You, hereinafter referred to as “Contractor” is an agent of CHARLES RUTENBERG
REALTY, Inc., ("Broker") Or CHARLES RUTENBERG REALTY ASSOCIATES INC.
("Broker”) will do business as a: Sales Associate or Broker Associate, hereby agree as follows:
1. Independent Contractor Status - Contractor agrees to work for Broker as an Independent
Contractor, and not as an employee, however, Contractor understands that Broker is legally
accountable for the activities of the Contractor. All costs and obligations incurred by Contractor
in conducting his/her independent business shall be paid solely by Contractor, who will hold
Broker harmless from any and all costs and obligations. The contractor will act independently as
to the management of his/her time and efforts and will be responsible for timely payment of all
of his/her own expenses. such as industry association dues, licensing renewals, pagers, cellular
telephones, etc., as they are incurred.
Contractor understands and agrees that, because Contractor is an Independent Contractor and not
an employee of Broker. Broker will not withhold any Federal or State Income Tax, Social
Security (FICA) or Unemployment (FUTA) taxes from Contractor's commissions paid.
Contractor is personally responsible for paying any and all Federal and State Income. Social
Security and other taxes, and for maintaining all expense records as required by law and
represents to Broker that all such amounts will be withheld and paid when due. Contractor shall
understands and acknowledges that Broker provides no Workman's Compensation coverage.
Contractor hereby specifically waives such coverage and represents to Broker that he/she
understands that, if Contractor desires such coverage, Contractor must personally obtain such
coverage directly from the State of Florida or an insurance carrier of Contractor's choice, at
Contractor's sole expense.
2. License & Realtor Status - Contractor is and shall remain licensed and in good standing with
the Florida Department of Professional and Business Regulation, throughout the term hereof. All
Realtors®, Contractor(s) with Realtor status will adhere to the REALTOR® Code of Ethics and
the Multiple Listing Service Rules and By-Laws. Contractor will always conduct him/herself in
full compliance with the Statutes of Florida and the Rules and Regulations of the Florida Real
Estate Commission and in a way which reflects the high standards of the Broker.
3. Commissions and Fees - As commissions are earned through the efforts of Contractor,
any and all such commissions will be promptly paid to Contractor by Broker after receipt
and processing, less any amounts owing to Broker. Payment of any and all commissions is
subject to Broker receiving a complete sales file. Contractor will be notified by Broker
about any incomplete Files. At such time, the file remains incomplete for 60 days, the
commission will be forfeited. All disbursements will be paid at closing or within 48 hours
after commission check is received in office. Contractor further agrees to participate in the
program as specified below.
Charles Rutenberg Realty, Inc. & Charles Rutenberg Realty Associates, Inc.
(Silver Plan-$35 per month)
- $250 transaction fee will be withheld by and paid to Broker on each transaction.
- $ 50 Risk Management premium will be withheld on each transaction.
(Gold Plan-$100 per month)
-$250 transaction fee will be withheld by and paid to Broker on the FIRST transaction of
the month.
-$ 50 Risk Management premium will be withheld on each transaction.
(This election may be made once in any 6 month period.)
(All fees due the Broker must be included on the transaction’s HUD-1 statement and paid
through the close of escrow unless waived by Broker.)
**Transactions can be defined as individual tax id number or parcel.**
Broker deductions on all commissions other than sales closings are 10% of the gross
amount of fees or commissions earned with no Risk Management charge.
RENTALS:
Charles Rutenberg Realty will charge a flat fee of $250 for all residential rental listings.
ALL Lease Listing commissions need to paid be by the Owner/ Landlord – NOT the
tenant. All leasing commissions should be made payable to Charles Rutenberg Realty.
(Regardless of amount collected for fee from landlord or personally owned.) When
earning a fee for referring a tenant to the Lease Listing Agent or Landlord, the fee is 10%
due to the Brokerage. Commercial rentals are 10% as well. (See rules for Non-
Commercial Sales Associates working on a Commercial Transactions.) NO PROPERTY
MANAGEMENT ALLOWED!!! Contractor agrees and understands property
management services is strictly forbidden.
LIMITED SERVICE LISTINGS:
If an upfront fee is charged, Broker takes 10%. If/when property closes, E&O, and
Transaction Fee (if applicable based on plan) are due to Broker.
