Contracts Lawyers for Fargo, North Dakota

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Yes. For duration of contract

Thank you for your question. From the facts you presented, this would not be duress. You could argue undue influence since they were pressuring you, but it lacks the duress element since you could have just not participated. Kansas is also very generous in favoring the enforceability of liability waivers, so the specific facts of the incident and the terms of the waiver would have to be taken into consideration. Please let us know if you have any further questions!

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.

Hello and thank you for the opportunity to respond to this question. An Accounting Services Agreement should clearly define the relationship, scope, and expectations between a client and an accountant or accounting firm. Here are some key clauses to include: 1. Parties and Effective Date - Full legal names of the client and accounting firm. - Effective date of the agreement. 2. Scope of Services - Detailed list of services (e.g., bookkeeping, tax preparation, payroll processing, financial statements). - Frequency or deadlines for services. - Any excluded services (clarify what is not included). 3. Term and Termination - Duration of the agreement (fixed term or ongoing). - Termination rights (e.g., at-will, for cause, with notice). - Obligations upon termination (e.g., return of documents, final payment). 4. Fees and Payment Terms - Billing rates (hourly, flat-fee, retainer, etc.). - Payment due dates and methods. - Late payment penalties or interest. - Reimbursement for expenses, if applicable. 5. Client Responsibilities - Obligation to provide timely, accurate, and complete information. - Client cooperation with deadlines and document requests. 6. Confidentiality - Duty of confidentiality regarding client information. - Permitted disclosures (e.g., legal requirement, client consent). 7. Independent Contractor Status - Clarify that the accountant is not an employee. - No authority to bind the client without consent. 8. Limitation of Liability - Cap on damages (e.g., fees paid). - Exclusion of consequential or indirect damages. 9. Indemnification - Whether the client will indemnify the accountant for losses resulting from client-provided false information or misuse of advice. 10. Record Retention and Access - How long the accountant will retain records. - Terms under which the client can access or request documents. 11. Dispute Resolution - Governing law and jurisdiction. - Mediation or arbitration requirement. - Attorney’s fees in the event of a dispute. 12. Intellectual Property - Ownership of work product (e.g., spreadsheets, templates). - Licensing of proprietary tools, if used. 13. Non-Solicitation (Optional) - Restrictions on the client hiring the accountant’s employees during or after the engagement. 14. Force Majeure - Excuses performance delays due to uncontrollable events (e.g., natural disasters, pandemics). 15. Entire Agreement and Amendments - States that this is the complete agreement. - Requires amendments to be in writing and signed. This response is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney in your jurisdiction.