Section 303 – Sale agents or associate broker — Affiliated with principal broker as independent contractors or employees — Presumption.

• (1)
  • (a) A sales agent or associate broker may be affiliated with a principal broker either as an independent contractor or as an employee.
  • (b) The relationship between sales agent or associate broker and principal broker is presumed to be an independent contractor relationship unless there is clear and convincing evidence that the relationship was intended by the parties to be an employer employee relationship.

• (2) The presumption of an independent contractor relationship extends to all of the duties and services that the sales agent or associate broker performs, including the preparation and receipt of payment for a broker price opinion.

Amended by Chapter 262, 2015 General Session