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.
Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that outlines the working relationship between a real estate salesman (also known as a real estate agent) and a real estate loan broker in the state of Maine. This agreement governs the terms and conditions under which the real estate salesman, as an independent contractor, will work with the real estate loan broker to facilitate property sales and assist clients in obtaining real estate loans. In this agreement, the real estate loan broker engages the services of the real estate salesman to act as a representative and intermediary between clients and lenders. The real estate salesman will market properties, show properties to potential buyers, negotiate offers, provide advice on real estate investments, and assist clients in obtaining suitable real estate loans. Key provisions typically included in a Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Scope of Services: This section outlines the specific roles and responsibilities of the real estate salesman, such as marketing, showing properties, negotiating offers, facilitating loan applications, and providing advice on property investments. 2. Compensation: The agreement sets forth how the real estate salesman will be compensated, which may include a commission based on the sales price of properties, fees for loan facilitation services, or a combination of both. 3. Independent Contractor Status: It is explicitly stated that the real estate salesman is an independent contractor and not an employee of the real estate loan broker. This clarifies the absence of an employment relationship and highlights the real estate salesman's responsibility for paying their own taxes and insurance. 4. Term and Termination: The agreement specifies the duration of the contract and the conditions under which either party can terminate the agreement, such as breach of contract, non-performance, or upon written notice. 5. Non-compete and Non-disclosure: The real estate salesman may be required to agree to non-compete and non-disclosure provisions to protect the broker's interests, preventing the real estate salesman from working with competing loan brokers or disclosing confidential information. Different types of Maine Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may exist based on variations in compensation structure (e.g., commission-only, flat fee-based), services rendered (e.g., sales only, loan facilitation only, or both), and the specifics of non-compete and non-disclosure clauses. In conclusion, a Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that outlines the terms and conditions governing the relationship between a real estate salesman and a real estate loan broker in Maine. It ensures clarity, protection of interests, and defines the responsibilities and compensation of both parties involved in the real estate sales and loan facilitation process.Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract that outlines the working relationship between a real estate salesman (also known as a real estate agent) and a real estate loan broker in the state of Maine. This agreement governs the terms and conditions under which the real estate salesman, as an independent contractor, will work with the real estate loan broker to facilitate property sales and assist clients in obtaining real estate loans. In this agreement, the real estate loan broker engages the services of the real estate salesman to act as a representative and intermediary between clients and lenders. The real estate salesman will market properties, show properties to potential buyers, negotiate offers, provide advice on real estate investments, and assist clients in obtaining suitable real estate loans. Key provisions typically included in a Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Scope of Services: This section outlines the specific roles and responsibilities of the real estate salesman, such as marketing, showing properties, negotiating offers, facilitating loan applications, and providing advice on property investments. 2. Compensation: The agreement sets forth how the real estate salesman will be compensated, which may include a commission based on the sales price of properties, fees for loan facilitation services, or a combination of both. 3. Independent Contractor Status: It is explicitly stated that the real estate salesman is an independent contractor and not an employee of the real estate loan broker. This clarifies the absence of an employment relationship and highlights the real estate salesman's responsibility for paying their own taxes and insurance. 4. Term and Termination: The agreement specifies the duration of the contract and the conditions under which either party can terminate the agreement, such as breach of contract, non-performance, or upon written notice. 5. Non-compete and Non-disclosure: The real estate salesman may be required to agree to non-compete and non-disclosure provisions to protect the broker's interests, preventing the real estate salesman from working with competing loan brokers or disclosing confidential information. Different types of Maine Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may exist based on variations in compensation structure (e.g., commission-only, flat fee-based), services rendered (e.g., sales only, loan facilitation only, or both), and the specifics of non-compete and non-disclosure clauses. In conclusion, a Maine Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that outlines the terms and conditions governing the relationship between a real estate salesman and a real estate loan broker in Maine. It ensures clarity, protection of interests, and defines the responsibilities and compensation of both parties involved in the real estate sales and loan facilitation process.
