The Real Estate Independent Contractor Revolution

When it comes to real estate, the term “employee” and “independent contractor” are often used interchangeably. However, there are big differences between the two that should be considered before making a decision. In this blog post, we will outline the key benefits of being an employee or independent contractor in real estate and help you decide which one is right for you. We will also provide tips on how to identify if you are an employee or independent contractor, as well as the tax filing requirements and responsibilities of each category. Finally, we will provide a list of resources to help you get started on your real estate career as an independent contractor or employee.

What Are the Differences Between an Employee and an Independent Contractor?

Employees and independent contractors both work for an employer. Legally, the main distinction between the two is the level of control the business has over the individual worker. Employers must comply with minimum wage, overtime, working hours and recordkeeping standards for employees. Conversely, real estate agents are generally accepted as independent contractors in the United States, though some states do allow employers to opt out of having workers’ compensation.

Scholars have found that employees receive more direction and accountability from their employers, while independent contractors have more autonomy and responsibility for their own work. So if you’re a real estate agent, you may be considered an employee or an independent contractor. However, it’s important to remember that there’s no set definition of either title; it all depends on the circumstances of your job.

The key benefits of being an employee

As an employee, you enjoy a number of key benefits, such as health insurance and retirement plans. Additionally, employees are protected by labor laws, which can provide them with the protections they need to work safely and lawfully. The disadvantage of being an employee is that employees typically do not have the flexibility to pursue other opportunities and are only allowed to work for one company at a time. On the other hand, as an independent contractor, you have the freedom to work for multiple companies without losing your intellectual property or rights. This can lead to greater business opportunities and a more diverse work experience. As such, it is often beneficial for businesses to hire independent contractors over employees, especially if they want to focus on specific projects or tasks and minimize costs.

The key benefits of being an independent contractor

As an independent contractor, you are your own boss and set your own work schedule. You can work from home or from the office as desired. You also have the freedom to arrange meetings or appointments around your personal needs. There is minimal investment from real estate agents in taking on inexperienced agents, which can save both parties time and money. However, there are legal issues to consider when forming an independent contractor relationship. For instance, it’s important to comply with U.S. labor laws in regards to the contract relationship.

What Are the Benefits of Working as an Independent Contractor?

As an independent contractor, you have control over when, where, and how you perform your work. This can give you the freedom to choose the job that suits you best, which is why many people opt for this type of employment.

However, there are some limitations to consider when working as an independent contractor. For example, you won’t be provided with employee benefits such as insurance or paid vacation days. In addition, you may not be eligible for a flat-rate payment per field event or other bonuses.

As a self-employed individual, you’d be treated as a business for tax purposes and would have to file your own tax returns. If this sounds like your preferred option, it’s worth considering the benefits and challenges associated with the role.

What Are the Benefits of Working as an Employee?

There are many benefits of working as an employee, such as receiving a salary and benefits, health insurance, paid vacation days, retirement savings plans and more. Employees also have the security of knowing that they will be with one company for the duration of their career.

  • An employee’s income tax is calculated by the Human resources department.
  • Other benefits of working as an employee are health, life, dental, vision, disability, and accidental death insurance. These are provided by the employer, depending on the terms of employment.
  • Vacation, holiday, and sick pay are additional benefits of working as an employee.
  • Working as an employee may offer a 401k plan or a pension program. These plans provide tax deductions and financial security when retirement occurs. However, there may be less control over the working hours and tax deductions are limited.
  • As a result of an employee-employer relationship, there is a legal relationship between the two parties. This makes it easier to enforce agreements regarding wages, hours of work and other conditions of employment.

There are many reasons why someone might prefer to work as an employee over as an independent contractor. But the benefits offered by each type of relationship vary considerably between organizations and industries.

How to Choose Between Being an Employee or Independent Contractor in Real Estate?

When it comes to real estate agents, the role of independent contractor vs employee is a common debate. While both work for an agency and get paid, independent contractors have more freedom to set their own business hours, schedule, and client base. They also have control over how much they earn and how they spend their income.

On the other hand, employees are provided benefits such as insurance and paid vacation that are not available to independent contractors. What’s more? Employees do not have the option to work part-time or as flexible hours as independent contractors.

That said, it’s important to understand the differences between the two roles so that you can determine which role is best for you.

