Reply by Les_CO on 2/2/07 8:30pm
Msg #173849
This not the first year I've been in business. I (or my company, I'm a Sub-S Corp.) am an independent contractor. My company, and I, have filed tax returns stating this in past. My company has a tax ID number. (easy to get) If one is going to be "In Business" they should do it right.
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Reply by Lisa Prestegard on 2/2/07 9:35pm
Msg #173864
Hi Jim 
As a Real Estate Broker, self employed, I am an contractor... especially when I am hired for purposes of investment analysis or to render Broker Price Opinions. I have no interest in the transaction at hand, and am being paid regardless of the outcome, and the outcome is based on data and opinion.
But, as a Real Estate Broker, I am an Agent. I perform in the best interest of the person that contracted me. I have a fiduciary responsibility to that person. In this case, I am both a Contractor and an Agent.
Same goes in the SA arena, IMHO. I am acting as an Agent of the TC (in some, not all, cases). Agency can be implied and the agency relationship does not have to be in writing. For example, if I am asked to explain the HUD Settlement Statement beyond "point and read aloud", I have entered into an implied Agency Agreement with the TC. If the TC asks me to explain docs (and not just explain the PURPOSE of each doc), then I am an Agent.
I am always a Contractor, and sometimes I am an Agent, too
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