revised august 2016 all rights reserved mm parrish

Transcription

ASSOCIATE
POLICY
MANUAL
REVISED AUGUST 2016
ALL RIGHTS RESERVED
M.M. PARRISH REALTORS
Introduction
Every organization has certain methods of operation designed to allow the
Company to efficiently achieve its objectives. Many organizations are
structured to operate informally with minimal personnel and function
without policies and procedures.
The management of our Company believes that our clients can be best
served if we set out in writing our philosophy of doing business, our
Company policies which will mirror that philosophy, and the procedures to
be used in carrying out those policies.
Because we are dedicated to providing our clients with the best service, and
because we know that our employees and Sales Associates will need
guidelines and direction, we have prepared this document, our Associate
Policy Manual, for your reference.
We have attempted to provide detailed guidelines in this manual, but there
will be times when matters must be determined by management decision,
guided by the philosophies of fairness, integrity and effective
communication.
We hope you will find this document useful, and refer to it often. We will
add to it and change it when appropriate.
Please take a moment to read the following Mission statement and
Goals/Objectives before you read the rest of the Manual.
Associate Policy Manual
Introduction
Mission Statement
To be the trusted source of innovative real estate solutions by maintaining a
culture of success marked by unparalleled professionalism, hard work, a
positive work environment, and a dedication to being the number one real
estate firm in Alachua and surrounding counties.
Our Goals
To always serve our clients and customers with honesty and integrity.
To encourage personal and professional growth by offering effective
incentives that inspire us to become better professionals and people.
To lead Alachua and surrounding counties in residential and commercial
sales volume annually.
To have 100% of our team involved in causes that support and enhance the
quality of life in our community.
To earn the Coldwell Banker President’s Award of Honor Designation every
year – recognizing the top 10% of all Coldwell Banker franchises in the US
and Canada.
Image Objectives
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
Do what’s right (ethical)
Honest
Persistent
Encouraging
Profitable
Growing
Positive
Knowledgeable
Happy
Professional
Creative
Flexible
Mission Statement
7515 West University Ave., Suite 201
Gainesville, FL 32607
J. Parrish
WELCOME
[email protected]
Dear Business Partner:
We are pleased to welcome you to our Company. We believe that strong
interpersonal relations are extremely important to the success of each individual
and to the success of the Company. In order to help facilitate a happy and
productive work environment, we have tried to anticipate questions on important
issues and include answers to those questions in this manual.
This Policy Manual is not intended to state all the conditions or principles
applicable to the performance of your work. It does, however, provide information
on certain benefits and policies currently in effect. These policies may be modified
or supplemented as part of our continuous effort to improve our operations.
Founded in 1911, Coldwell Banker M.M. Parrish Realtors has earned a reputation
as the premier real estate service provider in Alachua County. Our professional
sales associates and employees help differentiate us from our competitors. Their
commitment to education, professionalism and customer-focused service is
fundamental to our rich history of success and to our unique ability to retain lifelong customers.
We look to the future with confidence. We hope your affiliation with us facilitates
personal and professional growth and happiness for you.
Sincerely,
J. Parrish
CEO, Broker
Welcome Letter
TABLE OF CONTENTS
SECTION A
GENERAL POLICIES
A-1.
A-2.
A-3.
A-4.
A-5.
A-6.
A-7.
A-8.
A-9
A-10.
A-11.
A-12.
A-13.
A-14.
A-15.
A-16.
Non-Discrimination
Harassment Policy and Complaint Procedure
Employees / Sales Associates Defined
Office Hours and Holidays
Dress Code, Personal Appearance, Public Image
Confidentiality
Ethics
Building Security
Parking
Address and Telephone Number Changes
Expenditures Obligating CBMMP Realtors
Insurance on Personal Effects
Telephone Use
Personal Use of Supplies, Computers & Equipment
Smoking
Drug-Free Workplace
SECTION B
PAGES
1-8
PAGES
9 - 38
GUIDELINES
B-1. Independent Contractor Status
B-2. Group Insurance
B-3
Affiliation Agreement
B-4. Board of Realtors, MLS Membership, Licensure
B-5. Continuing Education
B-6. Non-Supervision: Company Services
B-6.a Office Space – Criteria for Qualification and Assignment
B-6.b Home-Office Sales Associate – Bonus and Qualifying Criteria
B-7. Independent Contractor: Taxes, FICA, Workman’s Comp
B-8. Recruiting Program
B-9. Training and Education
B-10. Sales Associate’s Expenses
B-11. Sales Associate Employees (Licensed)
B-12. Advanced Funds
B-13. Utility Turn on Procedure
B-14. GACAR, NAR, FAR Rules & Regulations
B-15. Obligations to the Customer
B-16. Affiliated Business Disclosure
B-17. “DO-NOT-CALL” Compliance Policy
B-18. Unsolicited Commercial Email Messages – Spam Laws
TOC - 1
B-19.
B-20.
B-21.
B-22.
B-23.
B-24.
B-25.
B-26.
B-27.
B-28
B-29.
B-30.
B-31.
B-32.
B-33.
B-34.
B-35.
B-36.
B-37.
B-38.
B-39.
B-40.
B-41.
B-42.
B-43.
B-44.
B-45.
B-46.
B-47.
B-48.
B-49.
B-50.
B-51.
B-52.
B-53.
B-54.
B-55.
B-56.
B-57.
B-58.
B-59.
B-60.
B-61.
B-62.
B-63.
B-64.
Ethics/Unfair Advantage
Showing Properties
Safety
Listings: Acceptability
Listings: Term & Rate
Listings: Changes & Cancellations
Listings: Termination of Associate
Listings: Processing
Contract Preparation
Offers
Complete File & Disclosures
Binder & Commission Processing and Disbursement
Professional Real Estate Fee
Buyer Request for Representation
Another Broker Acting as Buyer’s Broker
Buyer Protection
Inventory Knowledge
Sales Meetings & Tours
Office Records
Competence
Commercial Brokerage
General Activity
Conflicts Between CBMMP Sales Associates
Action Against the Company and Associate
Commission Suits
Floor Time & Floor Calls
Personal Referrals
Open House
Signs, Lock Boxes & Keys
Check-In & Check-out – Vacation Coverage
Sales Associate’s Personal Property Transactions
Relocation Department
Top Producer Benefit Program (TPBP)
Personal Best
Vice President Status
Senior Vice President Status
Termination
Commission
Commission: Deferred
Commission: Sharing
Commission: After Termination
Referral Fees
Coldwell Banker Fees
Expenditures: Unusual
Document Destruction
Use of Personal Vehicle
TOC - 2
SECTION C
MARKETING & ADVERTISING POLICIES
C-1.
C-2.
Marketing & Advertising Policies
Marketing Dept. Services Available for Associates
SECTION D
COMPUTER USE AND IT SUPPORT
D-1.
D-2.
D-3.
D-4.
D-5.
D-6.
D-7.
D-8.
D-9.
D-10.
PAGES
38 - 39
PAGES
40 - 43
Approval and Support
Purpose
Prohibited Communications
Personal Use
Access to Associate Communications
Software
Security / Appropriate Use
Participation in Online Forums
Violations
Unsolicited Commercial Emails / Spam Laws
APPENDIX
A - Independent Contractor Agreement
B - Commission Structure
- 2014 Best of 2 Plan
C - Acknowledgment of Receipt of Policy Manual
D - Recruiting Program
E - Referral/Relocation Department Policies & Procedures
F - Home-Office Sales Associate – bonus and qualifying criteria
G - Marketing Program (AAMP)
H - Code of Ethics
I - MLS Rules & Regulations
44 - 47
48 - 49
50
51
52 - 56
57
58
TOC - 3
SECTION A
General Policies
A-1.
Non-Discrimination
NO EMPLOYEE OR SALES ASSOCIATE AFFILIATED WITH COLDWELL
BANKER
M.M.
PARRISH
REALTORS
(“COMPANY”)
SHALL
DISCRIMINATE IN THE CONDUCT OF COMPANY BUSINESS AGAINST
ANY OTHER PERSON FOR ANY REASON.
The Fair Housing Act as passed in 1968 prohibits discrimination based on race, color,
religion, sex or national origin. The Fair Housing Act of 1988 extended protection to
families with children and the disabled.
The Voluntary Affirmative Marketing Agreement (VAMA) is designed to assist
REALTORS in the delivery of equal professional service and fair housing to all prospects
and clients. The goal, to provide fair housing for all, is embodied in Article 10 of the
NAR Code of Ethics and is the foundation upon which Coldwell Banker M.M. Parrish
Realtors conducts its brokerage business including the listing of properties to market, the
solicitation of qualified buyers and the recruitment of qualified Sales Associates and
Employees.
The spirit of the VAMA agreement coupled with the Golden Rule shall dictate our
conduct as we strive to serve the public and provide equal housing opportunity to all our
customers and clients.
The Company's policy is to provide equal employment opportunity to all qualified
employees and applicants for employment regardless of race, color, sex, age, religion,
national origin, marital status, disability, veteran status, sexual orientation or other
protected activity or status. The Company's intent and desire is that equal opportunities
will be provided in employment, recruitment, selection, compensation, benefits,
promotion, demotion, lay-offs, termination and all other terms and conditions of
employment.
A-2.
Harassment Policy & Complaint Procedure
STATEMENT OF POLICY
Coldwell Banker M. M. Parrish Realtors is committed to maintaining a work
environment in which all individuals are treated with respect and dignity. Each
individual has the right to work in an atmosphere that promotes equal opportunities and
prohibits discriminatory practices, including sexual and other forms of unlawful
harassment. Therefore, the Company expects that all relationships among our employees
and other contacts be respectful and free of bias, prejudice and harassment. In keeping
with this commitment, the Company maintains a strict policy prohibiting harassment of
our employees and our clients and prospects based on race, color, sex, religion, national
origin, age, disability, marital status, sexual orientation or other protected activity or
status.
Associate Policy Manual - 1
SEXUAL HARASSMENT
Sexual harassment constitutes discrimination and is illegal under federal, state and local
laws.1 For the purposes of this policy, sexual harassment is defined in the Equal
Employment Opportunity Commission’s Guidelines as unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of sexual nature when,
for example: (1) submission to such conduct is made either explicitly or implicitly a term
or condition of an individual’s employment; (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting such
individual; or (3) such conduct has the purpose or effect of unreasonably interfering with
an individual’s work performance or creating an intimidating, hostile or offensive
working environment.
