Contracts Lawyers for Colorado Springs, Colorado

I do not consider myself an expert in this area, but a royalty agreement is a type of contract, and there are several things for you to know about contracts in general. In no particular order: 1. The terms of any contract can be negotiated; 2. Any time a company hands someone any type of contract the company wrote, almost all terms will favor the company and not the other party signing the contract; and 3. Any time one is considering signing a contract for any type of real value, it's best to have a contracts attorney review the contract, advise you, and help you negotiate terms that are more favorable to you. (I'm not trying to push work for attorneys - I'm suggesting this to protect you). If you were signing a contract to have a kid mow your lawn once a week, you typically would not need an attorney - but for something like this, you were wise to ask questions. You can find contracts attorneys through wsba.org, and looking through the Directory under "contracts" or of course through ContractsCounsel.com. Whatever attorney you hire for a consultation, review, advice, or negotiation for something so important, please be sure to look into the attorney's reviews, education, experience, etc, just like you would for any other "expensive employee." Good luck to you, and I wish you every success. As a PS, this type of contract is outside my wheelhouse - just posted these comments to try and be of help to you. Best, Merry

There are many lawyers in Contracts Counsel that can assist.

If you're wondering whether your brokerage can drop you for not hitting your sales numbers, the short answer is yes, as long as that condition is clearly laid out in your written contract. In Florida, contract freedom is taken seriously, especially in independent contractor relationships like the one most real estate agents have with their brokerages. Let’s Talk Legal Groundwork Florida courts have consistently upheld performance-based termination clauses. Since you're probably working as an independent contractor, not an employee, your agreement is governed by standard contract law. Florida Statutes Chapter 475, which oversees real estate licensing, doesn’t block brokerages from setting minimum performance expectations, or from ending agreements when those expectations aren’t met. What matters is how clearly the contract is written, whether it aligns with Florida real estate regulations, and whether it passes the fairness test. If the terms are specific, compliant, and not outrageously one-sided, courts usually won’t interfere. What Makes a Sales Quota Clause Stick The key is clarity. Your agreement should spell out the exact quota, how often you’re expected to meet it, and what happens if you don’t. Something vague like "maintain a reasonable sales volume" is unlikely to hold up. But if the contract says, "you must close 12 transactions every 12 months," that’s enforceable. Your brokerage also has to follow the proper process if they decide to terminate. They need to notify the Florida Real Estate Commission and pay you for any commissions you’ve already earned under your agreement. Once a commission is earned (usually when you’ve procured a ready, willing, and able buyer on the agreed terms) it can’t be taken away simply because your affiliation ends. Florida courts have consistently upheld this principle. See Shuler v. Allen, 76 So. 2d 879 (Fla. 1955). Courts won’t usually step in unless the quota provision is so one-sided that it becomes legally “unconscionable,” which is a pretty high bar. Even a tough market isn’t enough to meet that standard if you signed off on specific numbers. What Happens If You're Terminated for Not Meeting Quotas? First, your license itself stays intact. Getting terminated doesn’t cancel your real estate license with the state. It just means you can’t practice until you link up with a new brokerage. You’ll need to affiliate with a new broker if you want to keep working in the field. You should still be paid for any commissions you earned before the termination. But don’t assume you’re entitled to commissions from deals that close after you’re let go. Unless your contract specifically says you are, you won’t be. How to Protect Yourself Check if your contract includes a cure period. Many agreements give you a window—say, 60 days—to turn things around after you’ve been notified of a performance issue. That’s your chance to meet the quota and avoid termination. It’s also a good idea to document your sales efforts and keep a record of market conditions. If your brokerage works across different markets and applies quotas the same way everywhere, regardless of local trends, you might have grounds to negotiate fairer terms. If you’re new to the field, try negotiating for lower quotas during your first year. Many brokerages are open to this, knowing that new agents need time to build momentum. When You Should Talk to an Attorney If your quota seems unrealistically high for your market, or if the termination process seems off, it’s worth getting legal advice. The same goes if your brokerage tries to withhold commissions you’ve already earned or hits you with penalties that aren’t spelled out in your contract. A Florida real estate attorney can go over your agreement with you and let you know where you stand. Even if a quota clause is enforceable, that doesn’t mean you have zero negotiating power. If you’ve been a solid producer but are going through a rough patch, many brokerages would rather work with you than lose you.

You are on the right track in identifying the key provisions: scope of work, payment terms, liability and insurance, and termination rights. Not all maintenance service agreements are exactly the same. Generally, what I do is look at a few of them. Then I speak with my client about the facts. Afterward, I draft the specific agreement for their purposes, including the appropriate provisions based on the client's specific needs.

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.