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 Fulton Georgia Real Estate Salesman Independent Contractor Agreement is a legally binding document that outlines the terms and conditions of the working relationship between a real estate salesperson and a real estate loan broker in Fulton, Georgia. This agreement establishes the rights and responsibilities of both the salesperson and the loan broker, ensuring a clear understanding of their professional obligations and the commission structure. Keywords: Fulton Georgia, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. There are different types of Fulton Georgia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, which may include: 1. Standard Independent Contractor Agreement: This type of agreement lays out the general terms and conditions of the independent contractor relationship between the real estate salesperson and the loan broker. It covers the commission structure, responsibilities, and any specific requirements set by the loan broker. 2. Exclusive Sales Agreement: In this type of agreement, the real estate salesperson agrees to work exclusively with one specific real estate loan broker. This means that they will only represent and promote the loan broker's services in Fulton, Georgia, and will not work with competing brokers or lenders. 3. Non-Exclusive Sales Agreement: This agreement allows the real estate salesperson to work with multiple real estate loan brokers simultaneously. They are not bound exclusively to one broker and can represent different brokers as per their clients' requirements. 4. Commission Split Agreement: A commission split agreement specifies how the salesperson's commissions will be divided between themselves and the loan broker. Typically, this agreement outlines the percentage that each party will receive, based on factors such as the salesperson's performance, the broker's services, and any related costs. 5. Referral Agreement: This type of agreement is applicable when a real estate salesperson refers clients to a real estate loan broker for financing needs. The agreement states the terms and conditions under which the loan broker will compensate the salesperson for their successful referrals. In summary, Fulton Georgia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers are essential legal contracts that define the professional relationship between salespersons and loan brokers. Variations of these agreements include standard independent contractor agreements, exclusive sales agreements, non-exclusive sales agreements, commission split agreements, and referral agreements.A Fulton Georgia Real Estate Salesman Independent Contractor Agreement is a legally binding document that outlines the terms and conditions of the working relationship between a real estate salesperson and a real estate loan broker in Fulton, Georgia. This agreement establishes the rights and responsibilities of both the salesperson and the loan broker, ensuring a clear understanding of their professional obligations and the commission structure. Keywords: Fulton Georgia, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker. There are different types of Fulton Georgia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, which may include: 1. Standard Independent Contractor Agreement: This type of agreement lays out the general terms and conditions of the independent contractor relationship between the real estate salesperson and the loan broker. It covers the commission structure, responsibilities, and any specific requirements set by the loan broker. 2. Exclusive Sales Agreement: In this type of agreement, the real estate salesperson agrees to work exclusively with one specific real estate loan broker. This means that they will only represent and promote the loan broker's services in Fulton, Georgia, and will not work with competing brokers or lenders. 3. Non-Exclusive Sales Agreement: This agreement allows the real estate salesperson to work with multiple real estate loan brokers simultaneously. They are not bound exclusively to one broker and can represent different brokers as per their clients' requirements. 4. Commission Split Agreement: A commission split agreement specifies how the salesperson's commissions will be divided between themselves and the loan broker. Typically, this agreement outlines the percentage that each party will receive, based on factors such as the salesperson's performance, the broker's services, and any related costs. 5. Referral Agreement: This type of agreement is applicable when a real estate salesperson refers clients to a real estate loan broker for financing needs. The agreement states the terms and conditions under which the loan broker will compensate the salesperson for their successful referrals. In summary, Fulton Georgia Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers are essential legal contracts that define the professional relationship between salespersons and loan brokers. Variations of these agreements include standard independent contractor agreements, exclusive sales agreements, non-exclusive sales agreements, commission split agreements, and referral agreements.