Sexual harassment may include a range of subtle and not so subtle behaviors and may
involve individuals of the same or different gender. Depending on the circumstances,
these behaviors may include, but are not limited to the following: if they are unwelcome
to any Employee exposed to the behavior; unwanted sexual advances; subtle or overt
pressure for sexual favors; sexual jokes; innuendoes; advances or propositions; verbal
abuse of a sexual nature; graphic commentary about an individual’s body, sexual prowess
or sexual deficiencies; leering, whistling, touching, pinching, assault, coerced sexual acts,
or suggestive, insulting or obscene comments or gestures; display in the workplace of
sexually suggestive objects or pictures; and other physical, verbal, or visual conduct of a
sexual nature.
This kind of behavior is unacceptable at the workplace and in any work-related setting
outside the workplace and will not be tolerated and will result in immediate disciplinary
action, up to and including termination.
It is also essential to understand that consenting romantic and sexual relationships
between managers or supervisors in senior or supervisory positions and less-senior or
lower-level Employees, or between co-workers, may lead to unforeseen complications.
The respect and trust accorded a more senior/supervisory person by a lower-level
Employee, as well as the position of the senior person to evaluate or otherwise supervise
the lower-level person, could diminish the extent to which the lower-level Employee
feels free to choose whether or not to engage in such relationships. It is not the
Company's intention to attempt to legislate social behavior within the Company. We do
however, recognize that encouraging and developing close social relationships, including
dating, with Employees makes any supervisor's job more difficult. Because of this,
supervisors should refrain from dating and developing close social relationships with
Employees under their supervision. Furthermore, if a supervisor develops a romantic
relationship with a subordinate Employee, the supervisor should bring it to the attention
of the Company President so the Company can confirm that the relationship is
consensual.
Your rights under these laws and the time limits for pursuing your rights are detailed more fully
in our equal employment opportunity poster.
1
INDIVIDUALS COVERED UNDER THE POLICY
This policy applies to all applicants and Employees and Associates whether related to
conduct engaged in by fellow Employees, supervisors, managers, or someone not directly
connected to the Company (for example, a prospect, client, vendor, advertiser, etc.)
REPORTING AN INCIDENT / COMPLAINT PROCEDURE
The Company encourages reporting all perceived incidents of harassment, regardless of
the offender’s identity or position.
a. Notification of Appropriate Staff
The Company strongly encourages individuals who believe they are being harassed to
promptly notify the offender that his or her behavior is unwelcome. Notifying the
offender, however, is not a required first step. If, for any reason, an individual
does not wish to confront the offender directly, or such a confrontation does not
successfully end the harassment, or if the offender retaliates against the individual,
the individual should promptly notify the President or CEO of the Company.
For those in a supervisory role, you have a special duty to report harassment even if it
involves someone outside your area of responsibility. Any supervisor who becomes
aware of any harassment or has reason to believe harassment is taking place, must
immediately report it to the President or Vice President.
b. Timeliness in Reporting Harassment
The Company encourages the prompt reporting of complaints or concerns so that
rapid and constructive action can be taken. Therefore, while no fixed reporting
period has been established, early reporting and intervention has proven to be the
most effective method of resolving actual or perceived incidents of harassment.
c. Investigatory Process
Any reported allegations of harassment will be investigated thoroughly, promptly,
and impartially. The investigation may include individual interviews with the
complaining Employee, the offender involved and where necessary, with individuals
who may have observed the alleged conduct or may have relevant knowledge. The
complaint and investigation will be handled with sensitivity. Confidentiality will be
maintained throughout the investigatory process, to the extent practical and
appropriate under the circumstances.
d. Protection Against Retaliation
The Company will not tolerate retaliation against an individual for reporting
harassment or assisting in providing information relevant to a claim of sexual or any
other harassment. Retaliation is a serious violation of this policy and will be treated
with the same strict discipline as would the harassment itself. Acts of retaliation
should be reported immediately in accordance with the Complaint Procedure and will
be promptly investigated.
e. Responsive Action
Misconduct constituting harassment will be dealt with appropriately. Responsive
action may include among other choices: training, referral to counseling, disciplinary
actions such as; warnings, reprimands, withholding of a promotion or pay increase,
reassignment, temporary suspension without pay, compensation adjustments, or
termination, as the Company may believe appropriate under the circumstances.
f. Appeals Process
If the party to a complaint does not agree with this resolution, that party may file
written comments with the President or Vice-President of the Company.
g. False and Malicious Accusations
False and malicious complaints of harassment, as opposed to complaints which, even
if erroneous, are made in good faith, may be subject to appropriate disciplinary
action.
A-3.
Sales Associates Defined
A Sales Associate is a real estate licensee who is affiliated with Coldwell Banker M.M.
Parrish Realtors as an independent contractor not subject to the control and direction of
Coldwell Banker M.M. Parrish Realtors in the conduct of his or her business endeavors
and shall include REALTORS, Associates, Vice Presidents and Senior Vice Presidents.
A Sales Associate Employee is a licensed real estate Sales-Associate or BrokerAssociate who due to the nature of his/her assignment within the Company is under the
direct control of the Company as to his/her hours of operation, scope of work, methods of
work or other factors which under the guidelines of the IRS would classify this person as
an Employee instead of independent contractor. All sales associate Employees shall have
a contract which details responsibilities and outlines compensation and fringe benefits, if
any.
A-4.
Office hours & Holidays
In order that the office may operate smoothly, certain rules must be adopted. The office
is open for business seven days a week. Office hours are Monday through Friday from
9:00 AM to 5:00 PM and Saturday from 10:00 AM to 5:00 PM and Sunday from noon to
5:00 PM. ANY OFFICE MAY VARY THEIR HOURS AT THE DISCRETION OF
THE MANAGER. An employee may be hired to work other than normal office hours to
accommodate the needs of the Company in support of the sales associates.
The Company will observe the following paid holidays: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Consideration will be given to those employees who desire to observe special religious
services on days when the office is normally open.
A-5.
Dress Code, Personal Appearance, Public Image
All persons associated with Coldwell Banker M.M. Parrish Realtors will conduct their
business activities so as to enhance and promote the good will and reputation of Coldwell
Banker M.M. Parrish Realtors. They will refrain from gum chewing, smoking, eating or
drinking in the public areas of the office, and their work area must be kept neat and
orderly. Employees and sales associates should dress in a neat, clean manner to present a
professional image.
Our Company prides itself on our professional image. In keeping with this, we have
established a dress code. Associates will be expected to dress and groom themselves in
accordance with accepted professional and business standards.
Personal appearance should be a matter of concern for each associate. If the manager or
President feels your attire is out of place, you may be asked to leave the workplace until
you are properly attired. The management has the authorization to determine an
appropriate dress code. Anyone who violates this standard will be subject to appropriate
disciplinary action. In general, standard business or business casual attire is required.
A neat, tasteful appearance contributes to the positive impression you make on our
customers and the public. Associates are expected to be suitably attired and groomed
during working hours or when representing Coldwell Banker M. M. Parrish Realtors in
the community. A good clean appearance bolsters your own poise and self-confidence
and greatly enhances our Company image. When working out of the office, please
continue to observe our dress code.
A-6.
CONFIDENTIALITY
All records, files, documents, correspondence and conversations between any persons
associated with Coldwell Banker M.M. Parrish Realtors, our Employees and/or sales
associates, are considered to be confidential and no persons associated with the Company
should use them to the advantage of themselves or any other persons, firm, partnership or
corporation to the detriment of the Company or at any time afterward. Office files should
never be removed from the office except to take to closing and should be promptly
returned after closing.
It is the policy of M.M. Parrish and Associates Realtors LLC that discussions among
sales associates not directly involved in the transaction concerning individual customer
transactions are improper and should not be shared.
Sales associate acknowledges that he or she will have access to and become acquainted
with, various trade secrets, inventions, innovations, processes, information, records and
specifications owned, developed or licensed by Broker and/or used by Broker in
connection with the operation of its business. Broker may disclose this confidential
information to Sales Associate during the course of this Agreement. Any such
information that is or should be reasonably understood to be confidential or proprietary to
Broker, including mailings lists, Broker’s customer and client lists, and any databases for
Broker’s specific projects, customer and client lists, sales, costs, unpublished financial
information, product and business plans, projections, marketing data, computer data,
computer programs and supporting documentation, and the sales Associate Policy
Handbook are considered confidential property of Broker. Any contact list compiled
directly by Sales Associate and not duplicated from any of Broker’s project specific
contact databases shall remain the non-exclusive property of the Sales Associate. Sales
Associate agrees that he or she will not disclose any aspect of Broker’s business
operations or any of the aforesaid, directly or indirectly, or use any of them in any
manner, either during the term of the Sales Associate Independent Contractor’s
Agreement or at any time thereafter, except as required in the course of Sales Associate’s
engagement with Broker. All records, documents, specifications, information, letters,
notes, media lists, original artwork/creative, notebooks, and similar items relating to, used
for, or prepared for the business of Broker, whether prepared by Sales Associate or
otherwise coming into Sales Associate’s possession, shall remain the exclusive property
of Broker. Sales Associate will during the term of this agreement and thereafter, prevent
the duplication or disclosure of confidential information, other than by or to Broker’s
employees or Sales Associates who must have access to the information to perform their
duties for Broker. Sales Associate shall not retain any copies of the foregoing without
Broker’s prior written permission. Sales Associate further agrees not to disclose the
terms of the Sales Associate Independent Contractor’s Agreement to any person without
the prior written consent of Broker and shall at all times preserve the confidential nature
of the relationship with Broker and of the services performed or to be performed
hereunder.
A-7.
ETHICS
The matter of proper ethics shall govern all aspects of this business and the operation of
this Company. Failure to do so is grounds for dismissal from employment or termination
of your contract.
The Golden Rule and the REALTORS Code of Ethics, as amended from time to time by
the National Association of REALTORS, are the foundations of Coldwell Banker M.M.
Parrish Realtors conduct of its business. The Employees and sales associates are expected
to similarly adhere to both in their dealings with the public and their colleagues.
ALL EMPLOYEES AND SALES ASSOCIATES ARE EXPECTED TO CONDUCT
THEIR WORK IN ACCORDANCE WITH THE HIGHEST OF ETHICAL
STANDARDS.
ALL CUSTOMERS AND CLIENTS OF COLDWELL BANKER M.M. PARRISH
REALTORS MUST BE TREATED WITH COURTESY AND RESPECT AT ALL
TIMES.
A-8.
BUILDING SECURITY
All persons who are issued keys to the office will be responsible for their safe keeping. It
is the responsibility of the last person who leaves the office at the end of the day to be
certain that all windows and doors are securely locked, and that all appliances and lights
are turned off except for those lights normally left on for security purposes. Air
conditioning cooling controls should be set at 85 degrees. Heating controls should be set
at 60 degrees. This policy will vary from office to office in accordance with
management's evaluation of conditions present in a given location.
