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 Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document outlining the terms and conditions of the relationship between a real estate salesperson and a loan broker in Maricopa, Arizona. This agreement establishes the working arrangement between the parties, ensuring clarity and protecting the rights and obligations of both the real estate salesperson and the loan broker. Keywords: Maricopa Arizona, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker Types of Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Cooperation Agreement: This type of agreement stipulates that the real estate salesperson will solely work with the designated real estate loan broker, establishing an exclusive working relationship between both parties. It outlines the obligations, rights, and responsibilities of the salesperson and broker, ensuring a focused collaboration in serving clients. 2. Non-Exclusive Cooperation Agreement: A non-exclusive cooperation agreement allows the real estate salesperson to work with multiple loan brokers simultaneously. This agreement defines the terms of the working relationship while giving the salesperson the freedom to collaborate with various brokers as per their discretion. 3. Commission Agreement: This type of agreement specifically focuses on the commission structure and payment terms between the real estate salesperson and the loan broker. It outlines the percentage or amount of commission the salesperson will receive for each successful real estate transaction that involves a loan facilitated by the broker. 4. Independent Contractor Agreement: An independent contractor agreement specifies the terms and conditions of the working relationship between the real estate salesperson and the loan broker, clearly establishing the salesperson as an independent contractor rather than an employee. This agreement highlights the salesperson's independence, responsibilities, and compensation structure, ensuring compliance with state laws and regulations. 5. Marketing and Advertising Agreement: This agreement focuses on the marketing and advertising efforts between the real estate salesperson and the loan broker. It outlines the strategies, platforms, and costs associated with promoting the loan broker's services and the salesperson's real estate listings, ensuring effective collaboration in driving sales and generating leads. In summary, a Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a crucial legal document that establishes the working relationship and protects the rights and obligations of both parties involved. The agreement is essential for clarity, transparency, and ensuring a mutually beneficial collaboration in the real estate industry.A Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legal document outlining the terms and conditions of the relationship between a real estate salesperson and a loan broker in Maricopa, Arizona. This agreement establishes the working arrangement between the parties, ensuring clarity and protecting the rights and obligations of both the real estate salesperson and the loan broker. Keywords: Maricopa Arizona, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker Types of Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker: 1. Exclusive Cooperation Agreement: This type of agreement stipulates that the real estate salesperson will solely work with the designated real estate loan broker, establishing an exclusive working relationship between both parties. It outlines the obligations, rights, and responsibilities of the salesperson and broker, ensuring a focused collaboration in serving clients. 2. Non-Exclusive Cooperation Agreement: A non-exclusive cooperation agreement allows the real estate salesperson to work with multiple loan brokers simultaneously. This agreement defines the terms of the working relationship while giving the salesperson the freedom to collaborate with various brokers as per their discretion. 3. Commission Agreement: This type of agreement specifically focuses on the commission structure and payment terms between the real estate salesperson and the loan broker. It outlines the percentage or amount of commission the salesperson will receive for each successful real estate transaction that involves a loan facilitated by the broker. 4. Independent Contractor Agreement: An independent contractor agreement specifies the terms and conditions of the working relationship between the real estate salesperson and the loan broker, clearly establishing the salesperson as an independent contractor rather than an employee. This agreement highlights the salesperson's independence, responsibilities, and compensation structure, ensuring compliance with state laws and regulations. 5. Marketing and Advertising Agreement: This agreement focuses on the marketing and advertising efforts between the real estate salesperson and the loan broker. It outlines the strategies, platforms, and costs associated with promoting the loan broker's services and the salesperson's real estate listings, ensuring effective collaboration in driving sales and generating leads. In summary, a Maricopa Arizona Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a crucial legal document that establishes the working relationship and protects the rights and obligations of both parties involved. The agreement is essential for clarity, transparency, and ensuring a mutually beneficial collaboration in the real estate industry.
