White Paper Personal Assistants

White Paper

Personal Assistants

What Unlicensed Personal Assistants May Do and How Their Services

May be Engaged

July 1995

Revised October 2014

White Paper – Personal Assistants 2

What Unlicensed Personal Assistants May Do and How Their Services May be

Engaged

The explosion of information technology that has occurred in the first half of the 1990′s has

created marketing and communications capacity that has real estate brokers and salespeople

busier than ever. The need for brokers and salespeople to be in almost constant contact with

existing and prospective clients, as well as with other brokers and salespeople, leaves little time, if

any, for details and support services that must be taken care of in order for business to be

maintained and successfully transacted.

To fill the need that has arisen, it is becoming more and more popular among brokers and

salespeople to use personal assistants to take care of details which take time that could better be

used by the broker or salesperson on activities that are more directly related to boosting sales

volume. In many cases, personal assistants are licensed real estate agents who are authorized to

perform the same functions as any other licensed real estate agent. It is at least equally common,

however, for a personal assistant to be unlicensed, which raises a number of questions about

which tasks and functions the personal assistant may perform, and which ones he or she may not.

The purpose of this analysis is to provide a general description of the personal assistant, identify

the functions the unlicensed personal assistant may and may not perform under Ohio law, and

describe the employment or contractual arrangements that may exist between a broker or

salesperson and a personal assistant.

I. WHAT IS A PERSONAL ASSISTANT?

A personal assistant in the real estate profession can be and often is the broker’s or salesperson’s

right-hand man or woman. He or she may be employed by, or may independently contract with, a

brokerage or an individual salesperson so that the brokerage or salesperson will have someone to

shoulder as much of the secretarial and organizational burden created by real estate sales as

possible. Although, as will be discussed, the duties that fall upon a personal assistant depend on

whether the personal assistant is licensed or not, a personal assistant is typically a combination of

secretary and office manager, handling not only phone calls and correspondence, but also

organizational tasks related to listings, sales, marketing, and all the other administrative facets of

the real estate profession.

II. WHAT MAY AN UNLICENSED PERSONAL ASSISTANT DO?

Section 4735.01 of the Ohio Revised Code lists the activities which require a real estate license.

These activities generally have to do with engaging in the business of selling, exchanging,

purchasing, renting, or leasing real estate for a fee or commission. The definition of what

constitutes the practice of real estate is very broad; therefore, a licensed brokerage or salesperson

must exercise extreme caution in permitting or authorizing an unlicensed individual to participate

in the business. Nevertheless, the definition of what constitutes the practice of real estate leaves

open a significant amount of activity in which an unlicensed individual may engage.

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An unlicensed individual may perform duties which are secretarial in nature, such as calling

people to schedule appointments or calling the owner of properties listed by the brokerage to

schedule showings, closings, or inspections. The dialogue of these conversations should be limited

to setting an appointment and should not focus on making representations about the services

offered by the brokerage. Although the mere setting of an appointment with an owner is not

conduct requiring a real estate license, extreme care must be exercised when a licensed agent

authorizes an unlicensed individual to call an owner to set an appointment. A licensee who

permits or authorizes an unlicensed individual to perform acts which require a license may be

subject to disciplinary action.

In addition to the secretarial duties unlicensed personal assistants may take care of, they also

typically perform much of the administrative work involved with listings. For example, they may

prepare market value analysis forms, compile listing packages, and prepare listing presentations.

They may also write and place advertisements, take and develop photographs of properties, and

address and mail open house invitations and thank you notes to open house attendees. Another

duty an unlicensed individual may perform is to deliver documents such as offers and

counteroffers; however, he or she may not interpret the documents or answer questions

concerning them.

Activities for the unlicensed personal assistant are more limited in areas directly related to sales

and marketing, but unlicensed personal assistants may coordinate direct mail campaigns, create

flyers and brochures, and maintain mailing lists. They may also monitor closing details and

coordinate closings, communicate with sellers and buyers regarding delivery or pick-up of keys,

and process sales, as long as they are continually careful not to make the types of representations

or statements that require a license. Questions concerning a property such as the asking price,

address, or number of bedrooms must be referred to a licensee, even if such questions arise in the

course of a telephone conversation which begins with a discussion of proper subjects.