This Company will comply with suggested federal energy guidelines.
A-9.
PARKING
To avoid crowding of parking facilities normally used by the public, all persons
associated with the Company must park their cars in areas indicated or provided by the
Company. This policy will vary from office to office in accordance with management's
evaluation of conditions present in a given location to allow the most convenient spaces
to be available to our customers and clients. In general, parking spaces near the
entrance should be left for the use of the public.
A-10. ADDRESS & TELEPHONE NUMBER CHANGES
Since it may become necessary to contact Employees or sales associates after regular
business hours, the Company must be notified of any changes in their residential
addresses and telephone numbers. Please notify the Company of any changes in
emergency contacts as well.
A-11. EXPENDITURES
Only authorized persons may purchase supplies in the name of Coldwell Banker M.M.
Parrish Realtors. No Employee or sales associate shall incur any expense on behalf of
Coldwell Banker M.M. Parrish Realtors by any promise or commitment or representation
without prior authorization from the Chairman of the Board, President, Manager or the
Comptroller. All expenditures shall be in accordance with the adopted procedures for
pricing and purchase orders.
A-12. INSURANCE ON PERSONAL EFFECTS
The insurance covering the office does not include the loss of any employee's or sales
associate's personal effects in the office. All persons associated with Coldwell Banker
M.M. Parrish Realtors should be certain that their own insurance policy covers the loss of
anything occasionally left in the office, since the Company cannot be responsible for its
loss or damage.
A-13. TELEPHONE USE
The Company's telephone facilities must be kept clear for client calls. Personal calls in
the office must be kept to a minimum. This applies to incoming and outgoing calls. No
personal long distance calls may be charged to the office, including the incoming use of
the Company's 800 numbers.
A-14. PERSONAL USE OF SUPPLIES, COMPUTERS & EQUIPMENT
In your position you may have access to various equipment and materials belonging to
Coldwell Banker M.M. Parrish Realtors designed to make your work and services to our
clients, superior and more productive. This equipment may include computers, e-mail,
internet, voice mail, pagers, fax, photocopiers and computer software. This policy
describes the Company’s ownership of such equipment and materials, guidelines for
proper use of such equipment, and the Company’s reasonable expectation that it may
access such equipment, and any data, software, recordings, histories, or other materials,
located in or on such equipment at any time. Thus, you should not consider any material
or information you input, is sent to you, or you access in the Company’s computers, email, voice mail, pagers, or fax to be yours personally.
No employee or sales associate shall use stamps, supplies, copy machines or equipment
for personal use. These are to be used for business matters only.
The voice mail system and any voice transcriptions on this system are Company property.
Such voice mail messages may be accessed, listened to, and recorded by the Company at
any time.
Coldwell Banker M.M. Parrish Realtors purchases and licenses the use of various
computer software for business purposes and does not own the copyright to this software
or its related documentation. Unless authorized by the software developer, the Company
does not have the right to reproduce such software for use on more than one computer.
Employees may only use software on local area networks or on multiple machines
according to the software license agreement. The Company prohibits the illegal
duplication of software and its related documentation. Do not place personal software on
Company systems.
A-15. SMOKING
Coldwell Banker M. M. Parrish Realtors offices shall be smoke free workplaces. No
smoking is allowed within the Company offices or outside the entrance of the building.
Smoking during normal business hours will be in designated areas outside the building.
A-16. DRUG-FREE WORKPLACE
Coldwell Banker M.M. Parrish Realtors will not accept any risk to the safety of our
Employees, sales associates or the safety of anyone with whom we come in contact. Nor
will it allow the services provided to our clients to be compromised by the actions of
persons who use drugs illegally and/or report for work or are on the job having consumed
alcohol.
It is Coldwell Banker M.M. Parrish Realtors policy to strictly prohibit the manufacture,
distribution, dispensing, possession or use of illegal drugs, non-prescribed controlled
substances, or alcohol in our workplace, on Coldwell Banker M.M. Parrish Realtors
business or while operating a Coldwell Banker M.M. Parrish Realtors vehicle or leased
vehicle. Anyone associated with our Company who abuses drugs or alcohol creates a
risk not only to the safety, security, and health of him or herself, but to the ability of the
Company to provide quality services for our clients. Coldwell Banker M.M. Parrish
Realtors is committed to preventing drug and alcohol use in our workplace. Any illegal
drugs found on Coldwell Banker M.M. Parrish Realtors property will be turned over to
appropriate law enforcement authorities.
SECTION B
GUIDELINES
B-1.
INDEPENDENT CONTRACTOR STATUS
It is the policy of Coldwell Banker M.M. Parrish Realtors that all sales associates who
have entered into the Independent Contractor agreement affiliated with Coldwell Banker
M.M. Parrish Realtors shall be independent contractors, not employees. Whenever any
activity of Coldwell Banker M.M. Parrish Realtors or a sales associate shall operate to
classify the associate as an employee by the Internal Revenue Service, the associate's
affiliation with Coldwell Banker M.M. Parrish Realtors may be terminated.
B-2.
GROUP INSURANCE
The Company is prohibited from providing a group insurance program for Independent
Contractors. The National Association of REALTORS does have such programs
available for REALTORS. Information is available by contacting the National
Association of REALTORS.
B-3.
AFFILIATION AGREEMENT
Upon affiliation with Coldwell Banker M.M. Parrish Realtors, sales associates will enter
into a written agreement with the Company which will stipulate the terms and conditions
of the affiliation so as to identify an independent contractor relationship between them.
The purpose is not to bind the relationship, but rather to create a complete understanding
of the responsibility of each party to the other.
From time to time, the nature of our business or the desire of the parties may change, and,
as such, would require modification of the contract. Sales associates are most welcome at
any time, to express any changes they feel should be made.
B-4.
BOARD OF REALTORS, MLS MEMBERSHIP, LICENSURE
Each sales associate shall maintain an active license to sell real estate in the State of
Florida, the County of Alachua, the City of Gainesville, and/or any other governing body
as required by location, at his/her own expense. The associate also will pay his/her own
applicable membership and participation fees in: the local governing Association of
REALTORS and its Multiple Listing Service; the Florida Association of REALTORS:
and the National Association of REALTORS.
The sales associate is further responsible for maintaining documentation that shows proof
of successful completion of mandated continuing education and post licensing education
as required by the State of Florida as well as a current license certificate. The sales
associate will provide the Company with a copy of the license certificate and evidence of
completion of continuing education requirements, prior to every renewal. A sales
associate must notify management immediately if his/her license is suspended or
revoked.
B-5.
CONTINUING EDUCATION
Each sales associate shall, prior to the expiration of his current license, successfully
complete and provide the manager with a copy of a certificate of completion of
continuing education. Should for any reason the Company not have a complete copy of
your license and continuing education requirements prior to the new license period, THE
SALES ASSOCIATE SHALL CEASE OPERATING UNTIL FULL COMPLIANCE
WITH ALL REQUIREMENTS IS VERIFIED. NO EXCEPTIONS ARE PERMITTED.
B-6.
NON-SUPERVISION: COMPANY SERVICES
As independent contractors, sales associates may establish their own hours and methods
of work without control or direction by the Company.
In consideration of the percentage of sales associates' commissions retained by Coldwell
Banker M.M. Parrish Realtors, the Company may provide sales associates with desk
space in its office, telephone service, secretarial services, files, records and managerial
assistance at the discretion of the Company.
(a)
OFFICE SPACE – CRITERIA FOR QUALIFICATION AND ASSIGNMENT
Sales Associates may be awarded dedicated, shared or private office space in
Company-controlled facilities based upon the individual sales associate’s
performance and production, the length of the sales associate’s term of affiliation
with the Company, and the overall availability of office space controlled by the
Company. The opportunity to occupy a particular office or space within an office is
not a perpetual right, and may be revisited at the discretion of Management.
Assignment of all work space controlled by the Company will be at the sole
discretion of Company Management.
(b)
HOME-OFFICE SALES ASSOCIATE – BONUS AND QUALIFYING
CRITERIA
See Appendix F.
B-7.
INDEPENDENT CONTRACTOR: TAXES, FICA, WORKMAN’S COMP
Coldwell Banker M.M. Parrish Realtors will not withhold income taxes from a sales
associate's earnings nor will it withhold or match FICA (Social Security) taxes on his/her
behalf, it being the sales associate's responsibility to fulfill his own obligations in this
regard as an Independent Contractor. Coldwell Banker M.M. Parrish Realtors does not
provide Worker's Compensation or Unemployment Compensation coverage for sales
associates.
B-8.
RECRUITING PROGRAM
See Appendix D.
B-9.
TRAINING AND EDUCATION
The Company acknowledges that in order to be successful, sales associates should be
well-trained professionals. Sales associates should learn their business, become
professionals in their attitudes and work effectively with their time and talents on an
organized basis. To this end, the Company has designed an extensive sales training
course available to all sales associates. Attendance is mandatory at management’s
discretion and sales associates should recognize that completion of this program is a
prerequisite to success.
Sales associates should recognize that although they establish their own hours, a great
deal of time and dedication is required to achieve the standard of excellence expected by
the public from sales associates of this Company. When sales associates learn to work
effectively, they can be confident of achieving excellent results.
Worthwhile education programs are offered by the local Association of REALTORS, the
Florida Association of REALTORS, and the National Association of REALTORS and by
private organizations. While the Company cannot subsidize sales associate’s cost of
attending such programs, it urges sales associates to allocate a portion of their earnings
for continuing education to improve their professional competence. We live in a complex
and diversified society and our only hope of providing service excellence to our clients or
customers is through the continual learning process. The Company expects all sales
associates to remain current on the provisions of local, state, and federal regulations
regarding the sale of real estate.
B-10. SALES ASSOCIATE’S EXPENSES
The sales associate must bear all expenses necessary to the conduct of his/her business
endeavors (including the costs of MLS service), and Coldwell Banker M.M. Parrish
Realtors cannot pay or reimburse associates for this expenses.
Any expenses incurred on behalf of, or bills received that were authorized by any sales
associate, shall be paid by the sales associate within 10 days of any request, or the
Company will deduct the expense from other compensation due to the sales associate.
B-11. SALES ASSOCIATE EMPLOYEES (LICENSED)
On occasion, Coldwell Banker M.M. Parrish Realtors may employ licensed sales
associates to perform specialized tasks. All licensed employees shall have separate
employment agreements and shall be subject to the provisions of this manual pertaining
to employees. Unless specifically provided for in their employment agreement, no
benefits shall be provided by the Company to licensed sales associates who are also
employees.
