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Choosing the Legal Form for Your Real Estate Business

August 21 2016

mileiq choosing legal forms

Most real estate agents are independent contractors—self-employed business owners who are affiliated with a licensed real estate broker in their state. As such, they are running independent businesses, even though they must work under a licensed broker's supervision. This post will help guide real estate agents and brokers on how to choose the correct real estate legal forms.

Of course, real estate brokers are also running businesses—they usually own a real estate brokerage firm, either themselves or with other brokers, for which one or more agents work. Every business has a legal form. If you're working as a broker or agent right now, you are almost certainly involved in one of the following types of business entities:

  • sole proprietorship
  • partnership
  • corporation, or
  • limited liability company (LLC).

The sole proprietorship and partnership are the "default" entities— they come into existence automatically unless a business's owners take the steps necessary to form one of the other entities.

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