Real Estate Employment Agreement Template for New Zealand

The Real Estate Employment Agreement is essential for establishing clear terms of employment between real estate agencies and their agents in New Zealand. This document is used when hiring licensed real estate professionals, whether they are new to the industry or experienced agents changing agencies. It addresses the unique aspects of real estate employment, including commission-based compensation, compliance with the Real Estate Agents Act 2008, and specific industry obligations. The agreement must balance the flexible nature of real estate work with New Zealand employment law requirements, incorporating provisions for professional development, client relationship management, and regulatory compliance. It's particularly important in protecting both employer and employee interests while ensuring transparency in areas such as commission structures, performance expectations, and compliance responsibilities.

1. Parties: Identification of the employer (real estate agency) and the employee (real estate agent)

2. Background: Context of the agreement, including the agency's business and the agent's qualifications/license status

3. Definitions: Key terms used throughout the agreement including commission, listings, sales, settled transactions

4. Position and Duties: Role description, responsibilities, and obligations as a real estate agent

5. Term of Employment: Duration of employment (fixed-term or permanent) and probationary period if applicable

6. Hours of Work: Expected working hours, flexibility arrangements, and availability requirements

7. Remuneration: Base salary (if any), commission structure, and payment terms

8. Performance Standards: Expected targets, KPIs, and minimum performance requirements

9. Compliance Obligations: Obligations under Real Estate Agents Act, AML/CFT requirements, and other relevant legislation

10. Professional Development: Training requirements, continuing education, and licensing maintenance

11. Leave Entitlements: Annual, sick, bereavement leave and public holiday arrangements

12. Expenses and Resources: Reimbursement policies, provided tools, and business expense arrangements

13. Confidentiality: Protection of confidential information and client data

14. Restraint of Trade: Post-employment restrictions and client non-solicitation provisions

15. Termination: Notice periods, grounds for termination, and final payment arrangements

16. Dispute Resolution: Process for resolving employment-related disputes

17. General Provisions: Governing law, entire agreement, amendments, and severability