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 Kansas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding agreement that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the state of Kansas. This agreement establishes a working relationship between the two parties and defines their respective rights, obligations, and responsibilities. Keywords: Kansas, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. 1. Purpose of the Agreement: The agreement specifies that the real estate salesman will provide sales and marketing services on behalf of the real estate loan broker. It outlines the scope of work and the specific activities and tasks to be performed by the real estate salesman. 2. Parties Involved: The agreement identifies the parties involved, including the real estate salesman and the real estate loan broker. It includes their legal names, addresses, and contact information. 3. Independent Contractor Status: The agreement clarifies that the real estate salesman is an independent contractor and not an employee of the real estate loan broker. It details the rights and benefits associated with being an independent contractor, such as flexibility and control over working hours. 4. Term of the Agreement: The agreement specifies the duration or term for which the agreement will be in effect. It outlines the start and end dates, as well as any provisions for renewal or termination. 5. Compensation and Commission: The agreement outlines the compensation terms for the real estate salesman, including any base salary, commission structures, or performance bonuses. It may also include details about reimbursement of expenses and the frequency of payment. 6. Confidentiality and Non-Disclosure: The agreement includes provisions to protect the confidential information exchanged between the parties during the course of their business relationship. It prohibits the real estate salesman from disclosing or using the real estate loan broker's proprietary information for personal gain. 7. Marketing and Advertising: The agreement may specify the marketing and advertising strategies to be used by the real estate salesman. It may outline the permissible advertising channels, branding guidelines, and budget allocation for marketing activities. 8. Compliance with Laws and Regulations: The agreement ensures that both parties comply with all applicable federal, state, and local laws, rules, and regulations governing the real estate industry in Kansas. 9. Dispute Resolution: The agreement may include a clause specifying the process for resolving any disputes that may arise between the parties, such as mediation or arbitration. Types of Kansas Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement establishes an exclusive working relationship between the real estate salesman and the real estate loan broker. It restricts the real estate salesman from representing other loan brokers or engaging in any competitive activities within a specified geographic area. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple loan brokers simultaneously. It provides more flexibility for the real estate salesman to expand their network and increase their earning potential. 3. Commission-Only Agreement: This type of agreement compensates the real estate salesman solely based on commissions earned from successful real estate transactions. It may contain provisions for commission tiers, bonuses, or other incentives based on sales performance. 4. Part-Time Agreement: A part-time agreement is suitable for real estate salesmen who do not wish to commit to a full-time schedule. It outlines the specific hours or days of the week in which the real estate salesman will provide services to the real estate loan broker. In conclusion, the Kansas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive legal document that governs the relationship between a real estate salesman and a real estate loan broker in Kansas. By defining the rights and obligations of both parties, it establishes a framework for a successful business partnership in the real estate industry.The Kansas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding agreement that outlines the terms and conditions between a real estate salesman and a real estate loan broker in the state of Kansas. This agreement establishes a working relationship between the two parties and defines their respective rights, obligations, and responsibilities. Keywords: Kansas, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. 1. Purpose of the Agreement: The agreement specifies that the real estate salesman will provide sales and marketing services on behalf of the real estate loan broker. It outlines the scope of work and the specific activities and tasks to be performed by the real estate salesman. 2. Parties Involved: The agreement identifies the parties involved, including the real estate salesman and the real estate loan broker. It includes their legal names, addresses, and contact information. 3. Independent Contractor Status: The agreement clarifies that the real estate salesman is an independent contractor and not an employee of the real estate loan broker. It details the rights and benefits associated with being an independent contractor, such as flexibility and control over working hours. 4. Term of the Agreement: The agreement specifies the duration or term for which the agreement will be in effect. It outlines the start and end dates, as well as any provisions for renewal or termination. 5. Compensation and Commission: The agreement outlines the compensation terms for the real estate salesman, including any base salary, commission structures, or performance bonuses. It may also include details about reimbursement of expenses and the frequency of payment. 6. Confidentiality and Non-Disclosure: The agreement includes provisions to protect the confidential information exchanged between the parties during the course of their business relationship. It prohibits the real estate salesman from disclosing or using the real estate loan broker's proprietary information for personal gain. 7. Marketing and Advertising: The agreement may specify the marketing and advertising strategies to be used by the real estate salesman. It may outline the permissible advertising channels, branding guidelines, and budget allocation for marketing activities. 8. Compliance with Laws and Regulations: The agreement ensures that both parties comply with all applicable federal, state, and local laws, rules, and regulations governing the real estate industry in Kansas. 9. Dispute Resolution: The agreement may include a clause specifying the process for resolving any disputes that may arise between the parties, such as mediation or arbitration. Types of Kansas Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement establishes an exclusive working relationship between the real estate salesman and the real estate loan broker. It restricts the real estate salesman from representing other loan brokers or engaging in any competitive activities within a specified geographic area. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple loan brokers simultaneously. It provides more flexibility for the real estate salesman to expand their network and increase their earning potential. 3. Commission-Only Agreement: This type of agreement compensates the real estate salesman solely based on commissions earned from successful real estate transactions. It may contain provisions for commission tiers, bonuses, or other incentives based on sales performance. 4. Part-Time Agreement: A part-time agreement is suitable for real estate salesmen who do not wish to commit to a full-time schedule. It outlines the specific hours or days of the week in which the real estate salesman will provide services to the real estate loan broker. In conclusion, the Kansas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a comprehensive legal document that governs the relationship between a real estate salesman and a real estate loan broker in Kansas. By defining the rights and obligations of both parties, it establishes a framework for a successful business partnership in the real estate industry.
