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.
Harris Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that establishes the working relationship between a real estate salesperson and a loan broker in the state of Texas. This agreement outlines the rights and responsibilities of both parties involved, ensuring a transparent and fair business arrangement. Keywords: Harris Texas, real estate salesman, independent contractor agreement, real estate loan broker, legal document, working relationship, rights and responsibilities, transparent, fair business arrangement. Types of Harris Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Standard Independent Contractor Agreement: This agreement defines the basic terms and conditions of the independent contractor relationship between the real estate salesman and the loan broker. It includes essential clauses addressing compensation structure, obligations, confidentiality, termination, etc. 2. Exclusive Sales Agreement: In this type of agreement, the real estate salesman exclusively represents the loan broker and is prohibited from working with or soliciting clients on behalf of any other competitor. This ensures a committed and focused approach to sales efforts. 3. Non-Exclusive Sales Agreement: Unlike the exclusive agreement, the non-exclusive sales agreement permits the real estate salesman to work with multiple loan brokers or even other real estate professionals simultaneously. This type of agreement offers more flexibility and allows the salesman to explore different collaborations. 4. Commission-Only Agreement: This agreement specifies that the real estate salesman's compensation will solely consist of a commission based on the successful completion of real estate transactions. The commission structure, payment terms, and other related details are outlined in this type of agreement. 5. Partnership Agreement: While not strictly an independent contractor agreement, a partnership agreement may be used when the real estate salesman and the loan broker opt for a joint venture. In this scenario, the agreement outlines the terms of their partnership, including profit-sharing, decision-making processes, and liabilities. 6. Agreement with Exclusive Territory: This agreement grants the real estate salesman exclusive rights to work within a specific geographic territory, restricting other real estate salespeople or loan brokers from operating within that area. By ensuring exclusive access to potential clients, this type of agreement can provide a competitive advantage. Remember, it is crucial to consult with a legal professional who is well-versed in Texas real estate laws and regulations to draft or review any specific agreement tailored to your unique business needs.Harris Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that establishes the working relationship between a real estate salesperson and a loan broker in the state of Texas. This agreement outlines the rights and responsibilities of both parties involved, ensuring a transparent and fair business arrangement. Keywords: Harris Texas, real estate salesman, independent contractor agreement, real estate loan broker, legal document, working relationship, rights and responsibilities, transparent, fair business arrangement. Types of Harris Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Standard Independent Contractor Agreement: This agreement defines the basic terms and conditions of the independent contractor relationship between the real estate salesman and the loan broker. It includes essential clauses addressing compensation structure, obligations, confidentiality, termination, etc. 2. Exclusive Sales Agreement: In this type of agreement, the real estate salesman exclusively represents the loan broker and is prohibited from working with or soliciting clients on behalf of any other competitor. This ensures a committed and focused approach to sales efforts. 3. Non-Exclusive Sales Agreement: Unlike the exclusive agreement, the non-exclusive sales agreement permits the real estate salesman to work with multiple loan brokers or even other real estate professionals simultaneously. This type of agreement offers more flexibility and allows the salesman to explore different collaborations. 4. Commission-Only Agreement: This agreement specifies that the real estate salesman's compensation will solely consist of a commission based on the successful completion of real estate transactions. The commission structure, payment terms, and other related details are outlined in this type of agreement. 5. Partnership Agreement: While not strictly an independent contractor agreement, a partnership agreement may be used when the real estate salesman and the loan broker opt for a joint venture. In this scenario, the agreement outlines the terms of their partnership, including profit-sharing, decision-making processes, and liabilities. 6. Agreement with Exclusive Territory: This agreement grants the real estate salesman exclusive rights to work within a specific geographic territory, restricting other real estate salespeople or loan brokers from operating within that area. By ensuring exclusive access to potential clients, this type of agreement can provide a competitive advantage. Remember, it is crucial to consult with a legal professional who is well-versed in Texas real estate laws and regulations to draft or review any specific agreement tailored to your unique business needs.
