In the Remax referral agreement, what relationship is established between BTRN and the Receiving Broker/Agent?
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.
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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
party's employees shall be deemed to be employees of the other party for any purpose whatsoever.
- a. You agree to pay BTRN a Referral Fee for each Referred Client you receive from BTRN that results in a Completed Transaction within two years of receiving the Referred Client (subject to the other provisions of this Section C). The Referral Percentage will be 30 percent and is not negotiable unless otherwise specified, documented, and agreed upon by BTRN.
Receiving Broker/Agent shall defend, indemnify, save and hold BTRN, its affiliates, and their respective officers, directors, employees, managers, members, owners, contractors, representatives, successors and assigns harmless from any and all actions, judgments, damages, demands, liabilities, losses, costs and claims, including reasonable attorney's fees, whether asserted or threatened (collectively, any "Actions") that arise from or are related to (i) Receiving Broker/Agent's participation in the BTRN program
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the referral agreement establishes BTRN, LLC as a licensed real estate broker responsible for handling referrals generated by the MAX/Tech Lead Concierge program. The agreement defines the terms governing the referral process between BTRN and the Receiving Broker/Agent. Specifically, BTRN is considered a vendor or 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.
As part of the agreement, the Receiving Broker/Agent agrees to pay BTRN a Referral Fee for each Referred Client that results in a Completed Transaction within two years of receiving the referral. The standard Referral Percentage is 30 percent of the Gross Commission, although this may be negotiable if specified, documented, and agreed upon by BTRN. The Receiving Broker/Agent is also responsible for paying this fee directly from escrow to BTRN, LLC.
Remax Receiving Broker/Agents must defend, indemnify, and hold BTRN harmless from any actions, judgments, damages, liabilities, losses, costs, and claims, including attorney's fees, arising from their participation in the BTRN program, breach of the agreement, TCPA violations, or RESPA violations. BTRN also has the right to participate in the defense or settlement of any such action. This agreement is binding upon both the Receiving Broker/Agent and BTRN, including their heirs, successors, and legal representatives.