In the Remax referral agreement, what is the relationship between BTRN and the Receiving Broker/Agent defined as?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
- OVERVIEW This Agreement establishes and defines a referral arrangement between you ("you", "Receiving Broker/Agent") and BTRN, LLC ("BTRN"). Whereas, BTRN is a licensed real estate broker responsible for handling referrals generated by the MAX/Tech Lead Concierge program (defined below). These Terms and Conditions ("Terms") govern the referral process between BTRN and the Receiving Broker/Agent.
a. BY RECEIVING BROKER/AGENT
As the Receiving Broker/Agent you agree to the following terms for each Referral you receive from BTRN.
- i.Receiving Broker/Agent represents and warrants that Receiving Broker/Agent is (i) a licensed real estate broker or sales agent, (ii) has the legal authority to enter into this Agreement, (iii) shall be solely responsible for complying with all applicable laws, including state and local law requirements and (iv) shall conduct its business with Referred Clients a professional manner.
b. BY BTRN
i.BTRN represents that (i) BTRN, LLC has the legal authority to enter into this Agreement; and (ii) BTRN, LLC is a licensed real estate broker and can legally collect Referral Fees from the Receiving Broker/Agent.
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- INDEPENDENT CONTRACTOR In making and performing this Agreement, BTRN shall be deemed to be acting as a vendor or independent contractor of Receiving Broker/Agent.
Neither party shall be deemed a principal, agent, legal representative, joint venture or partner of the other.
Neither party is authorized to bind the other to any obligation, affirmation or commitment with respect to any other person or entity.
In addition, neither
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, the relationship between BTRN, LLC and the Receiving Broker/Agent is defined within the MAX/Tech Lead Concierge Referral Agreement. BTRN is identified as a licensed real estate broker responsible for handling referrals generated by the MAX/Tech Lead Concierge program. The Receiving Broker/Agent is the broker or individual agent within a brokerage who receives a Referred Client from BTRN. This agreement establishes the terms and conditions governing the referral process between these two parties.
Remax outlines specific representations and obligations for both the Receiving Broker/Agent and BTRN. The Receiving Broker/Agent must be a licensed real estate professional with the legal authority to enter the agreement, comply with all applicable laws, and conduct business with Referred Clients in a professional manner. BTRN represents that it has the legal authority to enter into the agreement and is a licensed real estate broker legally able to collect Referral Fees from the Receiving Broker/Agent.
Furthermore, Remax states that BTRN is considered an independent contractor of the Receiving Broker/Agent. This means that neither party is authorized to bind the other to any obligation or commitment, and neither party's employees are considered employees of the other. This independent contractor relationship is a common arrangement in the real estate industry, allowing Remax to maintain a network of agents without the liabilities of direct employment.