EstatePass
ContractsEASYFREE

A real estate salesperson employed as an independent contractor:

2:38
0 views

Question & Answer

Review the question and all answer choices

A

passes no liability for their actions on to their employing broker.

Correct Answer
B

does not need to be supervised by the broker.

This is incorrect because California Business and Professions Code §10177(h) explicitly requires brokers to supervise the activities of their salespersons, regardless of whether those salespersons are classified as employees or independent contractors; failure to supervise is itself grounds for license discipline.

C

needs to pay income taxes and social security taxes.

This is actually the opposite of the truth for independent contractors — a salesperson classified as an independent contractor is responsible for paying their own self-employment taxes (covering both the employee and employer portions of Social Security and Medicare taxes), but this is a characteristic of independent contractor status, not a unique burden; it does not make this answer correct in the context of what defines the broker-salesperson relationship.

D

is not eligible for workers’ compensation insurance coverage.

While it is generally true that independent contractors are not covered by workers' compensation insurance in the same way employees are, California law and the specific terms of broker-salesperson agreements can vary; more importantly, this option is not the most legally significant or accurate description of the independent contractor relationship in real estate, and the question is testing the liability principle, not workers' comp eligibility.

Why is this correct?

Option A correctly identifies that the employing broker retains liability for the real estate activities of their salesperson, even when that salesperson is classified as an independent contractor. Under California Business and Professions Code §10177 and the principle of broker supervision, the broker is legally responsible for supervising all salesperson activities conducted under the broker's license, and the independent contractor label does not shield the broker from this liability. The California Department of Real Estate (DRE) has consistently held that the independent contractor designation affects tax and employment benefit treatment, not the broker's supervisory responsibility or legal accountability.

Ready to Ace Your Real Estate Exam?

Access 2,000+ free video lessons covering all 11 exam topics.