Section 4735.01(A)(7) of the Ohio Revised Code requires that an individual be licensed as a real

estate broker or salesperson in order to direct or assist in the procuring of a prospect which is

calculated to result in the sale, lease, or exchange of real estate. One of the most common

questions related to this section is whether an unlicensed individual may prospect or call “for sale

by owners” or owners of expired listings to determine their interest in listing or re-listing their

property. Although setting an appointment for a licensee would not require a real estate license,

asking owners questions as to their housing needs in order to determine their interest in listing

their property may result in the personal assistant’s needing a license. For example, an unlicensed

person in calling an owner could use the following type of dialogue: “My name is John Smith. I’m

calling on behalf of Mary Jones of ABC Real Estate to see if an appointment could be set for Mary

Jones to discuss with you the services offered by ABC Real Estate.” If the response is in the

affirmative, an appointment could be set. However, any further inquiries by the unlicensed

individual should be avoided.

Based on these parameters, a real estate license would be required to gather information on an

owner’s house or a home they may be looking for, to provide information to the owner on

properties listed, or to request the names of others interested in buying or selling a property.

III. SHOULD THE UNLICENSED PERSONAL ASSISTANT BE THE LICENSEE’S EMPLOYEE?

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Because of the wide variety of functions that an unlicensed personal assistant may perform, and

because of the unique and individualized working relationship that the personal assistant has with

the licensed broker or real estate agent for whom he or she works, there are a number of options

available to brokerages and individual salespeople as to the type of agreement under which the

personal assistant’s services should be engaged.

The primary considerations in this area are: (1) whether the personal assistant’s services should

be engaged by the brokerage or by the individual salesperson, and (2) whether the personal

assistant should be an employee or an independent contractor. If the personal assistant is an

employee, then the brokerage or salesperson, as an employer, carries the risk of being held liable

for conduct by the personal assistant that is negligent, fraudulent, or otherwise unlawful.

Generally, the employer-employee relationship carries with it the right of the employer to

supervise, control, and direct the actions of the employee; in fact, under Ohio law, an employer-

employee relationship results when the employer controls the day-to-day activities and the details

of the employee’s job, even if the employee is otherwise characterized as an independent

contractor. It is also the employer’s role to define the scope of the employee’s employment. Thus,

it is the general rule that the employer may be held vicariously liable for its employees’ tortious or

otherwise unlawful conduct when that conduct occurs within the scope of the employee’s

employment. Although every case is different and depends upon unique facts, engaging a personal

assistant as an independent contractor should generally reduce the risk that vicarious liability will

flow back to the brokerage or salesperson, unless, again, the brokerage’s or salesperson’s control

of the personal assistant converts the would-be independent contractor into an employee. And in

practical reality, due to the close working relationship that typically exists between a brokerage or

salesperson and a personal assistant, it would be difficult under the Ohio control test for a

personal assistant to be characterized as an independent contractor instead of an employee.

In addition, if a personal assistant is an employee, then the employer, either the brokerage or the

individual salesperson, is responsible for the same tax withholdings and payroll details as with

other employees. If the personal assistant is hired as an independent contractor, and the

brokerage or salesperson does not control the day-to-day activities and the details of the personal

assistant’s job, then the brokerage or salesperson would not be responsible for federal or state tax

withholdings, worker’s compensation, unemployment compensation, and similar details. Either

way, the Superintendent of the Division of Real Estate has cautioned that unlicensed personal

assistants should be compensated on a salaried or hourly basis because an individual who is

compensated on a commission basis is more likely to appear to be engaged in conduct for which a

real estate license is required.

