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.
San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal contract between an independent real estate salesman/agent and a real estate loan broker in San Antonio, Texas. This agreement outlines the terms and conditions under which the real estate salesman operates as an independent contractor for the broker, facilitating the sale and purchase of real estate properties, while also discussing the loan brokerage services provided. In this agreement, the independent contractor's role is primarily to act as a salesperson, demonstrating properties to potential buyers, negotiating deals, and facilitating the closing process. The real estate loan broker assists in securing financing for the buyers, connecting them with lenders, and ensuring the loan process is smooth. Keywords: — San Antonio Texas: This agreement is specific to the real estate market and practices in the city of San Antonio, Texas. — Real estate salesman: Refers to an individual engaged in selling and marketing real estate properties to potential buyers. — Independent contractor: Highlights the relationship between the salesman and the broker, emphasizing that the salesman operates as an independent, self-employed contractor rather than an employee of the broker. — Real estate loan broker: Represents an individual or entity who arranges loans for real estate transactions, connecting buyers with the appropriate lenders and facilitating the loan application process. Different types of San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker include variations specific to roles, compensation structures, or commitments. Some possible types may include: 1. Commission-based agreement: Outlines the commission structure, payment terms, and responsibilities of both parties regarding property sales and loan brokerage services. 2. Non-exclusive agreement: Allows the salesman to work with multiple brokers simultaneously and engage in other real estate-related activities while representing the broker in certain transactions. 3. Exclusive agreement: Requires the salesman to exclusively work with the specified broker and prohibits them from working with other brokers simultaneously. 4. Term-based agreement: Specifies the duration of the contract, including start and end dates, termination clauses, and renewal options. 5. Lead generation agreement: Focuses on the salesman's responsibility to generate leads and prospects for the broker, discussing compensation arrangements based on successful lead conversions. 6. Training and development agreement: Outlines the broker's commitment to providing training, resources, and support to enhance the salesman's skills and knowledge. It's important to note that the specific types of San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may vary depending on the preferences and requirements of the parties involved. It is recommended to consult with legal professionals or utilize standardized templates to ensure all necessary clauses and provisions are included in the agreement.San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legal contract between an independent real estate salesman/agent and a real estate loan broker in San Antonio, Texas. This agreement outlines the terms and conditions under which the real estate salesman operates as an independent contractor for the broker, facilitating the sale and purchase of real estate properties, while also discussing the loan brokerage services provided. In this agreement, the independent contractor's role is primarily to act as a salesperson, demonstrating properties to potential buyers, negotiating deals, and facilitating the closing process. The real estate loan broker assists in securing financing for the buyers, connecting them with lenders, and ensuring the loan process is smooth. Keywords: — San Antonio Texas: This agreement is specific to the real estate market and practices in the city of San Antonio, Texas. — Real estate salesman: Refers to an individual engaged in selling and marketing real estate properties to potential buyers. — Independent contractor: Highlights the relationship between the salesman and the broker, emphasizing that the salesman operates as an independent, self-employed contractor rather than an employee of the broker. — Real estate loan broker: Represents an individual or entity who arranges loans for real estate transactions, connecting buyers with the appropriate lenders and facilitating the loan application process. Different types of San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker include variations specific to roles, compensation structures, or commitments. Some possible types may include: 1. Commission-based agreement: Outlines the commission structure, payment terms, and responsibilities of both parties regarding property sales and loan brokerage services. 2. Non-exclusive agreement: Allows the salesman to work with multiple brokers simultaneously and engage in other real estate-related activities while representing the broker in certain transactions. 3. Exclusive agreement: Requires the salesman to exclusively work with the specified broker and prohibits them from working with other brokers simultaneously. 4. Term-based agreement: Specifies the duration of the contract, including start and end dates, termination clauses, and renewal options. 5. Lead generation agreement: Focuses on the salesman's responsibility to generate leads and prospects for the broker, discussing compensation arrangements based on successful lead conversions. 6. Training and development agreement: Outlines the broker's commitment to providing training, resources, and support to enhance the salesman's skills and knowledge. It's important to note that the specific types of San Antonio Texas Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may vary depending on the preferences and requirements of the parties involved. It is recommended to consult with legal professionals or utilize standardized templates to ensure all necessary clauses and provisions are included in the agreement.
