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.
Los Angeles California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that outlines the terms and conditions of a working relationship between a real estate salesperson and a real estate loan broker in the city of Los Angeles, California. This agreement is designed to establish a clear understanding of the rights, obligations, and responsibilities of both parties involved. Keywords: Los Angeles California, real estate, real estate salesperson, independent contractor agreement, real estate loan broker. In Los Angeles, California, there are different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, including: 1. Residential Real Estate Salesman Independent Contractor Agreement: This type of agreement specifically governs the relationship between a real estate salesperson and a real estate loan broker in the context of residential properties. It outlines the duties and compensation structure in relation to the sales and financing of residential real estate in Los Angeles. 2. Commercial Real Estate Salesman Independent Contractor Agreement: This agreement focuses on the rights and responsibilities of a real estate salesperson and a real estate loan broker when dealing with commercial properties. It covers sale, lease, and financing transactions related to office spaces, retail units, industrial properties, and other commercial real estate in Los Angeles. 3. Multi-family Real Estate Salesman Independent Contractor Agreement: This agreement is tailored for real estate salespersons and real estate loan brokers involved in the sales and financing of multi-family properties, such as apartment buildings and condominium complexes, in Los Angeles. It addresses the unique considerations and provisions relevant to multi-family real estate transactions. 4. Land Salesman Independent Contractor Agreement: This type of agreement is specifically for salespersons and loan brokers dealing with land transactions in Los Angeles. It encompasses the sale and financing of vacant land for various purposes, including residential, commercial, or agricultural use. Regardless of the specific type, a Los Angeles California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker usually covers key aspects such as compensation structure, commission rates, duration of the agreement, termination conditions, confidentiality obligations, marketing strategies, agency relationships, and compliance with local laws and regulations. It is important for both parties to carefully review and understand the terms of the agreement before signing, ensuring that it accurately reflects their respective roles and expectations. Legal guidance is often essential to develop a comprehensive and legally sound contract tailored to the specific needs and requirements of the real estate salesperson and real estate loan broker operating in Los Angeles, California.Los Angeles California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that outlines the terms and conditions of a working relationship between a real estate salesperson and a real estate loan broker in the city of Los Angeles, California. This agreement is designed to establish a clear understanding of the rights, obligations, and responsibilities of both parties involved. Keywords: Los Angeles California, real estate, real estate salesperson, independent contractor agreement, real estate loan broker. In Los Angeles, California, there are different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, including: 1. Residential Real Estate Salesman Independent Contractor Agreement: This type of agreement specifically governs the relationship between a real estate salesperson and a real estate loan broker in the context of residential properties. It outlines the duties and compensation structure in relation to the sales and financing of residential real estate in Los Angeles. 2. Commercial Real Estate Salesman Independent Contractor Agreement: This agreement focuses on the rights and responsibilities of a real estate salesperson and a real estate loan broker when dealing with commercial properties. It covers sale, lease, and financing transactions related to office spaces, retail units, industrial properties, and other commercial real estate in Los Angeles. 3. Multi-family Real Estate Salesman Independent Contractor Agreement: This agreement is tailored for real estate salespersons and real estate loan brokers involved in the sales and financing of multi-family properties, such as apartment buildings and condominium complexes, in Los Angeles. It addresses the unique considerations and provisions relevant to multi-family real estate transactions. 4. Land Salesman Independent Contractor Agreement: This type of agreement is specifically for salespersons and loan brokers dealing with land transactions in Los Angeles. It encompasses the sale and financing of vacant land for various purposes, including residential, commercial, or agricultural use. Regardless of the specific type, a Los Angeles California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker usually covers key aspects such as compensation structure, commission rates, duration of the agreement, termination conditions, confidentiality obligations, marketing strategies, agency relationships, and compliance with local laws and regulations. It is important for both parties to carefully review and understand the terms of the agreement before signing, ensuring that it accurately reflects their respective roles and expectations. Legal guidance is often essential to develop a comprehensive and legally sound contract tailored to the specific needs and requirements of the real estate salesperson and real estate loan broker operating in Los Angeles, California.
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.