The most traditional of arrangements would be for the personal assistant to be an employee of the

brokerage. In that case, the brokerage would handle all of the payroll and tax reporting details, as

well as all employment-related issues, such as interviews, hiring, job description, wages, benefits,

work schedule, discipline, and termination. Although the brokerage would be the personal

assistant’s employer, the brokerage typically would not hire a personal assistant unless a licensed

salesperson had a particular need for one. Thus, it would not be unusual for the brokerage to hire

personal assistants only for salespersons with a specified minimum commission income. It would

also not be unusual for the personal assistant’s compensation to be charged back to the

salesperson for whom the personal assistant was hired and taken out of that salesperson’s

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commissions. In that case, the brokerage would probably charge the personal assistant’s

compensation back to the salesperson at a rate greater than 100 percent in order to cover the

payroll, personnel, and other administrative expenses carried by the brokerage as the personal

assistant’s employer. Finally, from the standpoint of vicarious liability, it may not matter to the

brokerage whether the personal assistant is licensed or unlicensed because the brokerage has the

ability, as the employer, to define the scope of the employee’s duties, to control and supervise the

personal assistant, and thereby to protect itself from being held vicariously liable for conduct by

the personal assistant that is beyond the scope of his or her employment.

Another option would be for the personal assistant to be employed directly by the salesperson for

whom he or she works. Under such an arrangement, the salesperson would handle all of the

payroll and tax reporting details, as well as all of the previously listed employment-related issues

such as interviews, job description, etc., just as the brokerage would in the first scenario. If the

personal assistant were licensed and earned commission income, then issues would arise as to

compliance with state law requirements that such commission-based income be paid by the

brokerage for whom the salesperson works, and not directly by the agent. But if the personal

assistant were unlicensed, then he or she would, or at least should, receive compensation on an

hourly or salary basis, as recommended by the Division of Real Estate. In either case, the most

significant issues involve the salesperson’s potential vicarious liability as an employer and the

extent to which the salesperson’s employment, control, and supervision of the personal assistant

would cut the brokerage off from potential vicarious liability. Although a determination as to

vicarious liability would have to be made on the basis of the individual facts in each case, if the

personal assistant is employed by the salesperson, then, presumably, the salesperson supervises

and controls the personal assistant and defines the scope of his or her employment. In the

generality of cases, such control and supervision by the salesperson as employer should insulate

the brokerage from vicarious liability, unless the brokerage also exerts, as a practical matter,

supervision and control over the personal assistant or unless the brokerage were deemed to

control and supervise the personal assistant by virtue of the brokerage’s relationship with the

salesperson.

Yet a third option is for the personal assistant to be an independent contractor engaged by the

individual salesperson. It should be emphasized, however, that creating this type of relationship

would require the salesperson to refrain from controlling and supervising the day-to-day activities

and details of the personal assistant’s work, and that might prove to be inconsistent with an

effective working relationship between the salesperson and the personal assistant. Nevertheless,

in this scenario, there is an express contractual agreement between the personal assistant and the

salesperson, who typically agrees to pay the personal assistant on the basis of completion of a

specific job in accordance with the terms and conditions of the contract. As was mentioned earlier,

compensating an independent contractor does not require the same payroll withholding and tax

reporting that compensating an employee entails, and it remains true that an unlicensed personal

assistant should not receive commission compensation, regardless of whether he or she is an

employee or an independent contractor. As an independent contractor, the personal assistant

generally will, and probably should, have his or her own office space or facility and furnish his or

her own supplies, materials, and equipment. Otherwise, the line between employee and

independent contractor begins to blur, and payroll and tax withholding problems and vicarious

liability issues begin to arise. As a practical matter, it is uncommon for brokerages to allow their

salespeople to contract independently with personal assistants who are licensed (although some

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brokerages allow it) because the license would give personal assistants with whom the brokerages

have no recognizable legal relationship the statutory authority to engage in the practice of real

estate with regard to properties listed by the brokerage, which would create commission-based

compensation issues that many brokerages would prefer to avoid.

In the fourth and final option, the personal assistant is an independent contractor engaged directly

by the brokerage. Again, it should be pointed out that control and supervision issues make this

arrangement a practical difficulty, but in this case, it would be reasonable to expect the brokerage

to require the personal assistant to be licensed because the personal assistant would be directly

associated with the brokerage but, as an independent contractor, would still be, as a non-

employee, beyond the control and supervision of the brokerage, at least in theory. Therefore, to

ensure that the personal assistant would not engage in the unauthorized practice of real estate,

but to do so without exerting the type of control and supervision that would change the personal

assistant from an independent contractor into an employee, it would be prudent for the brokerage

to insist that the personal assistant be licensed. The personal assistant’s being licensed would also

enable the brokerage to make the personal assistant’s compensation completely commission-

based because, presumably, the personal assistant would be expected to participate in the type of

sales activity for which he or she were licensed.

