training. I'm learning the new things everyday. Hope to get better every day.
Thank u for reading. Wish u all good luck

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