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.
A Fairfax Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract that outlines the terms and conditions between a real estate salesperson and a real estate loan broker in Fairfax, Virginia. This agreement enables the real estate salesperson to work as an independent contractor for the real estate loan broker, providing their services to clients in the field of real estate sales. Keywords: Fairfax Virginia, real estate, salesman, independent contractor agreement, real estate loan broker, terms and conditions, services, clients, field of real estate sales. Different types of Fairfax Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include variations in the terms and conditions, responsibilities, compensation, and duration of the agreement. Some specific types could include: 1. Commission-Based Agreement: This type of agreement outlines that the real estate salesperson will receive a commission upon successfully closing a real estate sale or loan transaction. The commission may be a percentage of the sale price or a predetermined flat fee. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesperson can work with multiple real estate loan brokers simultaneously, providing their services to various clients. This type of contract allows the salesperson to maximize their opportunities and potentially work with different brokers simultaneously. 3. Exclusive Agreement: In contrast to a non-exclusive agreement, an exclusive agreement restricts the real estate salesperson from working with any other real estate loan broker during the contract's duration. This type of agreement often includes additional benefits, such as higher commission rates or exclusive access to certain client leads. 4. Referral agreement: A referral agreement defines the compensation structure when the real estate salesperson refers clients to the real estate loan broker. In this case, the salesperson may receive a referral fee or a percentage of the loan amount, while the loan broker handles the transaction details and client servicing. 5. Term-based Agreement: A term-based agreement specifies a fixed duration for the contract between the real estate salesperson and the real estate loan broker. This type of agreement is common for a predetermined period, such as six months or one year. Upon expiration, the agreement may be extended, renegotiated, or terminated as per the mutual agreement of both parties involved. These variations in Fairfax Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers allow flexibility to customize the terms based on the specific needs and preferences of both the real estate salesperson and the real estate loan broker. It is important for all parties involved to carefully review, negotiate, and understand the terms outlined in the agreement before signing it to ensure clarity and protection of their respective rights and obligations.A Fairfax Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract that outlines the terms and conditions between a real estate salesperson and a real estate loan broker in Fairfax, Virginia. This agreement enables the real estate salesperson to work as an independent contractor for the real estate loan broker, providing their services to clients in the field of real estate sales. Keywords: Fairfax Virginia, real estate, salesman, independent contractor agreement, real estate loan broker, terms and conditions, services, clients, field of real estate sales. Different types of Fairfax Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include variations in the terms and conditions, responsibilities, compensation, and duration of the agreement. Some specific types could include: 1. Commission-Based Agreement: This type of agreement outlines that the real estate salesperson will receive a commission upon successfully closing a real estate sale or loan transaction. The commission may be a percentage of the sale price or a predetermined flat fee. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesperson can work with multiple real estate loan brokers simultaneously, providing their services to various clients. This type of contract allows the salesperson to maximize their opportunities and potentially work with different brokers simultaneously. 3. Exclusive Agreement: In contrast to a non-exclusive agreement, an exclusive agreement restricts the real estate salesperson from working with any other real estate loan broker during the contract's duration. This type of agreement often includes additional benefits, such as higher commission rates or exclusive access to certain client leads. 4. Referral agreement: A referral agreement defines the compensation structure when the real estate salesperson refers clients to the real estate loan broker. In this case, the salesperson may receive a referral fee or a percentage of the loan amount, while the loan broker handles the transaction details and client servicing. 5. Term-based Agreement: A term-based agreement specifies a fixed duration for the contract between the real estate salesperson and the real estate loan broker. This type of agreement is common for a predetermined period, such as six months or one year. Upon expiration, the agreement may be extended, renegotiated, or terminated as per the mutual agreement of both parties involved. These variations in Fairfax Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers allow flexibility to customize the terms based on the specific needs and preferences of both the real estate salesperson and the real estate loan broker. It is important for all parties involved to carefully review, negotiate, and understand the terms outlined in the agreement before signing it to ensure clarity and protection of their respective rights and obligations.
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.
