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.
Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker refers to a legally binding contract between a real estate loan broker and a real estate salesman in Houston, Texas, who works as an independent contractor. This agreement outlines the roles, responsibilities, and terms of the working relationship between the two parties. In this agreement, the real estate salesman acts as an independent contractor, meaning they are not an employee of the real estate loan broker but rather operate their own business. The agreement is designed to protect the interests and outline the rights and obligations of both the real estate loan broker and the salesman. Keywords: 1. Houston Texas Real Estate: Houston, Texas offers a vibrant real estate market, attracting numerous buyers and sellers. The agreement reflects the specific legal requirements and regulations applicable to Houston, Texas real estate sales. 2. Salesman: The agreement defines the role of a real estate salesman who is an independent contractor actively involved in real estate sales, marketing, and client acquisitions. 3. Independent Contractor: The agreement emphasizes the independent nature of the relationship between the real estate salesman and the loan broker. It ensures clear boundaries between employment and contract work and the absence of employee benefits. 4. Real Estate Loan Broker: The agreement refers to a licensed individual or company responsible for loan origination, mortgage brokerage, and other related services within the real estate industry. Types of Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker Plans: 1. Commission Agreement: This agreement allows the real estate salesman to earn a commission based on successful real estate transactions or sales, as outlined in the contract. 2. Exclusive Agreement: In an exclusive agreement, the real estate salesman works exclusively with the real estate loan broker and cannot represent any other broker or lender during the term of the agreement. 3. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesman has the flexibility to work with multiple brokers or lenders simultaneously, allowing for more diverse business opportunities. 4. Term Agreement: This type of agreement specifies a fixed duration during which the real estate salesman is contracted to work exclusively with the real estate loan broker. Once the term expires, the agreement may be renewed or terminated. 5. Termination Clause: The agreement should include provisions outlining conditions and procedures for termination, including early termination, termination with cause, or termination without cause. 6. Compensation Agreement: This segment of the agreement details how the real estate salesman will be compensated, including commission rates, payment schedule, and any additional expenses or reimbursements. Overall, the Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that ensures a fair and transparent working relationship between the real estate loan broker and the independent contractor salesman in Houston's real estate market.Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker refers to a legally binding contract between a real estate loan broker and a real estate salesman in Houston, Texas, who works as an independent contractor. This agreement outlines the roles, responsibilities, and terms of the working relationship between the two parties. In this agreement, the real estate salesman acts as an independent contractor, meaning they are not an employee of the real estate loan broker but rather operate their own business. The agreement is designed to protect the interests and outline the rights and obligations of both the real estate loan broker and the salesman. Keywords: 1. Houston Texas Real Estate: Houston, Texas offers a vibrant real estate market, attracting numerous buyers and sellers. The agreement reflects the specific legal requirements and regulations applicable to Houston, Texas real estate sales. 2. Salesman: The agreement defines the role of a real estate salesman who is an independent contractor actively involved in real estate sales, marketing, and client acquisitions. 3. Independent Contractor: The agreement emphasizes the independent nature of the relationship between the real estate salesman and the loan broker. It ensures clear boundaries between employment and contract work and the absence of employee benefits. 4. Real Estate Loan Broker: The agreement refers to a licensed individual or company responsible for loan origination, mortgage brokerage, and other related services within the real estate industry. Types of Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker Plans: 1. Commission Agreement: This agreement allows the real estate salesman to earn a commission based on successful real estate transactions or sales, as outlined in the contract. 2. Exclusive Agreement: In an exclusive agreement, the real estate salesman works exclusively with the real estate loan broker and cannot represent any other broker or lender during the term of the agreement. 3. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesman has the flexibility to work with multiple brokers or lenders simultaneously, allowing for more diverse business opportunities. 4. Term Agreement: This type of agreement specifies a fixed duration during which the real estate salesman is contracted to work exclusively with the real estate loan broker. Once the term expires, the agreement may be renewed or terminated. 5. Termination Clause: The agreement should include provisions outlining conditions and procedures for termination, including early termination, termination with cause, or termination without cause. 6. Compensation Agreement: This segment of the agreement details how the real estate salesman will be compensated, including commission rates, payment schedule, and any additional expenses or reimbursements. Overall, the Houston Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that ensures a fair and transparent working relationship between the real estate loan broker and the independent contractor salesman in Houston's real estate market.
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.
