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 Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract between a real estate salesperson and a loan broker. This agreement outlines the terms and conditions under which the salesperson operates as an independent contractor for the loan broker. Keywords: Massachusetts, real estate salesman, independent contractor agreement, real estate loan broker In Massachusetts, there may be different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. Some of these variations may include: 1. Exclusive Agreement: This type of agreement grants the loan broker exclusive rights to the services of the real estate salesperson. It means that the salesperson can only work with the specified broker and cannot provide services to any other broker or firm during the contract period. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is allowed to work with multiple real estate loan brokers simultaneously. This type of agreement offers more flexibility to the salesperson, as they have the freedom to explore various opportunities in the market. 3. Commission-Based Agreement: Most real estate salesperson independent contractor agreements involve commission-based compensation structures. These agreements specify the commission percentage or fee that the salesperson is entitled to receive for each successful loan transaction referred or closed through their efforts. 4. Duties and Responsibilities: The agreement should clearly outline the duties and responsibilities of both parties involved. This may include the salesperson's obligations to actively market loan products and services, maintain professional conduct, provide accurate information to clients, and comply with all legal and regulatory requirements, while the loan broker may agree to provide necessary training, support, access to resources, and any legal or administrative assistance. 5. Duration: The agreement should specify the duration of the contract, including the start and end dates. It may also include provisions for renewal or termination of the agreement and any notice periods required. 6. Confidentiality and Non-Disclosure: Real estate salesperson independent contractor agreements often include provisions to protect the confidential information of both parties. This may include client lists, trade secrets, pricing structures, marketing strategies, or any other proprietary information. 7. Dispute Resolution: In case of any disputes arising from the agreement, it is important to include a clause specifying the preferred method of dispute resolution, such as mediation, arbitration, or court litigation. It is essential for both the real estate salesperson and the real estate loan broker to carefully review and understand all the terms and conditions mentioned in the agreement. It is advisable to seek legal counsel if needed to ensure the agreement is comprehensive and compliant with Massachusetts real estate and contract laws.A Massachusetts Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract between a real estate salesperson and a loan broker. This agreement outlines the terms and conditions under which the salesperson operates as an independent contractor for the loan broker. Keywords: Massachusetts, real estate salesman, independent contractor agreement, real estate loan broker In Massachusetts, there may be different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. Some of these variations may include: 1. Exclusive Agreement: This type of agreement grants the loan broker exclusive rights to the services of the real estate salesperson. It means that the salesperson can only work with the specified broker and cannot provide services to any other broker or firm during the contract period. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is allowed to work with multiple real estate loan brokers simultaneously. This type of agreement offers more flexibility to the salesperson, as they have the freedom to explore various opportunities in the market. 3. Commission-Based Agreement: Most real estate salesperson independent contractor agreements involve commission-based compensation structures. These agreements specify the commission percentage or fee that the salesperson is entitled to receive for each successful loan transaction referred or closed through their efforts. 4. Duties and Responsibilities: The agreement should clearly outline the duties and responsibilities of both parties involved. This may include the salesperson's obligations to actively market loan products and services, maintain professional conduct, provide accurate information to clients, and comply with all legal and regulatory requirements, while the loan broker may agree to provide necessary training, support, access to resources, and any legal or administrative assistance. 5. Duration: The agreement should specify the duration of the contract, including the start and end dates. It may also include provisions for renewal or termination of the agreement and any notice periods required. 6. Confidentiality and Non-Disclosure: Real estate salesperson independent contractor agreements often include provisions to protect the confidential information of both parties. This may include client lists, trade secrets, pricing structures, marketing strategies, or any other proprietary information. 7. Dispute Resolution: In case of any disputes arising from the agreement, it is important to include a clause specifying the preferred method of dispute resolution, such as mediation, arbitration, or court litigation. It is essential for both the real estate salesperson and the real estate loan broker to carefully review and understand all the terms and conditions mentioned in the agreement. It is advisable to seek legal counsel if needed to ensure the agreement is comprehensive and compliant with Massachusetts real estate and contract laws.