Understanding the Difference Between Employees and Independent Contractors

When it comes to real estate, there is a clear difference between employees and independent contractors. Employees are generally considered to be people who work for businesses under the control of a management team. They are typically subject to more control from the business than independent contractors. On the other hand, real estate agents are generally accepted as independent contractors by the real estate industry. However, the supervision of a real estate agent’s work by a brokerage requires an independent contractor to have significant input into the agent’s business. In most cases, real estate agents receive greater benefits than independent contractors such as guaranteed rates and commissions. This is because employers must comply with minimum wage, overtime, and other standards of employment for employees. Furthermore, the level of control the business has over an individual worker is the main distinction between employees and independent contractors.

How a Real Estate Independent Contractor Works

As an independent contractor, a real estate agent is not considered an employee. This means the agent is responsible for their own work schedule and accounting.

This is why real estate independent contractors are referred to as agents. Real estate agents are self-employed for tax purposes, similar to that of independent contractors.

It’s important to note that real estate agent independent contractors have different job functions than their employees. Most real estate agent independent contractors have experience in real estate investing and education/training/coaching sales. To establish a relationship between a real estate company and an independent contractor, a real estate agent independent contractor agreement should be signed.

What Is a Real Estate Independent Contractor?

A real estate independent contractor is a salesperson who works under a written agreement with the hiring company or person. In this instance, the real estate agent is not provided with employee benefits and is subject to the business’s profit-and-loss cycle.


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The real estate agent is usually responsible for the commission of the sale and expenses associated with the transaction. This includes real estate commissions, real estate closing costs, advertising fees, and stamp taxes. They are also required to wear a uniform and carry business cards.

Real estate appraisers can qualify for statutory independent contractor status as well. Statutory ICs are salespeople who are certified by professional organizations and whose work requires specialized knowledge in real estate appraisal.

They typically work on a commission basis and have limited control over when, where, and how they perform the services. As an independent contractor, real estate agents must arrange their own insurance, tax identification number (TIN), bank accounts, and other business expenses.

Tax Filing Requirements for Independent Contractors

Real estate agents and appraisers may be eligible for special tax protections as “staturof independent contractors.” To qualify, Agents and Appraisers must be licensed, paid on a commission basis, and have a written contract exempting them from being treated as an employee. Generally, workers are considered independent contractors if the employer has little to no control over the worker’s hours, location, and manner in’ in which the work is performed.

To determine if a worker is an independent contractor, companies can use IRS Form SS-8. This form outlines several factors that may help determine whether a worker is an independent contractor or an employee. These factors include the level of supervision, the amount of discretion given to the worker, and the financial risks borne by the company.

All independent contractors must pay taxes from their own income, similar to other independent contractors. Additionally, employers must report any wages directly paid to workers as income on their tax returns.

How to Become an Independent Contractor

As an independent real estate agent, you must hold a real estate license and have a written contract with the client outlining the terms of the relationship. You must also be treated as a non-employee for tax purposes. This means that you are responsible for filing yourself as a business owner and reporting your income and expenses on your personal tax returns.

As an independent contractor, you control when, where, and how you perform real estate services. You are not offered the benefits of an employee such as insurance or paid vacation time. However, this does not mean you don’t receive compensation for your work. In most cases, real estate agents get paid by commission—a fixed percentage of the sale price of the house—for every home they sell.

When determining whether to become an independent contractor or an employee, consider factors such as the amount of control and autonomy you have over your work and the financial responsibility involved with being an independent contractor.

Identify Your Skills and Experience

As an independent contractor, you have the capability to control the work you do and the rate of pay you receive. However, it is important to be aware of the additional obligations that come with being an independent contractor rather than an employee. For example, as an independent contractor, you must understand the immediate experience requirements for real estate acquisition sales reps; ensure that you have the necessary tools and equipment necessary to provide the services; and identify your skills and experience relevant to real estate acquisition sales.

Consider identifying your skills and experience relevant to real estate acquisition sales as part of your application process.

It is also vital to understand the legal obligations of an independent contractor relationship in order to protect yourself from potential legal issues or misunderstandings.

Determine Your Target Market

The real estate independent contractor license allows real estate agents to be classified as independent contractors instead of employees. This license is essential for real estate agents who wish to avoid paying employee expenses such as taxes and benefits. However, the license must be obtained from the IRS in a timely manner and must meet certain requirements set forth by the agency. In addition, real estate contract documents should stipulate that the agent will not be treated as an employee for tax purposes. In order to ensure that the agent is properly compensated for their services, substantially all of their compensation should come from performing real estate agent duties, rather than the number of hours worked. Furthermore, agents who work for real estate brokerage firms should be aware of the liabilities they assume by engaging in real estate agent work.

