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.
Bronx New York Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In Bronx, New York, the Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract between a real estate salesman and a loan broker operating in the Bronx area. This agreement outlines the terms and conditions of the professional relationship between the two parties, ensuring clarity, protection, and fair practices in the real estate industry. Keywords: Bronx, New York, real estate, salesman, independent contractor agreement, loan broker. Types of Bronx New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Exclusive Salesman Agreement: This type of agreement establishes an exclusive relationship between the real estate salesman and the loan broker. It ensures that the salesman will solely represent the loan broker in all real estate transactions within a designated territory of the Bronx, New York. 2. Non-Exclusive Salesman Agreement: In contrast to the exclusive agreement, this type allows the real estate salesman to work with multiple loan brokers simultaneously. This agreement allows flexibility for the salesman to explore opportunities with various loan brokers in the Bronx area. 3. Commission-based Agreement: This type of agreement outlines the commission structure for the real estate salesman, specifying the percentage or flat fee that the salesman will receive for every successful real estate transaction assisted by the loan broker. It ensures transparency in payment terms. 4. Referral Agreement: This agreement is for real estate salesmen who primarily engage in referring potential clients to the loan broker. It outlines the terms of compensation for each successful referral made. 5. Termination Agreement: This type of agreement governs the procedure for terminating the contractual relationship between the real estate salesman and the loan broker. It includes details on notice periods, final compensation, and the return of any company property or confidential information. 6. Independent Contractor Agreement Addendum: This addendum could be used to include any additional terms or specific conditions that are unique to the Bronx area or to meet the specific needs of both parties involved. It allows for customization of the agreement according to the particular circumstances. In conclusion, a Bronx New York Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is an essential document that establishes the professional relationship between a real estate salesman and a loan broker. The agreement can take various forms depending on the exclusivity, commission structure, and specific requirements of the parties involved. This contract provides clarity, protection, and fair practices for all parties, ensuring a successful collaboration in the Bronx real estate market.Bronx New York Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In Bronx, New York, the Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding contract between a real estate salesman and a loan broker operating in the Bronx area. This agreement outlines the terms and conditions of the professional relationship between the two parties, ensuring clarity, protection, and fair practices in the real estate industry. Keywords: Bronx, New York, real estate, salesman, independent contractor agreement, loan broker. Types of Bronx New York Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker: 1. Exclusive Salesman Agreement: This type of agreement establishes an exclusive relationship between the real estate salesman and the loan broker. It ensures that the salesman will solely represent the loan broker in all real estate transactions within a designated territory of the Bronx, New York. 2. Non-Exclusive Salesman Agreement: In contrast to the exclusive agreement, this type allows the real estate salesman to work with multiple loan brokers simultaneously. This agreement allows flexibility for the salesman to explore opportunities with various loan brokers in the Bronx area. 3. Commission-based Agreement: This type of agreement outlines the commission structure for the real estate salesman, specifying the percentage or flat fee that the salesman will receive for every successful real estate transaction assisted by the loan broker. It ensures transparency in payment terms. 4. Referral Agreement: This agreement is for real estate salesmen who primarily engage in referring potential clients to the loan broker. It outlines the terms of compensation for each successful referral made. 5. Termination Agreement: This type of agreement governs the procedure for terminating the contractual relationship between the real estate salesman and the loan broker. It includes details on notice periods, final compensation, and the return of any company property or confidential information. 6. Independent Contractor Agreement Addendum: This addendum could be used to include any additional terms or specific conditions that are unique to the Bronx area or to meet the specific needs of both parties involved. It allows for customization of the agreement according to the particular circumstances. In conclusion, a Bronx New York Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is an essential document that establishes the professional relationship between a real estate salesman and a loan broker. The agreement can take various forms depending on the exclusivity, commission structure, and specific requirements of the parties involved. This contract provides clarity, protection, and fair practices for all parties, ensuring a successful collaboration in the Bronx real estate market.
