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How Much Independence Do You Have As An Independent Contractor?

By
Real Estate Agent with Transaction Alliance 513.520.5305 www.LizTour.com SAL.2002007747

How Much Independence Do You Have As An Independent Contractor?Independent Contractor

Per all the legal requirements, as REALTORS® we're independent contractors.  Our behavior is bound by the applicable state and local laws, by our Code of Ethics, but beyond that, how independently can you operate?  Do you get to scope out and set your own course?

One of the appeals for us within this business is our ability to succeed (or fail) based upon our skills and our choices.  We get to be entrepreneurs in the purest sense, we set our budget, our advertising plans, our training, all the key elements that determine how we operate our business.

We get to be "stupid" however we want!  We can even advertise on pharmacy bags and grocery carts if we choose :) 

Whether we choose to "donate" some of our commission to keep a deal moving...that's our call. 

Where to advertise, our call. 

Basically, as long as we keep our monthly brokerage bills current, we've got total freedom to run our business as we see fit.  We're obviously not going to do things that are not in the best interests of our business or our clients.

On the other hand, some brokerages take the "independent" out of our job titles.  Since we've never worked at said brokerages, it's heresy hearsay for us that agents are so limited.

But we've heard that for instance their listings may only be advertised in approved outlets. 

We've experienced firsthand agents that can't make a contribution to keep a deal together. 

We've also heard cases of agents use of social media being restricted?  You telling me I can't blog??  Now you've really crossed the line!!!

So the question is, just how Independent are you as an agent?

Keep on blogging,
Liz and Bill aka BLiz

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Serving Warren County Ohio & Adjacent Areas

The Liz Spear Team of Transaction Alliance
Elizabeth Spear, ABR, Ohio License SAL.2002007747

William (Bill) Spear, Ohio License SAL.2004011109  Kentucky 77938
Ask for us by name if you visit the office!

EHO
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Liz Direct: 513-265-3004     
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Comments(86)

Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Cynthia, And we can certainly see the advantage of that!

Dec 28, 2010 02:40 AM
Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Liz and Bill: Wow, wow, wow.... you made some simple comments - thought provoking comments... nothing wrong... and yet look at the response! I do not know how anyone could think ill of you for what you wrote.... you were trying to get agents to write and boy were you successful in that.... I feel badly for you - as you didn't write anything wrong...  As to my comment.... when I left my last company.. true to my agreement, I did not inform the sellers that I was changing brokerages since the listings belonged to my company and not me (therefore no independence there whereas some agents have their sellers cancel the listings... but I followed the rules), anything in contract was lost to me and given to another agent as a gift..... and so I see your points.... We all are aware of our company's restrictons, and desires - that goes without saying... you were not saying otherwise... just commenting on the term 'independent contractor.' An agent in my office hasn't had a deal in a long while and he was wondering if he could receive unemplyment but of course he can't as he has a contract with a company.... Anyway, have a GREAT New Years! Gay

Dec 28, 2010 02:40 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Gay, It's all good!  There were a few more bees in the hive than expected, but we were wearing a bee suit :)  Everything is civil, and for the most part that has ALWAYS been true for us in the Rain!

We've only left one brokerage, pretty amicable for the most part (they still ask us to come back), our sellers all asked to follow when aware that we were leaving..no solicitation, but obviously the first comment when you tell them you're leaving is that they want to go with you.  The broker facilitated that move with no issues.

Happy New Year to you too!

Dec 28, 2010 02:45 AM
Dana Wilkinson
Connect Realty, The Woodlands, TX - The Woodlands, TX
Broker-Your TX agent for The Woodlands-Spring-Conr

Regardless of COE and state rules, some agents just function better in a very controlled environment, while others feel like they are in a straightjacket in that same atmosphere.  There are generally enough options for everyone to find a fit.  I think it is more what feels comfortable to a given personality, rather than picking one side or the other on this issue.  It is always interesting to read the various comments when the subject is brokerage control and contractor independence!

Dec 28, 2010 02:50 AM
Gay E. Rosen
Julia B. Fee Sotheby's International Realty - Larchmont, NY
As Real as Real Estate Gets!

Hi - From  everything you write, I know you do everything right.... you were just writing a post for responses!... Best, Gay

Dec 28, 2010 02:52 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Dana, There's a model out there for everyone.  We've found our fit. :)

Gay, Just throwing a topic out there for discussion, so we get a feature, Lenn got a feature, and I like Charita's post this morning too!

Dec 28, 2010 02:53 AM
Brent Wells
The LivingWell Team - Prosper, TX
Dallas - Fort Worth

Hi guys,

We love being with RE/MAX, they allow us to sink or swim as we see fit. There are certain rules and policies, but the burden is light. I can attest to having done a vehicle wrap, shopping carts, flyers, door hangers, and just about every other crazy marketing scheme you can imagine. Live and learn, grow and evolve...

