In my brokerage, any side business one of the agents has is his/her own business and never do I expect money to flow through the brokerage for this. The agent should have this business registered with the state corporate division and have its own bookkeeping system.

That's up to broker as to how that is handled. I had a broker that wanted a % of $45 BPOs. 

NO.  

No.

Side business must not be acting like an agent in any form. Pictures is OK, staging is OK.

I think on Pinterest they call it side hustle.

My thought - She would pay you directly. The brokerage pays commission from real estate deals - nothing else.

It may be related but I don't see it as an activity that would require a real estate license,   I imagine the answer might vary depending on your state and your broker.   

I would assume your IC agreement clearly states that you are being engaged for real estate sales. The side business is YOUR business.

I think that depends on the brokerage

That is not brokerage type business so it would not have to go through my broker. 

No it would be a separate LLC if I as the broker was doing something else. If an agent had a side busienss it would have nothing to do with my brokerage.

I would think it would go to you but that would probably be a question for a tax attorney or real estate attorney.

I would think ones contract with your broker would state that. As a broker I allow my agents to work side jobs as long as it does not interfere with their duties of an agent and if one cleans or takes pictures, that is their money. 

I am only obligated to pay my broker for real estate transactions.  If I have a business that is separate and apart, I would not be obligated to pay my brokerage anything.  However, I don't think I would sell my services as a photogrpaher, a stager, etc., to my clients as it could be construed as a conflict of interest and is only inviting potential problems.

The money earned that doesn't require a real estate license does not belong to the brokerage.

Only if I am doing work for which a license is required. If you are under a broker, you should discuss these side incomes. Your broker might not like the idea that you do photography for another brokerage and make their listings look good. But by law, you don't need a real estate license to take photos so this income would not need to go through the broker. At least in California and Hawaii.

No -- separate businesses, but you would probably have to disclose your affiliation?

I would say direct to you..if the activity doesn't require a real estate license then it should go direct to you!

It depends on your agreement with your broker. I have never had any restrictions.

I have my agents disclose to the company any related side jobs and they dont' have to funnel the monies through the company. 

Depends how you signed the contract. For most brokerages, you are able to keep the whole pay, for their E & O only covers the sale transactions. Best that you check with your broker.

I think it will depend on the broker. In the past I had a broker that wanted a portion of BPO money earned. I can see where taking real estate pictures and getting paid for it might be considered along the same lines. My current broker wouldn't consider taking any extra money I earned for taking pictures, or doing BPOs. 

Jeff Pearl - the relationship with the broker is only related to real estate - unless other agreements are in place.

It would go to you directly, since it's not a licensed activity that your broker would 1) need to know about or 2) be entitled to a percentage of.

no.... I had a few things going on decades ago....those were separate businesses and I did not do them at the office...

Its a fair question...How it gets to me is not as important as the getting part

Absolutely not - if it did I would not stay with that broker

I don't think you would have to go through your broker for this.  Though, I assume laws and contracts could be different in some states and agencies.

If it does not require a real estate license, it is all yours unless you have some restrictive clauses in your Independent Contractor agreement. If you do look for a new sponsoring broker!

I can only speak for Texas law.  While those activities may be real estate related one does not need a license to perform those function therefore they can be paid directly for those services.

Handyman work, photography and staging cater to the real estate industry but they are not real estate services in themselves and therefore would not have to go through the brokerage. 

Check with your broker,

Directly to you.  It doesn't require a real estate license.

I would guess it depends on how your side business is legally organized. The payment is not a commission related to a home sale or purchase so my initial guess is it goes to you. 

No.

It depends on your contract with your company!

I surely hope broker look at real estate transaction as his source of income. 

I know one agent was doing virtual tour for other agents including bulk from same office. The office manager asked why he was not doing RE sales.  After lunch he told the manager he got a better commission next door and he can develop his hobby into cash as agreed. 

It's a separate business and has nothing to do with you buying or selling real estate.

To Jeff Pearl (or your photography business).  I believe I would create an LLC though - just to differentiate the business for tax purposes.

ask a lawyer

I personally don't do BPO's but another agent in our office did.  She had to pay the broker a percentage.

If it has nothing to do with a sale, I  would say No.

Best to talk to your broker and understand their take on it rather than asking us.  Let the broker know and I bet they won't want any of it.

I have spoken to several brokers around here, they would get nothing from our forestry business or our rentals, just on what is listed and sold through them..

The check should be payable to you. You don't need to have a broker to be a photographer or a home stager etc. However, having said that, it's probably a good idea to run it by your broker so everyone is on the same page.

I do not believe it would have to be. 

I own my own, but would think a side business is one's own business.

That is separate income from your real estate sales efforts.

You need to check your agreement with your broker.  

I do not think so.