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.
District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In the District of Columbia, the Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker outlines the contractual relationship between a real estate salesperson and a real estate loan broker. This agreement governs the terms and conditions under which the salesperson operates as an independent contractor, providing services related to real estate sales and loan brokerage. Here are some key elements typically included in such agreements: 1. Parties Involved: This section identifies the parties entering into the agreement, including the real estate salesman and the real estate loan broker. 2. Purpose and Scope: The agreement outlines the specific services the salesperson will provide, including the facilitation of real estate transactions and loan brokerage activities. It clarifies that the salesperson operates as an independent contractor, without an employer-employee relationship with the broker. 3. Compensation and Commission: This section comprehensively details the commission structure, payment terms, and any additional compensation the salesperson is entitled to receive. It may include provisions related to commission sharing, bonuses, or other incentives, depending on the agreement. 4. Duties and Responsibilities: The agreement lists the obligations and responsibilities of the salesperson, such as prospecting for clients, marketing properties, coordinating showings, negotiating contracts, assisting with loan applications, and maintaining accurate records. It may also include provisions on continuing education requirements and compliance with real estate laws and regulations. 5. Non-Compete and Non-Disclosure: To protect the interests of the real estate loan broker, the agreement may include provisions that prevent the salesperson from competing with the broker during or after the agreement period. This section may also contain confidentiality clauses concerning the handling of client information and proprietary business practices. 6. Termination and Renewal: The agreement outlines the conditions under which either party can terminate the agreement, including the notice period and reasons for termination. It may also include provisions for automatic renewal or the negotiation of a new agreement after the initial term expires. Possible Types of District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agency Agreement: This type of agreement establishes an exclusive relationship between the salesperson and a single real estate loan broker, prohibiting the salesperson from working with competitors within a defined geographic area. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is allowed to work with multiple real estate loan brokers simultaneously, providing flexibility and potentially access to a wider range of clients and resources. 3. Limited Duration Agreement: This agreement type specifies a fixed term during which the salesperson will work with the real estate loan broker. Upon expiration, the agreement may be extended, renegotiated, or terminated. In conclusion, the District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker establishes the legal framework for the relationship between a real estate salesperson and a real estate loan broker. By defining the rights, obligations, compensation, and other important aspects, this agreement helps ensure a mutually beneficial and compliant working arrangement in the competitive real estate market.District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In the District of Columbia, the Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker outlines the contractual relationship between a real estate salesperson and a real estate loan broker. This agreement governs the terms and conditions under which the salesperson operates as an independent contractor, providing services related to real estate sales and loan brokerage. Here are some key elements typically included in such agreements: 1. Parties Involved: This section identifies the parties entering into the agreement, including the real estate salesman and the real estate loan broker. 2. Purpose and Scope: The agreement outlines the specific services the salesperson will provide, including the facilitation of real estate transactions and loan brokerage activities. It clarifies that the salesperson operates as an independent contractor, without an employer-employee relationship with the broker. 3. Compensation and Commission: This section comprehensively details the commission structure, payment terms, and any additional compensation the salesperson is entitled to receive. It may include provisions related to commission sharing, bonuses, or other incentives, depending on the agreement. 4. Duties and Responsibilities: The agreement lists the obligations and responsibilities of the salesperson, such as prospecting for clients, marketing properties, coordinating showings, negotiating contracts, assisting with loan applications, and maintaining accurate records. It may also include provisions on continuing education requirements and compliance with real estate laws and regulations. 5. Non-Compete and Non-Disclosure: To protect the interests of the real estate loan broker, the agreement may include provisions that prevent the salesperson from competing with the broker during or after the agreement period. This section may also contain confidentiality clauses concerning the handling of client information and proprietary business practices. 6. Termination and Renewal: The agreement outlines the conditions under which either party can terminate the agreement, including the notice period and reasons for termination. It may also include provisions for automatic renewal or the negotiation of a new agreement after the initial term expires. Possible Types of District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agency Agreement: This type of agreement establishes an exclusive relationship between the salesperson and a single real estate loan broker, prohibiting the salesperson from working with competitors within a defined geographic area. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is allowed to work with multiple real estate loan brokers simultaneously, providing flexibility and potentially access to a wider range of clients and resources. 3. Limited Duration Agreement: This agreement type specifies a fixed term during which the salesperson will work with the real estate loan broker. Upon expiration, the agreement may be extended, renegotiated, or terminated. In conclusion, the District of Columbia Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker establishes the legal framework for the relationship between a real estate salesperson and a real estate loan broker. By defining the rights, obligations, compensation, and other important aspects, this agreement helps ensure a mutually beneficial and compliant working arrangement in the competitive real estate market.
