Can unlicensed personal assistants be classified as independent contractors if they receive commission?

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In the context of real estate, unlicensed personal assistants typically cannot receive commission-based payments because such compensation structures are generally restricted to licensed individuals. Commissions in real estate are typically perceived as a type of remuneration that requires a real estate license because they relate directly to activities that are considered part of the practice of real estate, such as negotiating sales or facilitating transactions.

Unlicensed personal assistants may assist with a variety of tasks, but their engagement in commission-based work would cross the legal boundaries set by real estate regulations. These laws are put in place to ensure that only those who have completed the requisite education and licensing requirements are allowed to engage in activities that could impact real estate transactions financially.

While licensed personnel can work as independent contractors and earn commissions, unlicensed personal assistants must operate under different rules, which usually allow for salary or hourly payment structures but not commission-based compensation. Thus, classifying unlicensed personal assistants as independent contractors while allowing them to earn commissions is not compliant with real estate regulations.

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