-Brent

Dec 28, 2010 04:03 AM
Bill Gillhespy
16 Sunview Blvd - Fort Myers Beach, FL
Fort Myers Beach Realtor, Fort Myers Beach Agent - Homes & Condos
Hi Bliz, Most agents like the independence that goes with being in this business. That said, I guess the restrictions I've seen are aimed at protecting a positive image of the brokerage. Hope your 2011 is the best ever !
Dec 28, 2010 04:55 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

BLiz, I have to agree whole heartedly with Cynthia!   There is a reason I own my own company, and have not taken on other agents.   There are many areas of concern in today's market, including blogging, that get a little out of control, and there are already too many things to keep track of.       Keeping abreast of local and state laws is enough!     There are several of us independent Realtors that will begin a monthly meeting, as these are very beneficial to stay on top of all regulations, and stay out of trouble!

Dec 28, 2010 05:12 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Brent, Our similar thing was an advertising kiosk in the wine section of our local grocery store.  A total waste of dollars, but it sounded good :)  Lesson learned, won't do it again.  Go straight to where the consumers are that might actually be interested in real estate services, we know that now!

Bill, Agreed.  The difference of opinion is what is rational.  Restrictive to me might be just right for someone else.  Just another reason for so many styles and models.  Hope your 2011 is fantastic too!  2010 was our best yet, and that's pre-blogging, so really hopeful that blogging will ultimately start adding to our bottom line.

Joan, That independent REALTOR meeting sounds like a fantastic idea, sort of a mini-Active Rain!  I'm curious how the brokerages will ultimately manage social media.  I'm thinking most are still catching on to the concept, much less how to effectively monitor.

Dec 28, 2010 06:38 AM
Robert Jarvis
Keller Williams, Chicago, IL - Chicago, IL
MBA

Too many comments to read all, but my two cents are "we are as independant as we want to be or need to be".  Select your brokerage as you see fit for your own personal needs... then stick to your guns!  Thanks for the reminder that we are actually in control regardless of how much control we turn over. 

Dec 28, 2010 01:08 PM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Robert, This one did generate some larger comments than typical!  I'd agree, there's a fit for almost everyone out there if you look for the right model/broker, with the caveat that the legal/ethical requirements are always being met.

Dec 28, 2010 02:48 PM
Woody Edwards
First Choice Realty, Inc - Chesterfield, VA
A Realtor® Who Answers His Phone!

Liz & Bill,

Great post for getting everybody to thinking.....especially here at the turn of the New Year (hope everybody has a SAFE and joyous New Year).  With 16+ years, and several brokerages, including managing 2 companies, it seems (hear me out) that the higher your monthly fee to the brokerage, the more independence you have.

Now, I am not picking on any company!  But brokers in offices where you pay $1,000/month, don't care what you do, as long as it is legal, ethical, and don't make the company look bad!  When a company has a 50/50 split, they think they can tell everybody where to sit or stand! As always, there are exceptions to everything!

It seems most of the Realtors in these 50/50 companies tend to be newer agents, whereas Re/Max tends to have more experienced, higher producing agents.  Now, as I said, I am not picking on anybody!  Just remember, not everybody fits into any one mold.  You need to be where you feel the most comfortable. 

Dec 29, 2010 07:17 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Woody, We think you might be on to something!  It's the 50/50 companies in our locale that seem to have tighter bounds on the agents than brokerages like ours.  And like you said, there's variety everywhere!

Dec 29, 2010 09:39 AM
Anonymous
Peter Michelbach

Liz and Bill,

as a ex RE/MAX trooper, I enjoyed the culture, vision and mission...thanks for a great post...by our actions we create and build independence, affinity, intuition...by adhering to code of ethics, policies, procedures we ensure a high level of balanced outcomes....and yes, there are always new unforseen encounters...to be mastered...on a company and personal, economical and spiritual level...as shared by so many....Best for 2011! Peter - Perth WA

Dec 29, 2010 01:37 PM
#81
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Peter, One of the wonders of real estate, ALWAYS something new to learn and master, experts to call, relationships to be fostered!  Happy New Year to you and best wishes for 2011! 

Dec 29, 2010 02:08 PM
DEBORAH STONE
Balboa Real Estate San Diego, CA - San Diego, CA

My Brokers are both Real Estate Attorneys and they have never asked me about my blog or my social media involvement. That I consider over the line! If they allow me to be part of their brokerage firm and I know the office rules and regualtions as stated in my contract, there is a little thing called trust. If I were micro-managed as an IC I woud find another Broker.

Dec 31, 2010 09:17 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Deborah, There's definitely a line between prudent risk reduction and micromanagment.  I hate to be micromanaged, and it probably would lead me to seek a new home unless all the other working conditions really overwhelmed that one negative.

Dec 31, 2010 04:59 PM
Robert Courtney
Lihue, HI
Century 21 All Islands, RA, CDPE, MCRE, CIAS

I am independent within the policy of CENTURY 21.  I chose them and interviewed with them based on my research.  I accept what I do may have legal ramifications.  When I step into an area that is not well defined I ask and get input.  Love my career and the freedom it brings.

Jan 02, 2011 04:25 AM
Liz and Bill Spear
Transaction Alliance 513.520.5305 www.LizTour.com - Mason, OH
Transaction Alliance Cincinnati & Dayton suburbs

Bob, Looks like we operate under similar circumstances.

Jan 02, 2011 04:59 AM