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 Georgia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract between a real estate salesperson (often referred to as a salesman) and a real estate loan broker. This agreement comprehensively lays out the terms and conditions under which the real estate salesperson will provide their services as an independent contractor for the real estate loan broker. Keywords: Georgia, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker This type of agreement is essential in the real estate industry as it clearly defines the relationship between the real estate salesperson and the real estate loan broker. By establishing the roles, responsibilities, and compensation structure, both parties can ensure a fair and mutually beneficial working arrangement. Different types of Georgia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may vary based on specific terms, clauses, and addendums. Some variations of these agreements may include: 1. Exclusive Sales Agreement: This type of agreement grants the real estate salesperson exclusive rights to represent the real estate loan broker in a specific area or with specific clients. The agreement may specify restrictions on working with competing brokers or lenders in the same market. 2. Non-Exclusive Sales Agreement: Unlike an exclusive agreement, this type of contract allows the salesperson to represent multiple real estate loan brokers simultaneously. The agreement may outline limitations on sharing confidential client information between different brokers. 3. Commission-Based Agreement: This agreement typically focuses on the compensation structure for the real estate salesperson. It details how commissions will be calculated, distributed, and when they will be paid. It may also include performance-based incentives or bonuses. 4. Termination Agreement: This type of agreement outlines the conditions and protocols for terminating the relationship between the real estate salesperson and the real estate loan broker. It may specify clauses related to non-performance, breach of contract, or voluntary termination. 5. Addendum Agreement: This agreement is an additional document that can be attached to the Georgia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker. Addendums can address any additional terms, obligations, or rights that are specific to the working arrangement between the salesperson and broker. In summary, a Georgia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker establishes the legal framework for the working relationship between a real estate salesperson and a real estate loan broker. It is crucial to have a detailed and well-defined agreement that protects the interests of both parties involved.
