Independent Contractor Agreement

One Charlotte Realty, Inc.

This Independent Contractor Agreement (“Agreement”) is entered into by and between One Charlotte Realty, Inc., a North Carolina real estate brokerage (“Brokerage”), with its mailing address at 1213 W Morehead St, 5th Floor, Charlotte, NC 28208, and any licensed real estate broker, broker associate, provisional broker, or affiliated real estate professional (“Agent”) who affiliates with Brokerage and conducts business under Brokerage.

This Agreement shall become effective immediately upon Agent’s affiliation with Brokerage, receipt of Brokerage policies and procedures, use of Brokerage services, participation in transactions, receipt of compensation, or performance of any real estate activities under Brokerage, whichever occurs first. No separate physical or electronic signature shall be required.

1. Independent Contractor Status

Agent acknowledges and agrees that Agent is and shall remain an independent contractor and not an employee of Brokerage.

Agent shall not be treated as an employee for federal tax purposes, North Carolina tax purposes, workers’ compensation, unemployment compensation, payroll taxes, employee benefits, retirement plans, health insurance, vacation pay, sick leave, or any other employment-related benefits.

Agent shall be solely responsible for:

  • Payment of all federal, state, and local income taxes
  • Self-employment taxes
  • Licensing fees and renewals
  • REALTOR® dues, MLS fees, and professional memberships
  • Automobile, transportation, and business expenses
  • Errors and Omissions insurance obligations as required by Brokerage
  • Any expenses incurred in conducting Agent’s real estate business

Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship other than as required under North Carolina real estate licensing law.

2. License Requirements

Agent shall maintain at all times an active and valid North Carolina real estate license in good standing with the North Carolina Real Estate Commission.

Agent shall immediately notify Brokerage of:

  • Any disciplinary action
  • Any complaint filed with the North Carolina Real Estate Commission
  • Any criminal charge or conviction
  • Any license suspension, probation, restriction, or investigation
  • Any matter that may affect Agent’s legal ability to practice real estate

Failure to disclose such matters may result in immediate termination of affiliation with Brokerage.

3. Broker Supervision

Agent acknowledges that Brokerage, through its Broker-in-Charge, maintains supervisory authority as required by North Carolina law.

Agent agrees to comply with:

  • All Brokerage policies and procedures
  • All Broker directives
  • North Carolina Real Estate Commission rules and regulations
  • State and federal fair housing laws
  • REALTOR® Code of Ethics, if applicable
  • MLS rules and regulations
  • All transaction compliance requirements

Brokerage retains final authority over all listings, contracts, advertising, compliance matters, escrow procedures, trust money procedures, and transaction files.

4. Commission and Fees

Brokerage shall compensate Agent according to the compensation structure established by Brokerage and communicated separately through Brokerage policy, onboarding documents, transaction instructions, or Broker directive.

Unless otherwise modified by written Broker directive, Brokerage may offer:

  • 100% commission to Agent
  • A $495 transaction fee per closed transaction
  • 50% commission to Agent on all office-provided leads, broker-generated leads, company-generated leads, referral leads, internet leads, sign calls, floor time leads, phone duty calls, relocation leads, or any lead provided directly or indirectly by Brokerage
  • An annual Errors and Omissions insurance contribution as established by Brokerage
  • Additional fees, fines, or charges for compliance violations, file deficiencies, disputes, legal claims, unpaid balances, or policy violations

Brokerage reserves the right to modify compensation structures, transaction fees, insurance charges, compliance fees, policies, and procedures at any time upon notice to Agent.

Agent acknowledges that commissions are payable only after:

  • Successful closing of the transaction
  • Brokerage receipt of commission funds
  • Complete compliance review
  • Full transaction file submission
  • Resolution of any outstanding disputes, chargebacks, unpaid fees, legal claims, or policy violations

5. Advertising and Marketing

All advertising, websites, social media, signs, flyers, videos, direct mail, online profiles, lead generation systems, and public representations involving real estate services conducted by Agent must comply with applicable law, Brokerage policy, and Broker approval requirements.

Agent shall not use:

  • Unapproved advertising
  • False, misleading, or deceptive marketing
  • Third-party copyrighted photographs without proper written authorization
  • Unauthorized team names, business names, or DBA names
  • Unapproved websites, landing pages, or lead capture systems
  • Brokerage branding, logos, or marketing materials in an unauthorized manner

Agent shall indemnify Brokerage for any copyright claims, advertising violations, fair housing claims, licensing violations, or unauthorized marketing activities caused by Agent.

6. Transaction Files and Records

All contracts, disclosures, agency agreements, listing agreements, buyer agency agreements, leases, escrow documentation, communications, and transaction-related records shall be maintained according to Brokerage policy and applicable North Carolina law.

Agent shall promptly deliver all transaction documents to Brokerage in the required format and within the required timeframe.

Agent shall not withhold transaction files, client information, deposits, keys, lockboxes, signs, or transaction records for any reason.

7. Trust Money and Earnest Money

Agent shall strictly comply with all trust account laws, escrow requirements, North Carolina Real Estate Commission rules, and Brokerage procedures.

Agent shall never personally hold escrow funds, earnest money deposits, due diligence fees, tenant deposits, or other trust money unless specifically authorized by law and Brokerage.

Improper handling of trust money may result in immediate termination and reporting to the North Carolina Real Estate Commission.

8. Confidentiality

Agent shall protect confidential, proprietary, and sensitive information relating to Brokerage, clients, customers, transactions, leads, systems, policies, and business operations.