COMMERCIAL BROKERAGE:
10% on all Commercial Transactions. If no fee is collected, $300 ($450 principal) is due to
Broker. All residential agents MUST have approval from the Broker for any Commercial
Transactions.
In consideration of the foregoing, Contractor will pay Broker monthly by debit or credit
card:
-$35 a month (for Charles Rutenberg Realty, Inc./Charles Rutenberg Realty, Associates -
Silver plan)
-$100 a month (for Charles Rutenberg Realty, Inc/ Charles Rutenberg Realty, Associates -
Gold Plan)
4. Business Tax Receipt of Clearwater – Contractor agrees to reimburse the Broker for the
amount of the Business Tax Receipt charged to the Broker, by any municipality or other
governmental entity, for the employment of the Contractor. The City of Clearwater currently
charges an annual fee of $33.00, due and payable in September of each calendar year. The
Contractor hereby agrees to reimburse the Broker for this amount, or any future adjusted amount,
by authorization of a credit card charge, which is hereby granted.
5. Monthly Obligation & Commission Plans - Contractor acknowledges that monthly dues
and annual Occupational License fees are a legal obligation and agrees to make timely payments
as agreed to. Contractor may elect to change programs (Silver / Gold, residential only) with
written notice to Broker prior to the first day of any month. The change will become effective on
the first day of the month following such written notice. This election may be made once in any
6 month period. All agents revert to "Silver" when an agent leaves the Broker for commissions
earned and not active with the brokerage.
6. Errors & Omissions Insurance - The Errors and Omissions Insurance carrier shall be
chosen at Broker's discretion. Contractor understands that he/she is responsible for payment of
the deductible amount (currently $5,000.00) upon request, for each Errors and Omissions claim.
Contractor shall immediately notify Broker of any circumstances likely to give rise to any kind
of claim or complaint against Contractor and/or Broker. Failure to provide all required
documentation, a waiver acknowledging full responsibility of E&O deductible (signed by
Independent Contractor), will be required prior to getting paid. In the event of a claim, lawsuit,
license complaint or Arbitration demand, which is not wholly covered by insurance, Broker may
withhold from Contractor's commissions payable, an amount adequate to satisfy any amounts not
covered, which Broker shall place in its Claims and Disputes Retention Account, pending
settlement or other disposition of the matter. Broker may, in Broker's sole discretion, apply such
sums as necessary to settle or to satisfy any such claim or award, and Contractor agrees to
cooperate fully in this regard. Contractor understands that, from time to time, the Principals or
Broker may deem it necessary to obtain legal consultation concerning one of Contractors’
transactions, Contractor agrees to reimburse and indemnify Broker for any Attorney's fee
reasonably incurred by Broker to obtain legal advice concerning such transactions(s).
7. Agent As Principal (Buyer or Seller of Property) - In the event Contractor intends to enter
into any transaction as a principal, or an immediate relative that Contractor is representing
intends to enter into any transaction, or any entity owned or controlled by Contractor, Contractor
pays the office a transaction fee and risk management fee whether a commission is earned or not,
whether property is in MLS or not. In any event, Contractor agrees to indemnify and hold Broker
harmless from any claims, demands, complaints, Realtor® arbitrations or other actions made
against Broker as a result of any transaction in which Contractor acts as a principal. In lieu of the
Error and Omissions charge, a Principal Fee of $200 will be charged on all transactions in which
the Contractor is either the Buyer or Seller.
Residential Agents will NOT have E&O coverage when selling their own Personal Vacant
land or Commercial property.
8. Hold Harmless - As a material provision of this agreement, Contractor agrees that, for all
acts that Contractor does during his/her contractual relationship with Broker, Contractor will
forever indemnify and hold harmless Broker, their heirs, successors, spouses and assigns, from
any and all claims, complaints, causes of action, Realtor® arbitration demands, damages and
liabilities of any kind whatsoever, whether known or unknown, including without limitation of
any action, omission, negligence or any other basis of liability or complaint, in any forum,
brought by any third party against "Broker". No action or complaint arising out of a real estate
transaction in which Broker was involved may be brought by Contractor before anybody, against
any third party, without prior written consent of the Broker. If the Broker initiates any litigation
or arbitration action on behalf of the Contractor or if the Broker must defend any act of the
Contractor in litigation or arbitration, Contractor will pay all related filing fees and attorney fees.