A sales associate must notify management immediately if his/her license is suspended or
revoked.
B-12. ADVANCED FUNDS
No funds will be advanced by the Company for buyer's and seller's costs for appraisals,
wood destroying organism reports, inspection, utility deposits or other charges incidental
to the completion of a transaction. The sales associate agrees that the associate is
personally liable and responsible for any items or services ordered by him/her in
connection with the sale of any real estate unless the authorization of management is
obtained prior to ordering the item or service. The sales associate will indemnify the
Company in regard to any claims made upon the Company as a result of the sales
associate authorizing the expenditure. Any funds advanced and not fully repaid prior to
receipt of the commission shall be deducted from the sales associate’s portion of the
commission prior to disbursement.
B-13. UTILITY TURN-ON PROCEDURE
Occasionally it is necessary to turn on utilities in a property we have listed or have sold,
which is to be paid for by the seller or buyer. Those authorized to turn on utilities in the
Company's name are: the managers, associate support personnel or the comptroller.
associates must fill out a "Utility Turn on Request Form" prior to any authorization. The
sales associate is responsible for the collection of the expense at or prior to the closing of
the transaction. Any funds not collected by time of closing and billed to the Company
will be deducted from the sales associate's portion of the compensation paid on the
transaction.
B-14. GACAR, NAR, FAR RULES & REGULATIONS
The Gainesville-Alachua County Association of REALTORS (GACAR) and the Multiple
Listing Service (MLS) and other local boards have established rules and regulations for
the orderly and equitable operation of the Board(s). The sales associate must familiarize
himself/herself with all policies, rules, regulations and bylaws of the Board(s) and
MLS(s) to avoid infractions. All sales associates are required at all times to comply with
all rules and regulations of the local Association and its MLS(s). Management retains
sole discretion regarding the Company joining boards and/or associations of
REALTORS.
All sales associates shall become fully familiar with and comply with any and all rules,
regulations and requirements of membership including adherence to the Code of Ethics of
the National Association of REALTORS (NAR), and the Florida Association of
REALTORS (FAR).
B-15. OBLIGATIONS TO THE CUSTOMER
The sales associate's relationship to the Company is established by Florida Statute
Chapter 475. When operating in the capacity of sales associate, serving customers of the
Company, the sales associate is duty bound by the aforementioned statute to assume the
same obligations of performance as the Company might have in direct service to these
customers. This fidelity as the principal's agents or subagents should always be
maintained making no representations contrary to their best interests or
instruction. The associate shall not misrepresent any facts at any time for any
reason. While acting as agent for our client, the sales associate and the Company have
the responsibility to treat the customer with integrity, fairness and honesty and disclose
all material factors which might affect a buying decision.
Each sales associate shall be responsible for fully complying with the laws of the State of
Florida as they relate to the agency relationship established by the sales associate. All
sales associates shall indemnify and hold harmless the Company from any claims arising
from their failure to properly disclose agency. Under Florida Law when there is agency
employment, the broker and all of the broker’s sales associates owe a full fiduciary duty
to the client, whether the client is the seller or the buyer.
Each associate must obtain permission from the client to represent them as a transaction
broker. When operating as a transaction broker, no confidential information from either
party may be given to the other, and you must treat all parties with complete honesty and
disclose all material facts.
B-16. AFFILIATED BUSINESS DISCLOSURE
Coldwell Banker M.M. Parrish Realtors, its owners, employees and/or sales associates
may hold equity interest in affiliated businesses such as Mortgage Companies and Title
Insurance Companies. The Real Estate Settlement and Procedures Act (RESPA) requires
that these relationships be properly disclosed in writing to customers who are referred to
the affiliated business(es). The disclosure must occur at the time of referral, must be in
writing, and must explain that the broker, employee and/or sales associate may receive a
financial benefit from the customer’s use of the affiliated business. Failure to disclose
this information can result in steep penalties and fines. The sales associate making the
referral is responsible for proper disclosure. Disclosure forms are available at each
location.
B-17. “DO-NOT-CALL” COMPLIANCE POLICY
All Associates and Staff of Coldwell Banker M.M. Parrish Realtors are prohibited from
calling any telephone number listed on the Federal Do-Not-Call Registry in order to
solicit new business. Always reference these lists before soliciting business by
telephone.
Further, it is a violation of Federal rules and Company policy for a Realtor to block
his/her caller ID information. Violations of these rules carry heavy penalties. All
Associates, as Independent Contractors, are individually responsible for full compliance.
The Broker is not responsible for fines levied against Associates for Violations of the DoNot-Call policies.
The Company subscribes to Do-Not-Call number check in LeadRouter for area codes 386
and 352. Additionally, each Associate is able to create their own account with the
Federal Do-Not-Call Registry if he/she needs the list for other area codes. For
information regarding the Federal guidelines, or to register for additional area codes visit
www.donotcall.gov.
Any request from the public to be added to our Company’s Do-Not-Call list must be
reported to office staff immediately.
Please note that Associates may call a For Sale By Owner whose name appears on the
registry only if the call is made on behalf of a buyer client with legitimate interest in the
property being offered. Agents may not call FSBOs appearing in the registry to solicit
listings or offer services.
B-18. UNSOLICITED COMMERCIAL EMAIL MESSAGES – SPAM LAWS
In compliance with the CAN-SPAM Act of 2003, Pub. L. No. 108-187, 117 Stat. 2699
(2003) (codified at 15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037) which took effect on
January 1, 2004, the following must be considered when sending unsolicited commercial
email messages.
Email that has a primary purpose of advertising or promoting a commercial product or
service, including content on a website, is required to adhere to the following provisions:
1) “From”, “To” and routing information, including the originating domain name and
email address, must be accurate and identify the person who initiated the email.
2)
The use of deceptive subject lines and false headers is prohibited.
misleading information in the body of the message is also prohibited.
False or
3) Unsolicited email messages must provide an opt-out method. The following qualifies
as an acceptable opt-out method if it is clearly stated within the body of the email:
“OPT-OUT: If you do not wish to receive further email communication from the
sender of this message, please reply to this email with “remove” in the subject line.”
4) Unsolicited Email messages must be identified as an advertisement and include the
sender’s valid physical postal address.
Failure to comply with these Federal and State requirements could result in penalties and
fines associated with such violations. As an independent contractor, a sales associate is
responsible for the email solicitations and advertisements sent from their email account,
as well as any penalties and fines resulting from violations of these rules. For additional
information, visit www.ftc.gov/spam.
B-19. ETHICS / UNFAIR ADVANTAGE
The Golden Rule and the REALTORS Code of Ethics are the foundations of Coldwell
Banker M.M. Parrish Realtors conduct of its business and the sales associate is expected
to similarly adhere to both in his/her dealing with the public and his/her colleagues while
affiliated with Coldwell Banker M.M. Parrish Realtors. All associates are expected to
review and conform their conduct to the Code of Ethics of the National Association of
REALTORS. Failure to do so is reason for termination for cause.
B-20. SHOWING PROPERTIES
Each sales associate is fully responsible for any and all damage, vandalism, and/or theft
that may occur during or as a result of a showing of any property. Each sales associate
shall be sure to know who is in the property, where they are at all times, and assure that
they in no way disturb the private property of any seller who has listed property on the
market. Any loss that occurs shall be the sole liability of the sales associate and the sales
associate agrees to indemnify and hold harmless the Company from any and all claims
that should occur during the sales associate’s showing of any property.
B-21. SAFETY
Coldwell Banker M.M. Parrish Realtors is aware of a changing environment, which is not
always conducive to the safe conduct of the real estate business. The Company therefore
not only strives to provide a safe working environment but encourages all employees and
sales associates to be aware of their own safety. All sales associates are encouraged to
practice the following safety procedures. NEVER PUT YOURSELF OR A
CLIENT/CUSTOMER IN DANGER FOR ANY REASON. YOUR SAFETY AND
WELL-BEING ALWAYS COMES FIRST.
The best advice is to use common sense and use your own judgment. If something
or someone doesn’t “feel” right, go with that feeling. Your safety and well-being
always come first.
B-22. LISTINGS: ACCEPTABILITY
ALL LISTINGS TAKEN BY A SALES ASSOCIATE ARE TAKEN IN THE NAME
OF, AND SUBJECT TO THE APPROVAL OF, COLDWELL BANKER M.M.
PARRISH REALTORS WHICH WILL ACCEPT THE FOLLOWING TYPES OF
LISTINGS:
A.
RESIDENTIAL PROPERTY
a. Exclusive Right of Sale
Shall
be
taken
on
the
GAINESVILLE-ALACHUA
COUNTY
ASSOCIATION OF REALTORS form as from time to time may be approved by
the Board of Directors of the Association (or other Member Board as approved by
Management)
(i) WITH EXCEPTIONS - Can be taken on
following conditions:







MLS or other forms with the
All exceptions must be in writing and part of the listing agreement.
All exclusive listings with exceptions must be individually approved by
management.
All exceptions must have a time limit. (recommended not to exceed 30
days.)
The Company reserves the right, at its sole discretion, not to advertise the
property as it deems appropriate.
If it is recommended by management, that listings taken with exceptions
not be submitted to the MLS system, the seller must request this in writing
and this request must be provided to the MLS.
If a seller requests that a listing not be placed in the MLS, written
authorization must be provided to the MLS.
The Company may refuse any listing for any reason and/or may modify its
policy on acceptance of exceptions.
(ii) ANY OTHER FORM - EXCLUSIVE RIGHT OF SALE - Any listings taken
on other than the above forms must be individually approved by management.
b. Exclusive Agency
(i) Must be on the FLORIDA ASSOCIATION OF REALTORS form as from
time to time may be approved by the Board of Directors.
(ii) Cannot be submitted to the MLS system. (Company Policy)
(iii)Must be approved individually by management.
c. Listings: Disclosure of Defects
Diligent effort should be made by the listing associate to ascertain whether the
property being listed has any latent defects. The Disclosure of Defects form used
in our office shall be executed by the seller on every Company listing and on coop sales of other Broker's listings to protect the seller and the sales associate and
Coldwell Banker M.M. Parrish Realtors from litigation. The law requires
disclosure of all material factors which could affect the value and/or the
desirability of the property. If there is question as to whether something is or is
not material you should disclose it. Any effort to not disclose or omission of
disclosure shall be grounds for dismissal. This provision applies only to
residential properties.
B. COMMERCIAL PROPERTY
a. Exclusive Right of Sale (SAME AS ABOVE )
b. Exclusive Agency (SAME AS ABOVE)
c. Open Listings - The Company will accept open listings on commercial property
PROVIDED:
(i) All listings are individually approved by management
(ii) All open listings must be in writing and include:
 Date
 Term
 Price
 Compensation
(iii) No open listings can be submitted to MLS
(iv) The Company will not advertise open listings.