In conclusion, personal assistants have become a reality in the real estate profession because of

their ability to perform a wide variety of secretarial, administrative, and organizational functions

efficiently, which, as many brokerages and salespeople have experienced, liberates the individual

salesperson to do what he or she does best–sell. With that in mind, it is nothing less than smart

business to consider the costs, benefits, and risks that come with personal assistants and to

understand the ramifications of the various types of employment and contractual arrangements.

In the Index are sample contract forms of the most common types of employment/independent

contractor arrangements that are available to brokerages and salespeople. Each should be tailored

to fit the exact needs of the parties entering into them.

IV. DO'S AND DON'TS FOR UNLICENSED PERSONAL ASSISTANTS

DO:

• Call people to schedule appointments.

• Call the owners of properties listed by the brokerage to schedule showings, closings, or

inspections.

• Prepare market value analysis forms.

• Compile listing packages.

• Prepare listing presentations.

• Write and place advertisements.

• Take and develop photographs of properties.

• Address and mail open-house invitations and thank you notes to open-house attendees.

• Deliver documents such as offers and counter-offers.

• Coordinate direct mail campaigns.

• Create flyers and brochures.

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• Maintain mailing lists.

• Monitor closing details.

• Coordinate closings.

• Communicate with sellers and buyers regarding delivery or pick-up of keys.

• Process sales.

• Enter listings on office “listing board”.

• Mail copies of ads to sellers.

• Install and maintain “For Sale”, “Open House”, and “Sold” signs (after satisfaction of

contingencies).

• Coordinate sending of gifts, flowers, etc.

• Order legal description and plot plan.

• Prepare open house materials and prepare and mail highlight sheets as needed.

• Submit earnest money to secretary.

• Assemble For Sale By Owner and expired leads for follow up by REALTOR

• Mail expired and For Sale By Owner letters.

• Assist with organization of agent tour.

• If and when property is vacated, periodically inspect and oversee maintenance and care.

• Install and remove lock boxes.

• Input listings into Multiple Listing Service and handle Multiple Listing Service changes.

• Map properties for showing to buyers.

• Inform seller or buyer of title transfer and deliver or pick up keys.

• Communicate with escrow officer/branch escrow secretary to keep up to date on all activities

during the escrow period.

• Gather the names, addresses, and phone numbers of all parties to the transaction, including

sellers, buyers, REALTORS

, loan officer, title company, etc.

• Keep calendar of all important dates, i.e., loan application, loan approval, inspections,

satisfaction of contingencies, title transfer, etc.

• Attend sales meetings at request of REALTORS

®.

• Process incoming and outgoing referrals as deemed correct by the company.

• Special events promotion, organization, and implementation.

• Handle bank and trust deliveries.

• Handle all transaction record-keeping in an organized, complete, and clear manner.

• Search legal and/or city/county records.

• Compile information and keep records for income tax preparation.

DON’T:

• Make representations about the services offered by the real estate brokerage.

• Interpret documents or answer questions concerning documents.

• Ask, answer, or discuss questions concerning asking price, address, number of bedrooms, or

other qualities of a property.

• Ask owners questions as to their housing needs in order to determine their interest in listing

their property.

• Gather information on an owner’s house or a home an owner may be looking for.

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• Provide information to the owner on properties listed.

• Request the names of others interested in buying or selling a property.

• Direct or assist in the procuring of a prospect which is calculated to result in the sale, lease, or

exchange of real estate.

V. EMPLOYEE OR INDEPENDENT CONTRACTOR

The 20 factors indicating whether an individual is an employee or an independent contractor are:

1. Instructions. An employee must comply with instructions about when, where, and how to

work. Even if no instructions are given, the control factor is present if the employer has the

right to control how the work results are achieved.

2. Training. An employee may be trained to perform services in a particular manner. Independent

contractors ordinarily use their own methods and receive no training from the purchasers of

their services.

3. Integration. An employee’s services are usually integrated into the business operations

because the services are important to the success or continuation of the business. This shows

that the employee is subject to direction and control.

4. Services rendered personally. An employee renders services personally. This shows that the

employer is interested in the methods as well as the results.

