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.
King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the working relationship between a real estate salesman and a real estate loan broker. This agreement establishes the terms and conditions under which the real estate salesman will operate as an independent contractor for the real estate loan broker. This agreement includes various clauses and provisions that ensure clarity and protection for both parties involved. Some key elements covered in the agreement are: 1. Identification of Parties: The agreement begins by clearly identifying the parties involved, including the full legal names and contact details of both the real estate salesman and the real estate loan broker. 2. Independent Contractor Status: The agreement highlights that the real estate salesman will operate as an independent contractor rather than an employee of the real estate loan broker. This clause helps establish the legal relationship between the two parties and clarifies the responsibilities and obligations of each. 3. Commission and Compensation: The agreement specifies the commission and compensation structure, including how and when payments will be made to the real estate salesman. Details regarding commission percentages, bonuses, and any other incentives may also be included. 4. Duration of Agreement: This section outlines the term of the agreement, stating the start date and the end date or conditions under which the agreement may be terminated. It may also include provisions for renewal or extension if applicable. 5. Duties and Responsibilities: The agreement specifies the duties and responsibilities of the real estate salesman, which typically include prospecting for clients, marketing properties, negotiating deals, and providing excellent customer service to clients. Additionally, it may outline any specific tasks or goals that need to be achieved. 6. Confidentiality and Non-Disclosure: This section establishes the importance of maintaining confidentiality regarding clients, business strategies, and other proprietary information. It includes provisions to protect sensitive and confidential information of both parties. 7. Termination Clause: This clause explains the circumstances under which either party can terminate the agreement. It may include provisions for notice periods and any potential penalties or consequences for breach of contract. Types of King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement grants the real estate salesman exclusive rights to represent the real estate loan broker in a particular area or for specific types of clients. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesman is allowed to work with other brokers or perform other real estate-related activities simultaneously. 3. Commission-Only Agreement: This agreement structure compensates the real estate salesman solely on a commission basis, with no base salary or benefits. 4. Hybrid Agreement: A hybrid agreement combines elements of both an independent contractor agreement and an employment agreement, offering the real estate salesman a mix of commission and a base salary or benefits. In summary, the King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the working relationship between a real estate salesman and a real estate loan broker. It defines the terms, responsibilities, and compensation arrangements between the parties, aiming to protect their rights and interests.King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal document that outlines the working relationship between a real estate salesman and a real estate loan broker. This agreement establishes the terms and conditions under which the real estate salesman will operate as an independent contractor for the real estate loan broker. This agreement includes various clauses and provisions that ensure clarity and protection for both parties involved. Some key elements covered in the agreement are: 1. Identification of Parties: The agreement begins by clearly identifying the parties involved, including the full legal names and contact details of both the real estate salesman and the real estate loan broker. 2. Independent Contractor Status: The agreement highlights that the real estate salesman will operate as an independent contractor rather than an employee of the real estate loan broker. This clause helps establish the legal relationship between the two parties and clarifies the responsibilities and obligations of each. 3. Commission and Compensation: The agreement specifies the commission and compensation structure, including how and when payments will be made to the real estate salesman. Details regarding commission percentages, bonuses, and any other incentives may also be included. 4. Duration of Agreement: This section outlines the term of the agreement, stating the start date and the end date or conditions under which the agreement may be terminated. It may also include provisions for renewal or extension if applicable. 5. Duties and Responsibilities: The agreement specifies the duties and responsibilities of the real estate salesman, which typically include prospecting for clients, marketing properties, negotiating deals, and providing excellent customer service to clients. Additionally, it may outline any specific tasks or goals that need to be achieved. 6. Confidentiality and Non-Disclosure: This section establishes the importance of maintaining confidentiality regarding clients, business strategies, and other proprietary information. It includes provisions to protect sensitive and confidential information of both parties. 7. Termination Clause: This clause explains the circumstances under which either party can terminate the agreement. It may include provisions for notice periods and any potential penalties or consequences for breach of contract. Types of King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Agreement: This type of agreement grants the real estate salesman exclusive rights to represent the real estate loan broker in a particular area or for specific types of clients. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the real estate salesman is allowed to work with other brokers or perform other real estate-related activities simultaneously. 3. Commission-Only Agreement: This agreement structure compensates the real estate salesman solely on a commission basis, with no base salary or benefits. 4. Hybrid Agreement: A hybrid agreement combines elements of both an independent contractor agreement and an employment agreement, offering the real estate salesman a mix of commission and a base salary or benefits. In summary, the King Washington Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that establishes the working relationship between a real estate salesman and a real estate loan broker. It defines the terms, responsibilities, and compensation arrangements between the parties, aiming to protect their rights and interests.