Confidential information includes, but is not limited to:

  • Client and customer information
  • Transaction information
  • Brokerage operations
  • Commission structures
  • Lead systems
  • Marketing strategies
  • Internal policies and procedures
  • Brokerage forms, templates, and proprietary materials

This confidentiality obligation survives termination of Agent’s affiliation with Brokerage.

9. Agent Conduct

Agent agrees to conduct all real estate activities honestly, ethically, professionally, and in compliance with all applicable laws, regulations, MLS rules, fair housing requirements, and Brokerage policies.

Agent shall not:

  • Engage in fraud, misrepresentation, or dishonest conduct
  • Make unauthorized promises or representations on behalf of Brokerage
  • Violate fair housing laws or anti-discrimination laws
  • Fail to disclose material facts as required by law
  • Interfere with Brokerage relationships, clients, customers, or transactions
  • Use Brokerage systems for unauthorized purposes
  • Engage in conduct that exposes Brokerage to liability or reputational harm

10. Indemnification

Agent agrees to indemnify, defend, and hold harmless Brokerage, its officers, directors, Broker-in-Charge, employees, staff, owners, affiliates, representatives, and related parties from and against any claims, damages, losses, lawsuits, fines, penalties, attorney fees, costs, or liabilities arising from or related to Agent’s conduct.

This includes, but is not limited to, claims arising from:

  • Agent’s negligence
  • Misrepresentation
  • Unauthorized conduct
  • Licensing violations
  • Advertising violations
  • Copyright infringement
  • Fair housing violations
  • Ethics complaints
  • MLS violations
  • Contract disputes caused by Agent
  • Failure to comply with Brokerage policies

11. Technology, Systems, and Brokerage Materials

Any Brokerage-provided systems, software, email accounts, websites, CRM tools, leads, forms, templates, signs, lockboxes, marketing materials, documents, and intellectual property remain the property of Brokerage unless otherwise stated in writing.

Upon termination, Agent shall immediately stop using Brokerage systems, materials, names, branding, logos, email accounts, website references, and marketing materials.

12. No Authority to Bind Brokerage

Agent has no authority to bind Brokerage to any agreement, obligation, expense, settlement, legal position, advertisement, vendor contract, employment relationship, or financial commitment without prior written authorization from Brokerage or the Broker-in-Charge.

13. Termination

Either party may terminate Agent’s affiliation at any time, subject to North Carolina law and Brokerage policy.

Upon termination:

  • All pending transactions remain subject to Brokerage control
  • Commission disbursement shall be determined by Brokerage policy and transaction status
  • Agent shall immediately return all files, keys, signs, lockboxes, marketing materials, access credentials, and Brokerage property
  • Agent shall immediately cease all use of Brokerage branding
  • Agent shall update all advertising, websites, online profiles, social media accounts, and marketing materials to remove references to Brokerage

Brokerage may terminate Agent immediately for cause, including misconduct, noncompliance, unpaid balances, ethics violations, licensing issues, advertising violations, trust money issues, criminal conduct, or conduct exposing Brokerage to liability.

14. Pending Transactions After Termination

If Agent has pending transactions at the time of termination, Brokerage shall determine how such transactions will be managed, reassigned, completed, or closed.

Agent shall cooperate fully with Brokerage to ensure proper servicing of clients, customers, pending contracts, listings, disclosures, deadlines, and compliance obligations.

Brokerage may withhold, reduce, offset, or condition any commission payment as permitted by Brokerage policy, transaction circumstances, unpaid balances, unresolved disputes, legal claims, or compliance deficiencies.

15. Policies and Procedures

Agent agrees to comply with Brokerage’s Policies and Procedures Manual, compliance requirements, transaction procedures, advertising policies, commission policies, Broker directives, and all current and future updates.

Brokerage reserves the right to modify, update, replace, or supplement its policies and procedures at any time.

Agent’s continued affiliation, use of Brokerage services, participation in transactions, receipt of compensation, or conduct of real estate activities under Brokerage shall constitute acceptance of all current and future policies.

16. Dispute Resolution, Governing Law, and Venue

Any dispute arising under this Agreement shall first be submitted to Brokerage management or Broker-in-Charge review.

If unresolved, this Agreement shall be governed by the laws of the State of North Carolina, and venue shall lie exclusively in Mecklenburg County, North Carolina, unless otherwise required by law.

The prevailing party in any legal action may be entitled to recover reasonable attorney fees, court costs, and expenses to the fullest extent permitted by law.

17. Entire Agreement

This Agreement, together with Brokerage policies, procedures manual, compliance requirements, commission schedules, onboarding materials, and Broker directives, constitutes the full understanding between Brokerage and Agent regarding Agent’s affiliation with Brokerage.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Acknowledgment Without Signature

Agent acknowledges and agrees that no separate physical or electronic signature is required for this Agreement to be effective.

Receipt of this Agreement, affiliation with Brokerage, conducting business under Brokerage, receipt of compensation, participation in transactions, use of Brokerage systems, submission of an onboarding form, or continued association with Brokerage shall constitute full acceptance of all terms herein.

Agent’s continued affiliation shall serve as binding acceptance of this Agreement and all Brokerage policies, procedures, rules, and Broker directives.

Brokerage Information

One Charlotte Realty, Inc.
1213 W Morehead St, 5th Floor
Charlotte, NC 28208
Phone: 704-670-0000
Website: www.OneCharlotte.com

Broker-in-Charge: Oliver Hoffmann

This Agreement is intended for brokerage onboarding and internal compliance purposes.