9. Protection of Contractor’s Listings and Contracts - In the event that Contractor terminates
his/her contractual relationship with Broker for any reason, any and all listings obtained through
the efforts of Contractor during the term of this Agreement shall be withdrawn by contractor and
relisted with Contractor’s new brokerage, without penalty once any outstanding balance for dues,
charges or fees to Charles Rutenberg Realty are brought up to date. Pending sales will close with
Charles Rutenberg Realty with the full commissions being sent to the brokerage for
disbursement. If Broker assigns another agent to close out terminated Contractors pending sale,
commissions will be disbursed at Brokers discretion.
10. Transaction Defined – For purposes of this Agreement, the term “transaction” shall be
defined as the recording of the deed following the sale of real estate, or the execution by all
parties of a lease, where a commission is paid to Broker as a result of the efforts of Contractor.
Contractor agrees that Broker has the right to hold and/or apply any commissions owing to
Contractor, as may be necessary to pay for or secure any obligations of Contractor here under.
11. Termination Of Agreement - This Agreement may be terminated immediately by Broker
for any reason, or upon three calendar days written notice by Broker or Contractor. Contractor
agrees that a violation of any of Contractor's obligations hereunder shall constitute cause for
immediate termination of this Agreement. In the event this Agreement is terminated by Broker
for cause, Contractor agrees that any ongoing obligations of Contractor hereunder shall survive
the termination of this Agreement.
12. Mediation of Disputes - In the event of a dispute involving two or more contractors, all of
whom are licensed with "Broker", Contractor authorizes the Designated "Broker" sole and
absolute discretion in resolving said dispute. Contractor agrees to abide by the decision of the
Designated Broker. Contractor also agrees to hold harmless and indemnify "Broker" and its
Designated Broker against any claim, action or lawsuit of any kind, and from any loss, judgment,
or expense, including attorneys' fees, arising from or relating in any way to the resolution of said
dispute.
13. Agent Information - Contractor will keep office updated within 5 days of any changes to
their personal information such as mailing address, phone numbers, credit card, email address,
etc.
14. Broker’s Marketing Authorization – Contractor authorizes and acknowledges that Broker
may use the contractor’s name, photograph, and/or closing information for company promotion,
email campaigns, and marketing activities unless a written request to opt out is received and filed
with the company.
15. Do Not Call - Contractor may not solicit anyone on the Do Not Call list. It is the
Contractor's responsibility to check all phone numbers against a Do Not Call list.
16. Non-Compliance Fee - All executed documents will be uploaded into the Rutenberg file
system within 48 hours of execution. Due to compliance regulations, Charles Rutenberg Realty
reserves the right to impose a $100 Non-Compliance Fee every month there is a Missing File,
Listing Agreement or Contract. Any Fees will be deducted from Contractor’s commission
check. A Non-Compliance Fee of $100 will be imposed on any file that is not complete upon the
closing date. Additionally, the broker will contact Contractor regarding any incomplete files and
should any file remain incomplete 60 days after being notified in writing, any commission will
be forfeited.
17. No Project Management Allowed – There is absolutely No Project Management allowed.
E&O Insurance Coverage is not provided.
18. Mentor / Mentee Agreement – It is required that ALL newly licensed Contractors and/or
Contractors with NO prior transactions or closings be assigned a Mentor. Mentors shall receive
20% of the gross commissions earned from the Mentee’s 1st, 2nd, and 3rd closings.
19. The CHARLES RUTENBERG REALTY POLICY MANUAL is an extension of this
Agreement and is a living document. Contractor agrees to read and abide by the provisions of
the Policy Manual which is located and available at www.RutenbergFiles.com in the Dashboard
under CRR Policy Manual.
Charles Rutenberg Realty reserves the right to modify this agreement and will notify all
Contractors of any such changes via email.
The undersigned agree to the terms and conditions set forth above and acknowledge
receipt of a copy hereof.
Broker: CHARLES RUTENBERG REALTY, Inc.
CHARLES RUTENBERG REALTY ASSOCIATES, INC. 2025