Broker and Sales Agent Relationship & Independent Contractor Disclaimer
Effective Date: August 1, 2026
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Purpose
This Disclaimer explains the independent contractor relationship between New Edge Commercial Real Estate ("Brokerage") and its associated sales agents and brokers, as well as the Brokerage's supervisory responsibilities under applicable federal and Texas law.
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Independent Contractor Relationship
New Edge Commercial Real Estate ("Brokerage") is a Texas-licensed commercial real estate brokerage. Unless otherwise agreed in writing, all associated sales agents and brokers are independent contractors and are not employees of the Brokerage.
Associated license holders independently conduct and manage their real estate business activities, including client relationships, prospecting, marketing, communications, negotiations, transaction management, work schedules, business expenses, and other day-to-day business operations. Except as required by law, associated license holders determine the manner and means by which they conduct their independent businesses and exercise their own independent professional judgment.
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Brokerage Support
To promote legal compliance and professional standards, the Brokerage provides written policies, compliance procedures, marketing and technology standards, AI guidelines, financial analysis guidelines, training, approved templates, and broker support. These resources are intended to assist associated license holders in operating their independent businesses and complying with applicable laws and regulations.
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Responsibility of Associated License Holders
Each associated license holder is individually responsible for complying with all applicable federal, state, and local laws, the Texas Real Estate License Act (TRELA), Texas Real Estate Commission (TREC) rules, the REALTOR® Code of Ethics (if applicable), and the Brokerage's written policies and procedures. Associated license holders are responsible for their own business decisions, client communications, negotiations, representations, and other day-to-day business activities.
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Limitations of the Brokerage Under the Independent Contractor Relationship
Under the independent contractor provisions of Internal Revenue Code §3508, associated license holders are not employees of the Brokerage. While the Brokerage provides supervision as required by the Texas Real Estate License Act (TRELA) and TREC rules, the Brokerage does not direct or control the day-to-day manner and means by which independent contractors conduct their businesses.
Nothing in this Disclaimer creates an employer-employee relationship or expands the Brokerage's supervisory responsibilities beyond those required by applicable law. Nothing herein limits or waives any non-waivable duties imposed upon the sponsoring broker under Texas law.
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References
This Disclaimer is intended to be consistent with applicable federal and Texas law, including:
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Internal Revenue Code §3508 – Treatment of Real Estate Agents and Direct Sellers
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IRS – Licensed Real Estate Agents: Real Estate Tax Tips
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Texas Occupations Code, Chapter 1101 – Texas Real Estate License Act (TRELA)
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Texas Real Estate Commission (TREC) Rules, including Rule §535.2 – Broker Responsibility
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TREC Broker Responsibility Course Manual (Student Edition)
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