Yes, real estate agents remain independent contractors in the 2019 legislation report from the Sacramento Association of Realtors. This is important to the many who want to remain as a business owner and not an employee of a brokerage. Below is a partial excerpt from SAR, Sacramento Association Of Realtors, report.
This new law follows the Dynamex ruling and puts the ABC test that came out of that case into state law by classifying several types of independent contractors as employees. AB 5 allows real estate agents to be treated as independent contractors under the Business & Professions Code section § 10032 as long as they meet three conditions, 1) hold a real estate license; 2) substantially all of their remunerations is directly related to sales or other output rather than to the number of hours worked, and 3) the parties have a written contract stating that the individual will not be treated as an employee with respect to those services.
Do experienced Realtors write incomplete offers? That is a great question. The Real Estate purchase agreement, RPA in California is a detailed contract. There are classes at the real estate board and workbook for dummies type books on it. It takes a desire to learn what each sentence and paragraph means. It is an important document as Realtors we do three things:
- List real estate
- Sell property
- Realtors use Listing Agreements and Purchase Agreements
- Realtors can do property management; however, many brokerages do not allow Realtors to do Property Management without adequate training.
- Tenant disputes are one of the most significant issues with DRE, the Department of Real Estate.
- Incomplete offers are more common than you might think.
Our team takes a large number of listings each year. the offers arrive without dates, without the agency confirmation filled out, appropriate boxes are not checked or the incorrect boxes are checked. Newer agents who write lots of offers sometimes have more experience writing offers. An agent who has 10 years on the job but only writes 10 offers a year, may not have as much experience as an agent with 5 years of experience who writes 40 offers per year. Do experienced Realtors write incomplete offers? Yes.