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.
The Guam Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the terms and conditions of a professional relationship between a real estate salesman and a real estate loan broker in Guam. This agreement outlines the duties, responsibilities, and compensation of the real estate salesman, who operates as an independent contractor, and the real estate loan broker. Keywords: Guam, real estate, salesman, independent contractor agreement, real estate loan broker. There are several types of Guam Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. They include: 1. Exclusive Salesman Agreement: This agreement grants exclusive rights to the real estate salesman to represent the real estate loan broker in the sale of properties within a specified territory or client list. It defines the specific terms and conditions under which the salesperson can act as the broker's exclusive representative. 2. Non-exclusive Salesman Agreement: In this type of agreement, the real estate loan broker may enter into contracts with multiple salesmen simultaneously. The agreement sets out the rights and responsibilities of each party, including the limitations on the number of salesmen the broker can engage. 3. Commission-Based Agreement: This agreement outlines the commission structure for the real estate salesman. It specifies the percentage or amount of commission the salesman will receive for each successful real estate loan transaction. Additionally, it may outline any expenses that the salesman is responsible for. 4. Referral Agreement: This type of agreement enables the real estate salesman to refer clients to the real estate loan broker in exchange for a referral fee or commission. The agreement defines the terms of the referral relationship, including the specific circumstances under which the referral fee is owed. 5. Duration Agreement: A duration agreement sets the terms for the duration of the independent contractor relationship between the real estate salesman and the real estate loan broker. It may specify the length of the agreement, any renewal options, and the termination conditions. In conclusion, the Guam Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a vital legal document that protects the rights and obligations of both the real estate salesman and the real estate loan broker. It establishes clear guidelines regarding the independent contractor relationship and ensures fair compensation for services rendered. It is crucial for both parties to carefully review and negotiate the terms of this agreement to ensure a mutually beneficial and transparent working relationship.The Guam Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the terms and conditions of a professional relationship between a real estate salesman and a real estate loan broker in Guam. This agreement outlines the duties, responsibilities, and compensation of the real estate salesman, who operates as an independent contractor, and the real estate loan broker. Keywords: Guam, real estate, salesman, independent contractor agreement, real estate loan broker. There are several types of Guam Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. They include: 1. Exclusive Salesman Agreement: This agreement grants exclusive rights to the real estate salesman to represent the real estate loan broker in the sale of properties within a specified territory or client list. It defines the specific terms and conditions under which the salesperson can act as the broker's exclusive representative. 2. Non-exclusive Salesman Agreement: In this type of agreement, the real estate loan broker may enter into contracts with multiple salesmen simultaneously. The agreement sets out the rights and responsibilities of each party, including the limitations on the number of salesmen the broker can engage. 3. Commission-Based Agreement: This agreement outlines the commission structure for the real estate salesman. It specifies the percentage or amount of commission the salesman will receive for each successful real estate loan transaction. Additionally, it may outline any expenses that the salesman is responsible for. 4. Referral Agreement: This type of agreement enables the real estate salesman to refer clients to the real estate loan broker in exchange for a referral fee or commission. The agreement defines the terms of the referral relationship, including the specific circumstances under which the referral fee is owed. 5. Duration Agreement: A duration agreement sets the terms for the duration of the independent contractor relationship between the real estate salesman and the real estate loan broker. It may specify the length of the agreement, any renewal options, and the termination conditions. In conclusion, the Guam Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a vital legal document that protects the rights and obligations of both the real estate salesman and the real estate loan broker. It establishes clear guidelines regarding the independent contractor relationship and ensures fair compensation for services rendered. It is crucial for both parties to carefully review and negotiate the terms of this agreement to ensure a mutually beneficial and transparent working relationship.