5. Hiring assistants. An employee works for an employer who hires, supervises, and pays

workers. An independent contractor can hire, supervise, and pay assistants under a contract

that requires him or her to provide materials and labor and to be responsible only for the

result.

6. Continuing relationship. An employee generally has a continuing relationship with an

employer. A continuing relationship may exist even if work is performed at recurring although

irregular intervals.

7. Set hours of work. An employee usually has set hours of work established by an employer. An

independent contractor can set his or her own work hours.

8. Full-time required. An employee may be required to work or be available full-time. This

indicates control by the employer. An independent contractor can work when and for whom

he or she chooses.

9. Work done on premises. An employee usually works on the premises of an employer or works

on a route or at a location designated by an employer.

10. Order or sequence set. An employee may be required to perform services in the order or

sequence set by an employer. This shows that the employee is subject to direction and control.

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11. Reports. An employee may be required to submit reports to an employer. This shows that the

employer maintains a degree of control.

12. Payments. An employee is paid by the hour, week, or month. An independent contractor is

usually paid by the job or on a straight commission.

13. Expenses. An employee’s business and travel expenses are generally paid by an employer. This

shows that the employee is subject to regulation and control.

14. Tools and materials. An employee is normally furnished with significant tools, materials, and

other equipment by an employer.

15. Investment. An independent contractor is generally free to provide his or her services for

someone else.

16. Profit or loss. An independent contractor can make a profit or suffer a loss.

17. Works for more than one person or firm. An independent contractor is generally free to

provide his or her services to two or more unrelated persons or firms at the same time.

18. Offers services to general public. An independent contractor makes his or her services

available to the general public.

19. Right to fire. An employee can be fired by an employer. An independent contractor cannot be

fired so long as he or she produces a result that meets the specifications of the contract.

20. Right to quit. An employee can quit his or her job at anytime without incurring liability. An

independent contractor usually agrees to complete a specific job and is responsible for its

satisfactory completion or is legally obligated to make good for failure to complete it.

Reprinted from Department of the Treasury, Internal Revenue Service Publication 937, Cat. No.

63126N “Employment Taxes and Information Returns.”

The information presented in this White Paper is not intended to be--and should not be construed as--legal

advice. Before applying this information to a specific legal problem, readers are urged to seek advice from

their own legal counsel.

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LICENSED PERSONAL ASSISTANT COMPENSATION AGREEMENT

(Brokerage as Employer)

This compensation agreement is made and entered into on this ______day of __________20____ , by and

between __________________________________(the “Company”) and ____________________________(the

“Personal Assistant”), who is currently employed by the Company as a licensed personal assistant

to ___________________________________, a REALTOR

in the __________________________________office of the

Company (the REALTOR

In consideration of their mutual acts and promises, the parties hereby agree as follows:

1. This agreement shall not be construed as being an employment contract or agreement. The

Personal Assistant acknowledges that he or she is an employee “at will” of the Company. This

agreement is intended only to set forth the Personal Assistant’s compensation to be paid by the

Company to the Personal Assistant while the Personal Assistant is employed by the Company.

2. The parties acknowledge and agree that while the Personal Assistant is a licensed REALTOR

the Personal Assistant shall be compensated for services rendered as an employee of the

Company. Specifically, the Personal Assistant cannot list or sell properties in his or her own

name nor may he or she receive full commissions. However, the Personal Assistant may earn

referral fees paid by REALTORS

as stated in 3(b) of this agreement.

Additionally, the Personal Assistant also agrees that he or she will not actively or affirmatively

solicit real estate business for a period of three (3) years after termination of his or her

employment by the Company from either customers or clients or from any confidential

customer or client lists of the REALTOR

or the Company if the Personal Assistant

subsequently becomes an independent contractor REALTOR

-licensee with the Company or

any other broker within a fifteen (15) mile radius of the office in which he or she was

employed as a Personal Assistant.

3. As compensation for the Personal Assistant services to be rendered, the Company shall pay the

Personal Assistant, and the Personal Assistant shall accept as compensation in full for his or

her services, the following:

a. A salary of $________ per month payable in equal semi-monthly installments or an hourly

rate of $_________ payable in equal semi-monthly installments.

b. Referral fees, if any, to be paid pursuant to the agreement between the Personal

Assistant and REALTORS

. All referral fees will be paid through the Company payroll

with appropriate government taxes withheld.