B-23. LISTINGS: TERM & RATE
No listing can be accepted for other than Coldwell Banker M.M. Parrish Realtors
regular commission rate unless approved in advance by management. All listings
must be accurate and complete in every detail. Coldwell Banker M.M. Parrish Realtors
cannot accept listings of such duration that advertising and marketing is not feasible,
except for short-term listings taken primarily to protect a sales associate in an individual
showing of a property. All listings must contain an ending date and every effort made to
secure listings of a six month minimum duration; any lesser time is subject to approval
and acceptance by the Company.
B-24. LISTINGS: CHANGES & CANCELLATIOINS
Changes in the original terms and conditions of listings and cancellations can be made
only with written approval of Coldwell Banker M.M. Parrish Realtors and the Customer.
B-25. LISTINGS: TERMINATION OF ASSOCIATE
Upon termination, all listings currently active and handled by the Associate remain the
property of Coldwell Banker M.M. Parrish Realtors. The sales associate shall not contact
or try to influence the clients of the Company without express consent of the Company.
B-26. LISTINGS: PROCESSING
All associates must follow current MLS Rules and regulations as well as applicable
Florida law.
B-27. CONTRACT PREPARATION
All contracts prepared by sales associates shall only be on forms that are approved by the
Company. Coldwell Banker M. M. Parrish Realtors urges each associate to take the
necessary time to prepare all contracts in a professional manner. The test of a good
contract is one which is easily understood and cannot be misunderstood. If you have any
questions or doubts as to the drafting of the contract, the associate should seek assistance
from management. All offers and counter offers shall be fully written to assure that they
fully and clearly express the entire and complete intent of all the parties.
The Company strongly encourages the use of the contract preparation manual available to
each associate by the Company in the drafting of contractual provisions. Should the
appropriate language not be available, the associate should insure that any contingencies
in the agreement, calling for an action or decision, address the who, when, what, where,
how many, how much test, along with the "cure" in the event the contingency fails.
All escrow binders shall be turned over to the Company within 24 hours of receipt
by sales associate.
There are no exceptions
B-28. OFFERS
Unless otherwise stipulated in writing by the Seller, offers will be handled in the
following manner:
When more than one offer is submitted on a listing they must all be submitted to the
owner. This is a duty imposed upon us by law.
The customer should be apprised not only of all bona fide offers but also of any rumors
of offers or indication of a potential offer.
The listing associate should inform each selling associate involved in the transaction of
any other offers.
When the listing associate has an offer on his/her listing and other offers are received or
when there is an indication that another offer is coming, the listing associate will advise
all Realtors to bring the buyer’s best offer. Assure that fairness prevails as we help the
seller deal with multiple offers.
B-29. COMPLETE FILE & DISCLOSURES
As real estate transactions become more complicated and the legal liabilities greater, it is
important that we are able to prove we have performed in a professional manner.
In order to defend any lawsuits that might arise, it is important that we document our
actions in the Company file. Accordingly there are certain minimum requirements to be
documented to complete a file and issue a commission check.
Any deviation from this policy must be approved by Management prior to any
disbursement.
A. When taking a listing (minimum requirements *):
Complete, correct and fully-executed listing contract
Transaction Data Form w/ cust. contact and relevant referral info.
Info Sheet from Property Appraiser’s website with Legal Description
Seller's Estimated Closing Costs
Disclosure of Defects completed and signed by Seller
Comparative Market Analysis
Community Disclosure (FS617.301)
Lead Based Paint Disclosure (Pre 1978)
Misc. Disclosure, Notice Recommendations
Referring Broker Information (if any)
*When listing a condominium, the following additional items are to be obtained from
the seller and delivered to the buyer per the terms of the Contract for Sale and
Purchase:
Condominium Disclosure Addendum
Current copy of the Declaration of Condominium
Articles of Incorporation of the Association
Current Bylaws
Current Rules of the Association
Question and Answer sheet
Financial (Budget) Information
B. When selling a listing - (minimum requirements)
Copy of signed Contract and Addenda
Disclosure of Defects signed by Buyer and Seller
Signed Buyer Estimated Closing Cost Sheets
Transaction Data Form w/ cust. contact and relevant referral info.
Energy Efficiency Disclosure
Lead Based Paint Disclosure (pre 1978)
Community Disclosure
Referring Broker Information (if any)
All policies and requirements contained within this manual shall apply to commercial
brokerage except, there shall be no requirement for condominium, owner’s association or
seller’s real property disclosures.
Short Sale minimum requirements
Short sale offers signed by seller and buyer must be turned in to the office within 24
hours of execution. Lender approval to be submitted when received.
A condition of having earned a commission is to have a complete file. Coldwell
Banker M.M. Parrish Realtors will not issue a commission check to a sales associate
unless all items are in the file, including, but not limited to the settlement statement
(HUD) and a fully-executed copy of the Contract for Sale and Purchase and all
associated addenda.
B-30. BINDER and COMMISSION PROCESSING and DISBURSEMENT
NOTE: ALL BINDERS MUST BE DELIVERED TO BROKER WITHIN 24
HOURS OF RECEIPT BY SALES ASSOCIATE.
If the date received is different from the date of the check, a note explaining the
difference shall be placed in the file.
A. Binders Received
The Binder (cash, check, note, money order, etc.) and one copy of the executed
contract shall be turned into the office along with the appropriate information
necessary for processing. Binders submitted prior to contract execution will be
presented in a completed Binder Envelope. Executed contract turned in within 24
hours of execution.
a. Third Party Escrow Verification Requirements:
As of Dec. 6, 2007, a rule change places responsibilities on real estate
licensees when an attorney or title company holds deposit money pursuant to
the terms of a sales contract. Here’s a review of the changes made by the
Florida Real Estate Commission to Rule 61J2-14.008, Florida Administrative
Code.
The rule’s language, set forth in Paragraph 2(b), outlines three responsibilities that
affect real estate licensees when a deposit is “placed or to be placed” with an
attorney or title company according to the terms of a sales contract.
The First Responsibility
This requires the licensee who prepares or presents the sales contract to include in
the contract the name, address and telephone number of the attorney or title
company that will serve as escrow agent. Previously, Rule 14.008 required only
the name and address of the title company or attorney to be included in the sales
contract.
The most recent versions of the FAR Residential Sale and Purchase contract, and
Vacant Land contract, as well as the latest versions of the FAR/BAR contract and
FAR/BAR “As-Is” contract include blank lines for this required information. You
can find these forms at floridarealtors.org.
The Second Responsibility
The broker of the licensee who prepares or presents the sales contract is required
to make written request to the attorney or title company, within three business
days after a deposit is due under the sales contract, seeking that entity’s written
verification of its receipt of the deposit.
Previously, Rule 14.008 stated that “the licensee shall obtain and retain written
verification of said deposit upon delivery of the funds to the title company or
attorney.” The new version of Rule 14.008 mandates that the broker make a
written request, that the written request seek written verification from the attorney
or title company of its receipt of the deposit and that it be made within three
business days after each deposit is due.
The Third Responsibility
This rule requires the broker of the licensee who prepares or presents the sales
contract to provide an additional written notification either to the seller’s broker
or, if the seller is not represented by a broker, to the seller directly.
Specifically, the rule now provides that within 10 business days from making the
written request just discussed, the broker must provide the seller’s broker, or the
seller directly if the seller is not represented by a broker, a copy of the written
verification provided by the attorney or title company.
If the broker does not receive written verification of receipt of the deposit from
the attorney or title company within 10 business days of making the request, the
rule requires that the broker provide written notice within the 10 business days to
the seller’s broker (or to the seller directly if the seller is not represented by a
broker) that the broker did not receive the verification of receipt.
As stated earlier, the requirements set forth in Paragraph 2(b) of the rule apply
when a deposit is placed or to be placed with an attorney or title company
pursuant to the terms of a sales contract.
If you have questions about the rule changes, contact FAR’s Legal Hotline,
Monday through Friday from 9 a.m. to 5 p.m. at (407) 438-1409. Please have
your real estate license number available when you call.
b. Binder Return:
Binder Return requests must be submitted on the proper form and must be
approved by all parties. A10-day wait period will apply to all local checks and a
30-day wait period for out of town checks OR written evidence from financial
institution that funds have cleared.
c. If escrow funds are transferred to an escrow agent other than that named in the
original contract, then written authorization from all parties is required
authorizing the transfer.
d.
Interest bearing deposits are rare and appropriate only under special
circumstances. Please seek management’s assistance if a customer requests to
earn interest on an escrow deposit.
B.
Binder to Closing: Verification of Amount
a. If the closing agent wants the binder at closing, at least 24 hour notice to
bookkeeping is required to assure adequate time to process the request and
physically get the check to the Associate. If the amount held by the Company
is greater than the total commission, a check for the entire escrowed amount
will be issued.
b. The Binder amount can be determined by checking the Commission
Disbursement Sheet. Call bookkeeping to verify the file is correct.
c. Interest bearing accounts require at least 48 hours notice to assure the funds
are available at closing. These are usually individual savings accounts which
must be closed out and final checks issued by the Bank.
C.
Disbursements
a. Upon closing, the commission check and an original (if available) copy of the
closing statement shall be turned in to appropriate processor at the office.
b. Staff will verify the money received is for the appropriate amount. Any
difference in the amount must be reconciled and approved by management
with a copy of the approval sent to bookkeeping. (Closing statement, Contract,
and ATR must match.)
c. In order for staff to process the disbursement, all elements of the complete file
policy must be met. If there are items missing, the disbursement shall be held
until all necessary elements are received and the Company has a “complete
File.”
d. Prior to disbursement, Bookkeeping must receive: 1) Closing statement; 2)
Check for proper amount; 3) Referral forms (if applicable)
e. Any money owed to the Company by the sales associate for expenses charged
or advances made will be deducted from the next commission and reflected on
the Associate’s check.
f. Commissions received on the last day of any given month will be credited to
the following month with the exception of the year end.
g. Associate’s gross earnings are tracked and at the end of the calendar year and
are reported to the Associate and IRS on a form 1099.
D.
Personal or Business Account Checks
Any commissions paid the Company in the form of business or personal checks
will not be disbursed until the check clears and the Company receives verification
that the funds have been deposited in our account.
If the Company receives notice of insufficient funds on a commission already
disbursed, the Associate is responsible for immediately refunding the Company
all of the commission disbursed to that Associate.
E.
Deferred Commissions
a. ALL DEFERRED COMMISSIONS MUST BE APPROVED BY
MANAGEMENT IN ADVANCE
a. All deferred commissions shall be secured by a note or note and mortgage.
