Real Estate Agents Act 2008

Licensing - Effect of licences and status of licensees

51: Employment status of salesperson

You could also call this:

"What kind of job you have with a real estate agent"

Illustration for Real Estate Agents Act 2008

You can be employed by a real estate agent as an employee or work as an independent contractor. If you have a written agreement with the agent, it is final if it clearly states your relationship is as an independent contractor. The agent is still responsible for what you do, even if you are an independent contractor, just like they would be if you were an employee.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1152025.


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Part 3Licensing
Effect of licences and status of licensees

51Employment status of salesperson

  1. A salesperson may be employed by an agent as an employee or may be engaged by an agent as an independent contractor.

  2. Any written agreement between an agent and a salesperson is conclusive so far as it expressly states that the relationship between the agent and the salesperson is that of employer and independent contractor.

  3. An agent who engages a salesperson as an independent contractor is liable for the acts and omissions of the salesperson in the same manner, and to the same extent, as if the agent had employed the salesperson as an employee.