Research Local Regulations and Licensing Requirements

If you are looking to become a real estate agent’s independent contractor, you must first obtain a license to do so. Some real estate jobs provide a salary in addition to commission, while others may only offer a commission-only salary. To be classified as a statutory independent contractor, the agent or appraiser must have control over the work that is being performed and the scope of work being done. The license requirements vary by state, but typically include proof of address, education/training/counseling experience, and other professional certifications.

Possible experience in real estate investing and real estate sales is preferred for some real estate agent roles. In addition to obtaining licensing requirements from your agency, it’s vital that you research local regulations and licensing requirements before starting any new job.

Set Your Rates and Terms

To become an independent contractor for real estate, you must have control over when, where, and how you provide services. This can be challenging in real estate agent jobs; as such, it’s crucial to establish a written contract with the real estate company describing your responsibilities and the fee arrangements. In addition to this, a real estate agent independent contractor agreement should be established with the real estate company. This will outline the terms of your contract and how you will be compensated. Additionally, real estate appraisers may qualify for statutory independent contractor status. These individuals may be classified as independent contractors by the real estate company without being liable for W-2 or other tax withholding.

Create a Professional Website and Portfolio

An independent contractor website and portfolio are key tools to showcase your real estate agent services and skills. You must ensure that your website clearly states all terms and conditions of a written agreement or contract with the company or person hiring you. This includes the scope of work, payment structure, and any required deliverables. It’s also important to provide customer testimonials and reviews of successful real estate transactions. Additionally, you can advertise your services and qualifications on your site to potential clients. By creating a professional website and portfolio, you can effectively promote yourself as an experienced real estate agent.

Build Your Network

If you’re looking to identify and work with real estate agents, there are many resources available to help you get started. First and foremost, your broker can provide you with leads and information that can help you find a real estate agent who fits your needs. You can also establish relationships with other real estate agents to increase your chances of getting leads. When searching for real estate agents online, use social media platforms such as Facebook and Twitter to promote your services and reach potential clients. Consider joining professional organizations such as the American Association of Realtors or the National Association of Realtors to gain access to networking opportunities and other resources.

Advertise Your Services

To be an independent contractor for real estate purposes, you must understand the definition and requirements for such a designation. You must create a written contract with your client that details the terms of the agreement, including that you will not be treated as an employee for tax purposes. This contract needs to clearly specify the services that you will provide and the compensation you will receive. Additionally, it is essential to carefully document all work performed as proof of your performance. When advertising your real estate services, use traditional methods such as print media, online, and through word-of-mouth. As with any business, it is critical to be aware of any state laws regarding independent contractors in real estate.

Use Professional Invoicing and Accounting Software

Professional invoicing and accounting software can help independent contractors better manage their business finances and operations. It allows independent contractors to track their income and expenses, minimize losses, and maximize profits. Such software provides independent contractors with the tools to stay organized and compliant with tax rules and regulations. Additionally, it helps independent contractors calculate taxes, deductions, and other important financial considerations.

Professional invoicing and accounting software can help independent contractors to optimize their business operations by providing them with real-time data on their finances. This software allows independent contractors to stay compliant with tax regulations while maximizing profits. Overall, professional invoicing and accounting software is essential for businesses that operate in a freelance or contract-based work environment.

Monitor Your Progress and Adapt as Needed

To become a real estate independent contractor, you must have a thorough understanding of the laws and regulations of this profession. To ensure compliance, you must obtain the necessary licenses and certifications required to operate as an independent contractor in real estate. After completing the necessary training, you must research and understand the IRS guidelines applicable to real estate independent contractors. It is also beneficial to consider salary plus commission or commission-only roles when making a decision about whether to become an independent contractor. When researching and understanding real estate independent contracting, it’s important to use resources such as real estate agents who can help with input and advice on this career path.


Choosing between being an employee or independent contractor in real estate can be a daunting task. But with the right planning, the decision can be made easier. In this blog post, we will guide you through the essential considerations you need to take into account when making this choice. We will also highlight some of the key benefits and drawbacks of both employment and independent contractor status, and provide tips on how to choose which is the best route for you. If you are an employee looking for advice on transitioning to independent contractor status, or an independent contractor looking for advice on becoming an employee, read on!

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