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 West Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal contract that outlines the terms and conditions of the working relationship between a real estate salesman and a real estate loan broker in the state of West Virginia. This agreement is crucial for establishing a clear understanding of the roles, responsibilities, and compensation of the parties involved. The agreement typically includes several key sections, such as: 1. Parties involved: Clearly identifies the real estate salesman and the real estate loan broker, including their names, business addresses, and contact information. 2. Term of the agreement: States the duration of the contract, specifying the start and end dates. It may also include provisions for renewal or termination. 3. Scope of services: Outlines the specific duties and responsibilities of the real estate salesman, which may include assisting the loan broker in marketing loan services, identifying potential clients, facilitating loan applications, and providing necessary documentation. 4. Compensation: Details the financial arrangements between the real estate salesman and the loan broker, including commission rates, payment schedules, and any additional incentives or bonuses. 5. Compliance with state laws: Highlights the obligation of both parties to adhere to all applicable laws and regulations governing real estate sales and loan brokering within the state of West Virginia. 6. Confidentiality and non-disclosure: Specifies the non-disclosure of sensitive business information, trade secrets, and client data. It may also include provisions to protect confidential information even after the termination of the agreement. 7. Independent contractor status: Clarifies that the real estate salesman is an independent contractor and not an employee of the loan broker. This section outlines the independent contractor's responsibilities for taxes, insurance, and any liabilities incurred during the course of their work. 8. Dispute resolution: Includes provisions for resolving any disputes that may arise between the parties, such as mediation or arbitration. It may also specify the governing law for the agreement. Some different types of West Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include variations based on specific industry niches, such as commercial real estate sales, residential real estate sales, or specialized lending areas (e.g., mortgage brokers, property developers, etc.). These agreements may have slight modifications to tailor the terms and conditions to the unique requirements of the respective field. In conclusion, a well-drafted West Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is vital for establishing a mutually beneficial and legally binding relationship between a real estate salesman and a real estate loan broker. It provides clarity on various aspects of the arrangement, such as services rendered, compensation, confidentiality, and the independent contractor's status, ensuring a smooth and professional working relationship.A West Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal contract that outlines the terms and conditions of the working relationship between a real estate salesman and a real estate loan broker in the state of West Virginia. This agreement is crucial for establishing a clear understanding of the roles, responsibilities, and compensation of the parties involved. The agreement typically includes several key sections, such as: 1. Parties involved: Clearly identifies the real estate salesman and the real estate loan broker, including their names, business addresses, and contact information. 2. Term of the agreement: States the duration of the contract, specifying the start and end dates. It may also include provisions for renewal or termination. 3. Scope of services: Outlines the specific duties and responsibilities of the real estate salesman, which may include assisting the loan broker in marketing loan services, identifying potential clients, facilitating loan applications, and providing necessary documentation. 4. Compensation: Details the financial arrangements between the real estate salesman and the loan broker, including commission rates, payment schedules, and any additional incentives or bonuses. 5. Compliance with state laws: Highlights the obligation of both parties to adhere to all applicable laws and regulations governing real estate sales and loan brokering within the state of West Virginia. 6. Confidentiality and non-disclosure: Specifies the non-disclosure of sensitive business information, trade secrets, and client data. It may also include provisions to protect confidential information even after the termination of the agreement. 7. Independent contractor status: Clarifies that the real estate salesman is an independent contractor and not an employee of the loan broker. This section outlines the independent contractor's responsibilities for taxes, insurance, and any liabilities incurred during the course of their work. 8. Dispute resolution: Includes provisions for resolving any disputes that may arise between the parties, such as mediation or arbitration. It may also specify the governing law for the agreement. Some different types of West Virginia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include variations based on specific industry niches, such as commercial real estate sales, residential real estate sales, or specialized lending areas (e.g., mortgage brokers, property developers, etc.). These agreements may have slight modifications to tailor the terms and conditions to the unique requirements of the respective field. In conclusion, a well-drafted West Virginia Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is vital for establishing a mutually beneficial and legally binding relationship between a real estate salesman and a real estate loan broker. It provides clarity on various aspects of the arrangement, such as services rendered, compensation, confidentiality, and the independent contractor's status, ensuring a smooth and professional working relationship.