Bookkeeping will hold the original note in the Company safe deposit box.
b. A copy of the note shall be placed in the file.
c. The Associate shall be responsible for collections.. Bookkeeping records the
payments and disburses the payments as appropriate.
d. Associate splits on deferred commissions are based upon the Associate’s
bracket at the time the money is received, not the split at the time of closing.
F.
Binders Returned
a. Every transaction which has an executed contract (including short sale
contracts) will require an executed release of binder form executed by all
parties and approved by a Manager prior to releasing a binder to any party.
b. All checks shall be held until the funds are cleared and deposited in our trust
account before any return can be processed. (To do otherwise can result in
disbursing money to the wrong party.) Binders cannot be returned prior to the
10-day wait period for a local check and 30-day wait period for an out of town
check OR written verification from the bank that the check has cleared.
c. In the event all parties do not agree to the disbursement of the binder, it is the
policy of the Company to comply fully with the requirements of F.S. Ch. 475
and the rules of the Florida Real Estate Commission.
B-31. PROFESSIONAL REAL ESTATE FEE
The following is a list of our current commissions for various types of property.
Improved City and Suburban Property (Residential)……………………..….…6 - 10%
*New Builder Homes....................................................................................................5%
Vacant City and Subdivision (Residential)................... .......... ...................................8%
Out of Town Property...................................................................................................8%
Acreage (2 acres or more).............................................................................................8%
Vacant City and Subdivision (Business and Commercial)……………………...6 - 10%
Improved Commercial………………………………………………………………...6%
Business Opportunities (not real estate)......................................................................10%
Minimum fee on all sides................... ...............................................................$2,000.00
*The Associate shall confer with Management prior to accepting listings from Builders
for a different amount than shown above.
Leases:
a.
b.
c.
d.
Minimum Fee, one (1) month's rent
Leases 1-5 years, 6% of the aggregate
Leases 5-10 years, 4% of the aggregate
Leases over 10 years, 2.5% of the aggregate
All fees to be paid at closing of the sale and upon the execution of a lease. Lease fees
shall be due on any renewal of the lease and paid upon renewal.
THESE FEES ARE THE MINIMUM FEES ACCEPTABLE TO THE COMPANY,
REGARDLESS OF WHO WE REPRESENT.
Negotiated Commission
If confronted with a request to reduce the commission in a transaction, an associate must
seek the approval of management.
A. The sales associate side of the fee may be adjusted by the salesperson after
consultation with a Manager, although the Company deplores and discourages any
fee-cutting.
B. In today's competitive environment, companies do not have enough excess earnings to
allow cutting of the Company-side fee.
C. The Company side of the fee can only be cut with advance informed consent of
Management. This occurs very rarely and only if Management is convinced we have
not provided what was promised and it is the only tool left to save the transaction.
D. The Company does not accept Seller listings or Buyer agency agreements for less than
our established commission rates.
B-32. BUYER REQUEST FOR REPRESENTATION
The Company encourages all sales associates to work with buyers in whatever form of
representation the buyer may desire PROVIDED that the sales associate is completely
familiar with and comfortable in complying with all legal disclosure and representation
obligations imposed by law.
Once employed to represent the buyer, the sales associate shall use the “Checklist for
buyer brokerage” and comply with the requirements as from time to time amended, AND
shall fully represent the buyer for the FULL TERM of the agreement. (REMINDER:
Client level services must ALWAYS be greater than customer level services.)
B-33. ANOTHER BROKER ACTING AS BUYER'S BROKER
Whenever another broker is representing a Buyer, they are required to notify upon FIRST
CONTACT, either you or the Seller of whom they are representing. Once you have been
notified, you should be especially careful to fully read and understand any and all
provisions of any contract or offer that may be received. The buyer’s broker has no
obligation to protect your Seller, that obligation rests solely on your shoulders, and you
may be liable for any misunderstanding that occurs. It is the policy of the Company to
offer compensation to buyer’s brokers unless the client has instructed otherwise. Should
the buyer be paying the buyer’s broker, the entire sales commission paid to the Company
by our client shall be counted as a listing commission.
B-34. BUYER PROTECTION
Protection of buyers is the hardest area for the Company to determine an absolute
policy.
Regardless of what policy the Company may publish, ultimately the only protection
that counts must come from the buyer.
Company policy cannot force a buyer to do business with someone with whom they
choose not to do business.
Guidelines to help you avoid conflicts regarding competition within the Company for
buyers are as follows:
A. If you hear of a prospect but are aware they are working with another Associate
within the Company. Obtain another prospect.
B. Whenever you think a prospect may have worked with another Associate, ask the
buyer direct questions to determine this.
C. Regardless of how minor a prior involvement may seem, give the other Associate the
opportunity of explaining the relationship.
D. At any time, feel free to seek input from management as to the correct course to
follow.
If you are concerned about the possibility of another associate becoming involved at
some point in the future, here are some do’s and don’ts that will strengthen your
position and help avoid any conflict.
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DO’s
Ask the buyers if they have worked with any other Coldwell Banker M. M. Parrish
Realtors Associate.
Qualify your buyers to better understand their needs and capabilities.
Attempt to have the buyer sign an exclusive buyer representation agreement.
Make sure you understand the Buyer’s timetable for a purchase.
Stay in touch with buyers.
DON’Ts
 If you are aware that an associate is working with a buyer, don’t solicit that Buyer’s
business.
 If an Associate has a proven source of referrals, don’t pursue that source.
 If an Associate has a history of selling properties to a prospect, don’t solicit that prospect.
 Don’t ever contact a buyer for whom the Company is an agent, unless you are assigned to
do so.
CONSIDERATION of your fellow associates is the main criteria.
Always ask yourself, How would I like to be treated if the situation were reversed?
Most of the time, you will make the right decision.
No one transaction is as important as the long term relationships between our Company’s
Associates. Do what is fair and right.
There is enough competition among competing real estate companies that we need to rely
on a higher level of cooperation and consideration within our own Company.
At all times conduct yourself in a professional, fair and honest manner, with the goal of
serving the customer, and being considerate and fair to all other Associates within our
Company.
B-35. INVENTORY KNOWLEDGE
It is important that sales associates become familiar with all properties listed with the
Company and with the current status of those properties. The associate is expected to
spend whatever time is necessary to become familiar with the current market conditions
and inventory including attending Company tours of new listings. Listing status changes
such as "sold" notices, price changes, withdrawals, etc., should be posted immediately.
Failure to communicate such market activities will often cause confusion, dissent and
may be the root of innocent misrepresentation of the facts. All changes of status must be
reported by the sales associate in accordance with Company policy and MLS rules.
Coldwell Banker M.M. Parrish Realtors operates as a multi-office firm, and therefore
communication of the above information throughout the Company is imperative to
minimize confusion and maximize service to our clients.
B-36. SALES MEETINGS & TOURS
Coldwell Banker M.M. Parrish Realtors conducts regular weekly sales meetings and
weekly listing tours for the benefit of sales associates. While attendance at such meetings
and tours is not mandatory the sales associates' ability to market real property in a
professional manner is improved if they do attend.
There will also be meetings from time to time for the purpose of disseminating non-sales
related information (e.g. changes in state real estate license laws). It is imperative that
sales associates stay abreast of these changes. The sales associate’s ability to perform in a
professionally competent manner requires spending whatever time is necessary to stay
abreast of the rules and laws affecting real estate. The sales meetings are designed to
assist in this effort.
The importance of previewing those homes that have been entrusted to us by our clients
cannot be overstated. All residential associates are encouraged to schedule their new
listings for the office tour and to also make every attempt to attend the caravan
themselves. The listing associate should be prepared to present their listings in a positive,
upbeat manner to the sales associates at our sales meeting. Our office tours new listings
on Tuesday from 9:00 a.m. till approximately 11:30 a.m. followed by a sales meeting.
B-37. OFFICE RECORDS
All office records, files and correspondence are confidential and in some cases
irreplaceable. Company equipment shall not be removed from the office. No files shall
be removed from the office without Management approval. When the sales associate’s
contract is ended for any reason, all files relating to any listing or sale in the possession of
the sales associate will be turned over to the Company immediately.
B-38. COMPETENCE
If a sales associate has a customer with a need in a specialized field of real estate such as:
land acquisition, commercial, investment, industrial or residential property, in the interest
of providing the customer with the best possible service available, they should refer
him/her to the appropriate department in the Company specializing in that field. An
appropriate referral fee should be agreed upon and put in writing at the time the referral is
made. It is important that the sales associate undertake only those assignments that
they are fully competent to complete. Any floor call received in error by either a
residential or commercial associate should be immediately placed with the
appropriate person without expectation of a referral commission.
B-39. COMMERCIAL BROKERAGE
Coldwell Banker M. M. Parrish Realtors maintains a residential brokerage division and a
commercial brokerage division. Each associate with the Company is expected to spend
full time pursuing either residential brokerage or commercial brokerage, not both.
This is not intended to prevent an occasional sale or listing of a residential property by a
commercial associate, nor prevent the occasional listing or sale of a commercial property
by a residential associate, provided the associate working outside his/her specialty
cooperates with an associate who specializes in brokerage for that particular type of
property.
Commercial and residential brokerages are very different businesses. While many of the
basics are similar- property descriptions, tax data, locations, and so forth- the actual
brokerage is quite different. Commercial lending rules vary widely, environmental
restrictions come into play, land use and zoning laws have more effect on the transaction,
and numerous types of properties appear in the marketplace, both for sale and for lease.
When considering a property as an investment rather than a user property, a real estate
professional faces an entirely new challenge in market analysis and cash flow
development and analysis. If a commercial deal fails to close, the licensee may be held
personally liable should the buyer or seller feel the licensee contributed to the failure to
close. If an associate presents him/herself as an expert (which is the standard commercial
buyer and seller demand), they must perform accordingly.
Commercial associates must demonstrate:
A. Full-time commitment to commercial Real Estate brokerage activities
B. Basic understanding of local zoning and land-use restrictions
C. Working knowledge of industry-specific vocabulary
D. Proficiency in using a financial calculator or software program for
a.
investment and cash flow analysis (including t.v.m calculations)
b.
lease and lease vs. buy analysis
c.
income approach to value analysis
d.
capitalization rate analysis
e.
other commercial/investment analysis necessary to serve the client.
E. Commitment to industry-specific education and continued learning through the
Commercial Investment Real Estate Institute, the Commercial Council of the
National Association of Realtors, and CBU offered by Coldwell Banker
Commercial.
