The Independent Contractor Relationship

📖 2 min read

Section 1 of the Agreement defines your relationship with Scofield Group — and that definition drives almost everything else in the contract.

Independent contractor, not employee

Section 1.1 states it plainly: you are engaged as an independent contractor — not an employee, partner, or joint venturer of the Company.

You carry your own business costs

Because you are a 1099 independent contractor, you are responsible for your own business expenses. Section 1.2 lists them: state and federal taxes, insurance, licensing fees, continuing education, MLS dues, and association fees. The brokerage does not withhold taxes, does not reimburse these costs, and does not file on your behalf. Section 1.3 adds that you indemnify the Company against any liability tied to your failure to pay those expenses. Section 1.4 confirms that, as a 1099 contractor, you are not eligible to apply for unemployment benefits.

Independence is not exemption

This is the most misunderstood part of contractor status. Being 1099 means you control your own schedule, your own marketing approach, and your own business decisions. It does not mean you are exempt from broker supervision or brokerage policy. Nevada law requires the Broker of record to supervise every agent’s transactions. MLS rules, Fair Housing law, advertising regulations, and every policy in this Manual apply to you in full. An agent who says “I’m 1099, so the Broker can’t tell me how to handle a lead” has misread the Agreement.

What the brokerage provides

In return, the brokerage provides real value: broker supervision and compliance oversight, approved systems and platforms, lead access, training, and a licensed, supervised environment to run transactions in. You bring the production; the brokerage provides the infrastructure.

When policy and preference collide

You will, at some point, find a policy you would do differently. The rule is simple: the signed Agreement wins — not your personal preference, not what is faster, not what the client would rather you do. If a policy genuinely does not fit a situation, ask the Broker; do not quietly do it your own way.