4. This agreement shall terminate immediately in the event of the cessation of the Personal

Assistant’s employment by the Company. Upon termination of this agreement, the Personal

Assistant’s rights to all further compensation hereunder shall cease.

_______________________________________________ _______________________________________________

(Printed Name of Personal Assistant (Name of Company)

_______________________________________________ By:____________________________________________

(Signature)

_______________________________________________ Its:____________________________________________

(Date)

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LICENSED PERSONAL ASSISTANT COMPENSATION AGREEMENT

(Salesperson as Employer)

This compensation agreement is made and entered into on this ______day of __________20____ , by and

between __________________________________(the “Salesperson”), a REALTOR

in the ______________________

office of ___________________________________ (the “Company”), and _______________________________ (the

“Personal Assistant”), who is currently employed by the Salesperson as a licensed personal

assistant.

In consideration of their mutual acts and promises, the parties hereby agree as follows:

1. This agreement shall not be construed as being an employment contract or agreement. The

Personal Assistant acknowledges that he or she is an employee “at will” of the Salesperson.

This agreement is intended only to set forth the Personal Assistant’s compensation to be paid

by the Salesperson to the Personal Assistant while the Personal Assistant is employed by the

Salesperson.

2. The parties acknowledge and agree that while the Personal Assistant is a licensed REALTOR

the Personal Assistant shall be compensated for services rendered as an employee of the

Salesperson. Specifically, the Personal Assistant cannot list or sell properties in his or her own

name nor may he or she receive full commissions. However, the Personal Assistant may earn

referral fees paid by REALTORS

as stated in 3(b) of this agreement.

Additionally, the Personal Assistant agrees that he or she will not actively or affirmatively

solicit real estate business for a period of three (3) years after termination of his or her

employment by the Salesperson from either customers or clients or from any confidential

customer or client lists of the Salesperson or the Company if he or she subsequently becomes

an independent contractor REALTOR

-licensee with the Company or any other broker within

a fifteen (15) mile radius of the office in which he or she was employed as a Personal Assistant.

3. As compensation for the Personal Assistant services to be rendered, the Salesperson shall pay

the Personal Assistant, and the Personal Assistant shall accept as compensation in full for his

or her services, the following:

a. A salary of $________ per month payable in equal semi-monthly installments or an hourly

rate of $_________ payable in equal semi-monthly installments.

b. Such commission or referral fees as may be agreed upon by the Personal Assistant and

the Salesperson. It shall be the Salesperson’s obligation to arrange for payment of all

such fees through the Company payroll with appropriate government taxes withheld.

4. This agreement shall terminate immediately in the event of the cessation of the Personal

Assistant’s employment by the Salesperson. Upon termination of this agreement, the Personal

Assistant’s rights to all further compensation hereunder shall cease.

_______________________________________________ _______________________________________________

(Printed Name of Personal Assistant (Printed Name of Salesperson)

_______________________________________________ _______________________________________________

(Signature) (Signature)

_______________________________________________ _______________________________________________

(Date) (Date)

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INDEPENDENT CONTRACTOR LICENSED PERSONAL ASSISTANT AGREEMENT

(Contract with Brokerage)

This Agreement is made and entered into this ________ day of ________________________ , 20___________ ,

by and between __________________________________________________ (the “Company”) and

__________________________________________________a licensed personal assistant with the Company

(“Personal Assistant”).

In consideration of their mutual promises and benefits, the receipt and sufficiency of which are

hereby acknowledged, the parties agree as follows:

1. Independent Contractor Status: Personal Assistant agrees to act as an independent contractor,

not as an employee, with respect to the Company. Personal Assistant acknowledges and agrees

that she or he has read and understands the Internal Revenue Service’s guidelines for

independent contractors, attached hereto and incorporated herein. Personal Assistant agrees

to comply with said guidelines as well as all other applicable laws, rules, regulations, and

policies.