In order to represent the client/ customer properly and professionally, Coldwell
Banker M.M. Parrish Realtors recommends that each associate, when confronted
with an opportunity outside of their immediate realm of expertise, cooperate with
another associate in the Company who may better meet the needs of that client.
While management at its sole discretion may determine how a particular property
shall be classified, commercial property is generally defined as more than four
residential units, parcels larger than 10 acres, and any property zoned for other than
residential use.
ALL FLOOR CALLS OR SIGN CALLS ON COMMERCIAL PROPERTY
SHALL BE REFERRED TO A COMMERCIAL ASSOCIATE AND ALL FLOOR
CALLS AND SIGN CALLS ON RESIDENTIAL PROPERTY SHALL BE
REFERRED TO A RESIDENTIAL ASSOCIATE (WITHOUT ANY REFERRAL
PAYMENT).
All commercial listings shall have signage displaying the phone number for the
commercial division and the Coldwell Banker Commercial logo, and shall adhere to
the identity standards required by our franchise agreement.
A separate franchise exists with Coldwell Banker for commercial properties and all
commercial operations shall be in accordance with the policy and procedure manual
requirements of Coldwell Banker Commercial. Commercial sales are reported
through the commercial franchise exclusively.
B-40. GENERAL ACTIVITY
Sales associates should develop leads on properties for sale and work with the office in
evaluating and listing property. They should assist in developing sales by preparing
property briefs, classified and direct mail advertising, etc.
Sales associates should develop and explore leads on prospective buyers, show properties
to prospective buyers and assist in contract preparation and closing. This type of activity
sometimes entails some irregular hours, evenings and weekend work. A sufficient
amount of time should be spent to insure success.
B-41. CONFLICTS BETWEEN COLDWELL BANKER M. M. PARRISH REALTORS
SALES ASSOCIATES
It is Coldwell Banker MM Parrish Realtors policy to encourage cooperation between
associates and for associates to support one another. There will be occasions when an
associate will need to depend on the services of another associate. Management
recommends and encourages that all agreements regarding the division of commission
and the further referral of customers and clients deriving from the original referral be
agreed upon in advance, reduced to writing and signed. This is essential to avoid
disagreement and misunderstanding about the duties, responsibilities and remuneration
due each party.
In the event that the associates do not reduce this agreement to writing and a
disagreement arises, it will be determined that the original referral transaction will be the
full extent of the referral due to the originally referring associate. This referral will be
calculated as 25 percent of the referred associate’s commission. Subsequent business
will belong to the associate to whom the referral was made.
A. Buyer Prospects & Seller Prospects (Customers)
Occasionally associates will become involved with an individual only to discover that
another associate of the Company has also been working with that person. What do you
do?
Follow the Golden Rule... Do unto others as you would have them do unto you.
Keep in mind at all times, “How would you like to be treated if the situation was
reversed?” This will usually help you make the right decisions.
Within Coldwell Banker M. M. Parrish Realtors we must give more consideration to an
associate affiliated with the Company than would be given to an associate with any other
Company.
Consideration and communication are the most important aspects in resolving any
conflict. You are expected to be considerate of your fellow associates and to
communicate openly with them in any conflict.
Your first attempt should be to reinforce the prior associate’s role, and to attempt to send
the client/customer back to the prior associate, if possible.
There could be times this is not reasonable or practical. Your first step MUST be to
call the other associate, explain your involvement and attempt to answer the following
questions:
1.
2.
3.
Who will work with the customer/client from this point?
Who will follow up on the details?
How will the compensation, if any be proportioned?
Follow the Golden Rule: be considerate of the other associate’s position and ask
yourself how you would like to be treated if the roles were reversed. COMMUNICATE
with your fellow associate, explaining the situation and making an honest attempt to
resolve the issue.
IF A TRANSACTION TAKES PLACE, COMPENSATION IS NOT GUARANTEED
TO EITHER ASSOCIATE. IT MAY BE DEPENDENT UPON WHETHER THE
FIRST ASSOCIATE WAS NOTIFIED AND AN ATTEMPT TO SETTLE THE ISSUE
WAS MADE.
Management should be notified at once if there is an unresolved conflict.
Do not agree to a disposition unless you are satisfied. You are expected to honor
agreements once you approve them. If after a discussion, either associate is not satisfied,
and the above procedure has been followed, Management should be consulted and
become involved in how the transaction should proceed.
The Company will attempt to resolve the conflict by communicating with the parties and
managers involved. At that point, if we are unable to reach a resolution, the entire
management team will schedule a meeting with the associates involved during which all
parties have an opportunity to present their viewpoints and involvement; ask any
questions of the other parties; and state their feelings as to the fairest solution under the
circumstances.
During the meeting, the management team will consider the following:
FACTOR#1: No predetermined rule of entitlement: each case will be heard and
decided based upon the individual facts of that case and no predetermined rule will
decide the outcome.
FACTOR#2: Communication and Contact: Abandonment and estrangement. A look
at the relationships that each party had or has with the parties and whether there could
have been factors in the transaction that led to abandonment or estrangement of the
parties.
FACTOR #3: Consideration of the entire course of events - Management will
consider all of the factors and actions taken by the parties. Some of the individual
questions and factors are as follows:
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What was the nature of the transaction giving rise to the arbitration request?
Was the property listed?
Who was the listing Associate?
What was the nature of the listing agreement?
Was the agreement in writing?
Was it in effect at the time of the dispute?
Who were the cooperating brokers?
Were any of the parties acting as principals?
Did any of the parties have a written agreement to act as agent or in some other
capacity on behalf of the client or customer?
Were the parties acting as a subagent, buyer broker or in another capacity?
Were all disclosures made that are required by the law and the Code of Ethics?
Who first introduced the ultimate purchaser to the property?
When and how was the introduction made?
Did the original introduction start an uninterrupted series of events that led to the
sale?
Was there some interruption and if so what, how and why?
Were there any actions that could have led the buyer to think he was abandoned?
Did the first party involved take some action that could have caused an
estrangement?
Was there any outside interference causing an interruption?
What were the relationships among the Associates, clients, customers and other
brokers?
What offers of cooperation and/or compensation were made?
Were the actions of the parties consistent with the offers of cooperation and/or
compensation?
Was either party aware of the other’s involvement?
How did the second Associate enter the transaction?
Was the second Associate aware of the first Associate’s involvement?
Was the second Associate involvement an intrusion into an ongoing relationship?
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Was the second Associate’s entry a result of abandonment, estrangement or at the
request of the buyer/seller?
 Did the second Associate start a second and separate series of events that lead to the
conclusion of the sale?
Is there any additional information any party wishes to submit?
B. Buyer Client
When an associate is working with a buyer and the Company is representing the buyer as
an agent, there is the same prohibition on contacting the buyer client as exists with a
seller client. Contact may only occur through the agent assigned by the Company to
represent the Buyer. Do not contact a buyer client of either another company or of a sales
associate within our Company. Any contact other than through the agent of the buyer is
an intrusion into an agency relationship and is a direct violation of the Code of Ethics.
A Buyer client is obtained only when the buyer signs an exclusive buyer
representation agreement.
SIGNING A BUYER AGENCY DISCLOSURE DOES NOT ESTABLISH A
CLIENT RELATIONSHIP THAT IS PROTECTED
B-42. ACTION AGAINST THE COMPANY AND ASSOCIATE
If any action is brought jointly or separately against Coldwell Banker M. M. Parrish
Realtors and an associate, the expenses of defending and/or settling against such action
shall be borne by each proportionate to the division of the commission in the transaction
involved in such action. If no property transaction is involved, and thus no commission
split is indicated, all costs shall be shared equally. The Company reserves the right to
settle independently in its own behalf without further obligation to the Associate, and it
recognizes the associate's equal right to do the same without further obligation to
Coldwell Banker M.M. Parrish Realtors.
If a Professional Standards, Grievance or Arbitration charge is brought jointly against
Coldwell Banker M.M. Parrish Realtors and/or a sales associate, all costs incurred in
responding to the charge, as well as all fines, costs, and awards levied by the Gainesville
Alachua County Association of REALTORS will be shared by the Company and the
sales associate in the same manner as the commission was split, unless otherwise
indicated by the Association.
If a Professional Standards, Grievance or Arbitration charge involving Coldwell Banker
M.M. Parrish Realtors and a sales associate is brought after a termination of his/her
affiliation with the Company, the expenses of responding to the charge, as well as costs,
fines and awards, will be shared in the same manner as the commission was split. In the
event there is no property transaction involved, fines and awards will be shared as the
commission would have been divided, if a transaction had occurred, unless otherwise
indicated by the Association.
By affiliating his/her license with the Company each sales associate expressly agrees
to this provision which shall survive any affiliation with the Company.
B-43. COMMISSIONS SUITS
Coldwell Banker M. M. Parrish Realtors (as provided in Florida Statute Chapter 475) will
have the sole discretion in determining whether to sue for a commission. Any such
action will be maintained in the name of Coldwell Banker M. M. Parrish Realtors. The
sales associate shall cooperate fully in prosecution of the suit. All expenses of such
litigation, win or lose, shall be shared on a pro-rata basis by the Company and sales
associate in the same proportions as commissions would be shared at the time of the
transaction.
After termination for any reason, any expenses or awards resulting from a transaction
shall be split in the same pro-rata manner as the commission was split.
B-44. FLOOR TIME & FLOOR CALLS
The Company recommends that every sales associate take a proportionate amount of
floor duty. However, floor duty should be regarded as "opportunity time". For those
sales associates who wish to avail themselves of the opportunities of floor time, and
specifically request such assignments, it shall be distributed fairly and equitably. If a
sales associate accepts a floor time responsibility and is unable to fulfill it, it is his/her
responsibility to arrange for a substitute.
Floor time shall be maintained Monday through Sunday; the time is determined by the
Manager of each office. The afternoon floor time shall be extended, at the discretion of
the scheduled floor person, beyond 5:30 p.m. until such time a said person wishes to
relinquish it, but not extending into the next scheduled person’s time.
All incoming calls and "walk-ins" requesting an associate by name shall be given to that
associate in all cases when the associate is in and available. Should the associate not be
immediately available for any reason, and the call identified as a sign call or ad call, the
call shall be referred to the associate on floor. All ad calls and sign calls which do not
identify a specific associate shall be referred to the associate on floor duty. All
residential calls and walk-ins shall be referred to a residential Associate without
payment of any referral fee, and all commercial calls and walk- ins shall be referred to
a commercial Associate without payment of any referral fees.
