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.
Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesman (also known as a real estate agent) and a real estate loan broker in the state of Pennsylvania. This agreement establishes the working relationship, responsibilities, and compensation structure between the parties involved. Keywords: Pennsylvania, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, working relationship, responsibilities, compensation structure This agreement is designed to protect the rights and interests of both the real estate salesman and the real estate loan broker. It clearly defines the scope of work, expectations, and obligations of each party involved. It also addresses important factors such as commission rates, payment terms, confidentiality, and non-compete clauses. There are two main types or variations of Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement typically states that the real estate salesman exclusively works with the particular real estate loan broker. This means that the real estate salesman is only allowed to conduct business with clients that are referred by the real estate loan broker and isn't permitted to work with other brokers during the duration of the agreement. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers or even represent clients independently. The real estate salesman has the freedom to seek out clients and conduct business with other brokers while still maintaining a working relationship with the specified broker outlined in the agreement. Both types of agreements contain similar key components such as: 1. Identification of Parties: This section clearly states the legal names and contact information of both the real estate salesman and the real estate loan broker. 2. Scope of Work: This section outlines the specific tasks and responsibilities the real estate salesman will undertake. It may include tasks such as client acquisition, property showings, negotiation, and document preparation. 3. Compensation: The compensation section describes how the real estate salesman will be compensated for their services. This typically involves a commission-based structure, where the real estate salesman receives a percentage of the commission generated from each successful transaction. The agreement should also state when and how the real estate salesman will be paid. 4. Confidentiality: This section ensures that both parties agree to maintain the confidentiality of sensitive information shared during the course of their professional relationship. It may include details about client information, financial data, trade secrets, or marketing strategies. 5. Termination: This section outlines the conditions under which either party can terminate the agreement. It may include scenarios such as breach of contract, poor performance, or mutually agreed-upon termination. Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that serves as a foundation for a successful working relationship between a real estate salesman and a real estate loan broker. It provides clarity, protection, and sets expectations to ensure a smooth and mutually beneficial partnership.Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the terms and conditions between a real estate salesman (also known as a real estate agent) and a real estate loan broker in the state of Pennsylvania. This agreement establishes the working relationship, responsibilities, and compensation structure between the parties involved. Keywords: Pennsylvania, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, working relationship, responsibilities, compensation structure This agreement is designed to protect the rights and interests of both the real estate salesman and the real estate loan broker. It clearly defines the scope of work, expectations, and obligations of each party involved. It also addresses important factors such as commission rates, payment terms, confidentiality, and non-compete clauses. There are two main types or variations of Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement typically states that the real estate salesman exclusively works with the particular real estate loan broker. This means that the real estate salesman is only allowed to conduct business with clients that are referred by the real estate loan broker and isn't permitted to work with other brokers during the duration of the agreement. 2. Non-Exclusive Agreement: In contrast to an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers or even represent clients independently. The real estate salesman has the freedom to seek out clients and conduct business with other brokers while still maintaining a working relationship with the specified broker outlined in the agreement. Both types of agreements contain similar key components such as: 1. Identification of Parties: This section clearly states the legal names and contact information of both the real estate salesman and the real estate loan broker. 2. Scope of Work: This section outlines the specific tasks and responsibilities the real estate salesman will undertake. It may include tasks such as client acquisition, property showings, negotiation, and document preparation. 3. Compensation: The compensation section describes how the real estate salesman will be compensated for their services. This typically involves a commission-based structure, where the real estate salesman receives a percentage of the commission generated from each successful transaction. The agreement should also state when and how the real estate salesman will be paid. 4. Confidentiality: This section ensures that both parties agree to maintain the confidentiality of sensitive information shared during the course of their professional relationship. It may include details about client information, financial data, trade secrets, or marketing strategies. 5. Termination: This section outlines the conditions under which either party can terminate the agreement. It may include scenarios such as breach of contract, poor performance, or mutually agreed-upon termination. Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that serves as a foundation for a successful working relationship between a real estate salesman and a real estate loan broker. It provides clarity, protection, and sets expectations to ensure a smooth and mutually beneficial partnership.
