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Real Estate Consultant Vs. Real Estate Agent
Although a real estate agent can also provide consulting services, there are clear differences in the two roles:
A real estate consultant doesn’t need to be licensed or a member of an association. They work in an advisory role to their clients, often working in the commercial sector, and do not list, sell, or purchase property when acting as consultants.
A real estate agent must be licensed and join the local, state, and national real estate associations. The agent’s job is to list, sell, or purchase property on their clients’ behalf.
Sample
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REAL ESTATE CONSULTANT AGREEMENT
This Consultant Agreement (“Agreement”) is made effective as of [MM/DD/YYYY] by and between [CONSULTANT NAME], with a mailing address of [CONSULTANT ADDRESS] (the “Consultant”) and [CLIENT NAME], with a mailing address of [CLIENT ADDRESS] (the “Client”).
1. SERVICES. The Consultant agrees to provide the following services to the Client: [DESCRIBE DEVELOPER’S SERVICES] (“Services”).
2. COMPENSATION. In consideration for the Services to be provided, the Client agrees to pay the Consultant $[AMOUNT] per hour.
3. PAYMENT METHOD. The Consultant shall be paid, in accordance with section 2, upon the Client receiving an Invoice from the Consultant.
4. TERM. The Services shall commence on [MM/DD/YYYY] and end on [MM/DD/YYYY].
5. RETAINER. As an advance on future Services to be provided, the Client is required to pay the Consultant a retainer in the amount of $[AMOUNT] every ☐ week ☐ month ☐ quarter, beginning on [DATE] (“Retainer”). The Retainer is non-refundable.
6. CONTINGENCY. As part of the Consultant’s pay, there shall be a contingency fee arrangement in accordance with [PERCENT]% of [CONTINGENCY REQUIREMENTS].
7. NON-DISCLOSURE. The Consultant agrees not to disclose or use the Client’s proprietary or confidential information without prior written consent, except as needed to perform the Services, recognizing that such actions would cause irreparable harm to the Client.
8. EXPENSES. The Client shall be responsible for the following expenses: [LIST EXPENSES TO BE PAID BY CLIENT].
9. INDEPENDENT CONTRACTOR STATUS. The Consultant is an independent contractor, and neither the Consultant nor their employees or contract personnel are or shall be deemed the Client’s employees.
10. TERMINATION. Either party may terminate this Contract upon [#] days’ written notice.
IN WITNESS WHEREOF, the parties have executed this Agreement on [MM/DD/YYYY].
Consultant’s Signature: ____________________ Date: [MM/DD/YYYY]
[CONSULTANT PRINTED NAME]
Client’s Signature: ____________________Date: [MM/DD/YYYY]
[CLIENT PRINTED NAME]