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the real estate agent independent contractor agreement sets out the details for an agency or real estate company to hire a real estate agent or a salesperson as an independent contractor a real estate agent is an independent contractor if the Commission as a salesperson or the majority of the agents compensation comes from or is derived from the company on the basis of sales and there is a written contract providing that the individual will not be treated as an employee under the control of the agency or real estate company a real estate agent independent contractor agreement will generally detail the amount of compensation or Commission for the real estate agent the amount of expenses split between the parties the language needed to determine the status of the real estate agent as an independent contractor fines and fees office support that will be provided to the agent such as office space and equipment and the ways to terminate the employment relationship