2. Compensation: Personal Assistant shall be compensated by the Company in the form of a flat

rate or percentage of commissions. The amount of compensation shall be indicated on the

Company’s sales sheet for each transaction. The commission paid to Personal Assistant for any

transaction shall not exceed percent of the gross commission credited to the Company

salesperson for that transaction (the “REALTOR

”), absent a written agreement to the contrary

between Personal Assistant and the REALTOR

. Personal Assistant shall be compensated at a

rate of percent of the gross commission received by the Company for each transaction side in

which Personal Assistant participates.

3. Transactions: All listings and transactions shall be performed in the name of and for the

benefit of the REALTOR

, except as provided herein. The REALTOR

shall receive all unit and

volume credit as well as the appropriate commission credit for each transaction. Personal

Assistant shall not receive unit or volume credit on any transactions.

Transactional documents may be signed by Personal Assistant, however, all such documents

shall be reviewed and signed by the REALTOR

prior to submitting documents to the branch

officer.

4. REALTOR

Legal Defense Program: Personal Assistant agrees to pay a pro rate share of

REALTOR

Legal Defense Program costs on any transaction where Personal Assistant received

greater than twenty-five percent (25 %) of the commission received by the REALTOR

5. Exclusivity: Personal Assistant agrees that she or he will not actively or affirmatively solicit

real estate business for a period of three (3) years after termination of this Agreement from

either customers or clients or from any confidential customer or client lists of the Company or

any REALTOR

employed by or under contract with the Company if Personal Assistant

subsequently becomes an independent contractor licensee of any real estate broker within a

thirty (30) mile radius of the Company office with which Personal Assistant was affiliated as an

independent contractor licensed personal assistant.

6. Miscellaneous: To the extent that any of the terms of this Agreement conflict with any

independent contractor agreement between Personal Assistant and any REALTOR

, the terms

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of this Agreement supersede. However, all other terms of any such other agreement not

inconsistent herewith shall remain in full force and effect. The parties acknowledge that this is

the complete and final expression of their agreement, and there are no other agreements

between the parties concerning the subject matter hereof.

IN WITNESS WHEREOF, the parties hereto, after reading this entire Agreement, have executed this

Agreement on the day and year below. Personal Assistant and Company hereby acknowledge

receipt of a copy of this Agreement

_______________________________________________ _______________________________________________

(Printed Name of Personal Assistant) (Name of Company)

_______________________________________________ By:____________________________________________

(Signature)

_______________________________________________ Its:____________________________________________

(Date)

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INDEPENDENT CONTRACTOR UNLICENSED PERSONAL ASSISTANT AGREEMENT

(Contract with REALTOR

)

This Agreement is made and entered into this ________ day of ________________________ , 20___________ ,

by and between __________________________________________________ (the “REALTOR

”) and

__________________________________________________an unlicensed personal assistant (the “Personal

Assistant”).

In consideration of their mutual promises and benefits, the receipt and sufficiency of which are

hereby acknowledged, the parties agree as follows:

1. Independent Contractor Status: Personal Assistant agrees to act as an independent contractor,

not as an employee, with respect to REALTOR

. The REALTOR

and Personal Assistant

acknowledge and agree that they have read and understand the Internal Revenue Service’s

guidelines for independent contractors, attached hereto and incorporated herein. The

REALTOR

and Personal Assistant agree to comply with said guidelines as well as all other

applicable laws, rules, regulations, and policies.

2. Compensation: Personal Assistant shall be compensated by the REALTOR

on a per hour or

per job basis as agreed upon between Personal Assistant and REALTOR

3. Exclusivity: Personal Assistant agrees that she or he will not actively or affirmatively solicit

real estate business for a period of three (3) years after termination of this Agreement from

either customers or clients or from any confidential customer or client lists of REALTOR

Personal Assistant subsequently becomes an independent contractor licensee of any real

estate broker within a thirty (30) mile radius of the Company office or offices with which the

REALTOR

was associated during the term of this Agreement.

IN WITNESS WHEREOF, the parties hereto, after reading this entire Agreement, have executed this

Agreement on the day and year below. Personal Assistant and REALTOR

hereby acknowledge

receipt of a copy of this Agreement

_______________________________________________ ________________________________________________

(Printed Name of Personal Assistant) (Printed Name of REALTOR

)

_______________________________________________ ________________________________________________

(Signature) (Signature)

_______________________________________________ ________________________________________________

(Date) (Date)