An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Bexar Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker Bexar County, located in Texas, is a thriving region with a booming real estate market. A Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is an essential legal document that governs the relationship between a real estate salesperson and a loan broker in Bexar County, Texas. This Agreement outlines the terms and conditions for the independent contractor relationship between the real estate salesman and the loan broker. It serves to protect the rights and responsibilities of both parties involved in the real estate sales process. The agreement typically includes key details such as the agreement's effective date, the names and addresses of both the salesman and the loan broker, the scope of work, compensation details, termination clauses, and confidentiality requirements. Different types of Bexar Texas Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include: 1. Exclusive Sales Agreement: This type of agreement grants exclusivity to the real estate salesman, meaning they are the only individual authorized to broker loans for the loan broker within Bexar County. 2. Non-Exclusive Sales Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with various loan brokers and is not restricted to a single contract. 3. Commission-based Agreement: This type of agreement outlines the compensation structure, specifying the commission percentage the real estate salesman will receive for successfully closing loan transactions. 4. Retainer Agreement: A retainer agreement may be used when a loan broker requires the dedicated services of a real estate salesman for a set period or project. The agreement sets out the retainer fee and any additional commissions when specific sales targets are met. 5. Termination Agreement: A termination agreement applies when the relationship between the real estate salesman and loan broker needs to be concluded, and it outlines the terms and conditions for the termination process. Regardless of the specific type of Bexar Texas Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker, it is crucial for both parties to carefully review, understand, and sign the contract. Seeking legal counsel and professional guidance during the drafting and negotiation process is highly advised to ensure all legal aspects are properly addressed and both parties' interests are protected.Bexar Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker Bexar County, located in Texas, is a thriving region with a booming real estate market. A Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is an essential legal document that governs the relationship between a real estate salesperson and a loan broker in Bexar County, Texas. This Agreement outlines the terms and conditions for the independent contractor relationship between the real estate salesman and the loan broker. It serves to protect the rights and responsibilities of both parties involved in the real estate sales process. The agreement typically includes key details such as the agreement's effective date, the names and addresses of both the salesman and the loan broker, the scope of work, compensation details, termination clauses, and confidentiality requirements. Different types of Bexar Texas Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include: 1. Exclusive Sales Agreement: This type of agreement grants exclusivity to the real estate salesman, meaning they are the only individual authorized to broker loans for the loan broker within Bexar County. 2. Non-Exclusive Sales Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with various loan brokers and is not restricted to a single contract. 3. Commission-based Agreement: This type of agreement outlines the compensation structure, specifying the commission percentage the real estate salesman will receive for successfully closing loan transactions. 4. Retainer Agreement: A retainer agreement may be used when a loan broker requires the dedicated services of a real estate salesman for a set period or project. The agreement sets out the retainer fee and any additional commissions when specific sales targets are met. 5. Termination Agreement: A termination agreement applies when the relationship between the real estate salesman and loan broker needs to be concluded, and it outlines the terms and conditions for the termination process. Regardless of the specific type of Bexar Texas Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker, it is crucial for both parties to carefully review, understand, and sign the contract. Seeking legal counsel and professional guidance during the drafting and negotiation process is highly advised to ensure all legal aspects are properly addressed and both parties' interests are protected.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