B-45. PERSONAL REFERRALS
Personal referrals are customers (buyers or sellers) who ask for a sales associate by name
and have been referred to them or know them personally (not sign or ad calls). In the
event a customer requests an individual associate and they are unavailable and there is an
urgency to proceed to assist the customer then the sales associate on floor shall proceed
to assist the customer with the understanding they are doing so on behalf of the sales
associate requested by the customer. Later, the two sales associates shall decide how to
proceed and determine what split if any, each shall receive.
B-46. OPEN HOUSE
For those sales associates who wish to avail themselves of the opportunities of open
house assignments and specifically request such assignments, the Company will assist in
scheduling such assignments fairly and equitably. If sales associates accept an open
house responsibility and are unable to fulfill it, it is their responsibility to arrange for
another licensed person to substitute for them. All Open Houses shall maintain a
registration log or cards and shall provide a copy to the Company after each open house.
B-47. SIGNS, LOCK BOXES & KEYS
“For Sale”, “Sold”, “Sale Pending” and “Open House” signs should be placed on
properties by the sales associate listing a property. Signs and lock boxes are the personal
responsibility of the sales associate. If a sign or key is lost because of a sales associate's
negligence he/she will reimburse the Company for its cost, including the changing of
locks, if required or other damages incurred.
Lock box keys are available to sales associates at their expense through GACAR. Sales
associates should abide by the Board procedures for obtaining and returning of lock box
keys and lock boxes and all deposits for such keys and lock boxes will be the direct
responsibility of the sales associate.
A sales associate assumes a major responsibility when he/she is in possession of the key
to a property. Therefore, before leaving any property, a sales associate using the keys
should check all doors and windows to determine that they are securely fastened or
locked, all lights turned off and the property left in the same condition as it was found. A
sales associate shall be liable for any damage or loss that occurs during the time he/she is
showing a property or as a result of his/her failing to properly secure the property or
supervise persons during the showing.
Keys taken from the office should be signed for as to date and time taken and returned.
Sales Associates using a key to enter a building should leave a card in a conspicuous
place so that the owner will know who has been there.
B-48. CHECK-IN AND CHECK-OUT - VACATION COVERAGE
For the sales associates' benefit, the Company maintains facilities for their use. If Sales
Associates utilize an electronic paging system or mobile phone, they must pay their own
costs for use of such a device. The office has the capability to set up automatic voicemail
notification upon receiving a voicemail. All Sales Associates are encouraged to make use
of this feature. When Sales Associates are unable to carry on their regular activities, they
should report this fact to management and set up appropriate coverage.
Sales Associates are encouraged to maintain good business practices and should therefore
keep their appointments on time and arrange their schedules so as not to interfere with
sales meetings, educational seminars and programs and other activities, which might
contribute to their ability to serve clients and customers.
Sales Associates should arrange vacations to fit their personal schedules. It is suggested
that they give Management advance notice. When on vacation, the Sales Associate
should appoint someone from the pool of Sales Associates to provide service to his or her
customers and advise management in writing as to the name of the substitute prior to
departure. A Sales Associate preparing to leave for vacation should fill out an Out-OfTown form and submit it to the staff and change his or her voicemail greeting and email
to notify all customers and potential customers that he or she is out of town, the dates he
or she will be gone, who is handling his or her business, how to reach this Sales
Associate and how often he or she will be checking voicemail and email. Additionally,
all Sales Associates are encouraged to have an In-House Referral Agreement (see
)
between themselves and their covering Sales Associate on file with management. In the
event two Sales Associates to not have a written agreement, any dispute evolving from
vacation coverage will revert to the Referral Schedule. (See D-1)
B-49. SALES ASSOCIATE’S PERSONAL PROPERTY TRANSACTIONS
Coldwell Banker M. M. Parrish Realtors urges the public, its employees and all sales
associates to own and invest in real estate and therefore does not object to sales associates
buying and selling real estate for their own account.
However, when operating as registered real estate brokers or sales associates we are
inviting the confidence of the public and representing that we will offer our best services
and properties to them. It is apparent that the reputation of the Company and sales
associates could be severely damaged if the public felt that all good investment
opportunities were taken by the Company or its sales associates. Hence the Company, its
employees and all sales associates should review each decision to make purchases with
caution and should be mindful that our first and foremost objective is to serve the public
and not ourselves.
In any such transaction the sales associate is required to disclose in writing on the
contract the fact that he/she is a Licensed Real Estate Sales Associate (or Broker) acting
in his/her own behalf.
Sales associates should also recognize that certain expense is incurred as a result of the
sales associate's presence in the Company's office and that expense is justified by the
Company's expectations of participating in commissions generated by sales associates. If
sales associates are buying and selling properties for their own account, the financial
integrity of the Company is obviously eroded. Therefore, sales associates will be
expected to support the Company overhead by handling all transactions with the
Company in which sales associates have an interest in the same manner as with the
public. The Company may choose to experience a loss in a transaction as a courtesy to
sales associates by foregoing the privilege of participating in a transaction. The
following is Coldwell Banker M. M. Parrish Realtors policy:
A. All sales on which an exemption applies must be approved by Management in
advance.
B. All of the above applies to listed or unlisted property.
B-50. RELOCATION DEPARTMENT
Referrals are processed through the Relocation Department or the Residential Sales
Manager. Unless, after taking into account the particular needs of a referral indicates that
it should be placed with a specific associate, referrals are assigned on a “best match”
basis.
The individual Associate to whom the referral has been assigned must keep the
Relocation Department up-to-date on any progress made and the status of all referrals.
When the Company refers a client or customer to an associate, it normally expects that
associate to perform the full duties of Listing Associate or sales associate and to collect
his/her normal split. Management reserves the right to determine the commission split. If
the Company feels in its sole discretion, the associate is not fulfilling his/her
responsibilities the Company will reassign the prospect.
For more information on the Relocation Department, please see APPENDIX F.
B-51. TOP PRODUCER BENEFIT PROGRAM (TPBP)
The TPBP is designed to reimburse top‐producing sales associates for half of business
development expenses up to an amount determined by their closed business in the
preceding calendar year. Anyone earning Top Producer Benefits will receive a memo
from bookkeeping by the end of January every year detailing the dollar amount available
in their Top Producer Benefit Account. A sales associate may be reimbursed for half of
any business development expense up to the remaining balance in their account. In other
words, the company will reimburse half of any qualifying expense paid by the sales
associate up to the remaining balance in their Top Producer Benefit Account. This is a
tremendous resource to further your dollar. The company invests in your business with
you. In order to receive reimbursement for an expense, the following must apply:
1. The reimbursement request must be submitted in writing to the sales manager, and
must include a copy of the receipt showing the date and amount paid by the sales
associate.
2. The expense and reimbursement request must both occur in the same year the benefit
money is awarded and must be submitted on or before December 15th.
3. The expense must qualify as a business development cost for the sales associate, and
qualification will be determined at the sole discretion of management.
Reimbursements will be disbursed within 2 weeks of approval by the sales manager.
The following includes a few examples of the type of expenses that will qualify for
reimbursement. These examples are intended to provide a guideline, and are not
comprehensive and inclusive of all expense categories. If you have any question about
whether an expense will qualify for reimbursement, please consult your sales manager
prior to purchase.
‐ Generally, anything that helps generate business or increases productivity.
‐ Personal promotion expenses.
‐ Postage expenses.
‐ Education expenses.
‐ Technology‐related expense.
‐ Marketing‐related expenses.
Following is a chart of prior year closed business necessary to qualify for Top Producer
Benefit Awards in the current year. The acronym “GCI” stands for Gross Commission
Income, which is the dollar amount generated from a transaction, after referrals fees are
paid, and before franchise fees and splits between broker and sales associate occur. A
‘unit’ is defined as one side – listing or selling side. GCI and units are the same criteria
metrics Coldwell Banker uses to determine national awards and recognition.
Management may adjust the production criteria and/ or dollar benefit annually. Please
check with your sales manager to be sure you have the most current benefit schedule.
Individual Associate Awards
Annual Production
$ Benefit
International President's Premier
International President's Elite
International President's Circle
International Diamond Society
International Sterling Society
MMP Blue Benefit
$ 600,000 GCI or 75 units
$ 75,000 GCI
$ 1,500.00
$ 1,000.00
$ 800.00
$ 600.00
$ 500.00
$ 300.00
Team Awards
International President's Premier
International President's Elite
Annual Production
$1,225,000 GCI or 180 units
$ 800,000 GCI or 110 units
$ Benefit
$ 3,200.00
$ 2,250.00
MMP Blue Benefit
$ 125,000 GCI
$
International President's Circle
International Diamond Society
International Sterling Society
$ 1,900.00
$ 1,300.00
$ 1,100.00
600.00
B-52. PERSONAL BEST
Any associate who produces $250,000 or more in closed business in any month, shall be
eligible for the "Personal Best" award. This plaque will be presented at the sales meeting
to qualifying associates. To qualify a second time an associate must exceed their
previous monthly personal best closed business total.
B-53. VICE PRESIDENT STATUS
Coldwell Banker M.M. Parrish Realtors encourages its REALTORS to become
Registered Real Estate Brokers.
An associate who has been with the Company at least one year; has attained broker
status, is or has produced at GCI of $120,000 or higher; operates his/her business conduct
in keeping with the high level of ethics and professionalism deemed representative of
Coldwell Banker M. M. Parrish Realtors by the Executive Committee, the associate may
then be considered by the Board of Directors for Vice Presidential status.
Vice Presidential candidates will be reviewed each December and announced in January.
B-54. SENIOR VICE PRESIDENT STATUS
Those associates who have met all the qualifications and requirements for ten year
Associates and have a Broker or Broker Associate’s license shall then be considered by
the Executive Committee for Senior Vice President status. The qualifying associates will
be announced in January each year after consideration and approval by the Executive
Committee. The criteria for awarding Senior Vice President shall be established each
year by the Executive Committee. All awarding of Vice President or Senior Vice
President status is at the discretion of the Executive Committee.
B-55. TERMINATION
Upon termination of a sales associate’s affiliation with the office, all equipment, supplies
and reference material belonging to the office must be returned. If a sales associate
decides to terminate his/her contract, certain understandings are necessary for a pleasant
parting. It is the desire of the Company that any termination be as pleasant as possible.
We shall always try to offer assistance and direction to anyone undertaking a new pursuit.
When a sales associate leaves the Company, notice will be sent to the Florida Real Estate
Commission and GACAR notifying them of the termination of their association with the
Company.
B-56. COMMISSION
Independent Contractors will be compensated by the Company on a commission basis
exclusively. A percentage of the funds received by the Company on the successful
completion of any real estate transaction in which the sales associate participates, will be
based on the current commission schedule in effect at the time the cash is received and
deposited by the Company. Commission splits are based on the commission schedule in
effect at the time.
B-57. COMMISSION: DEFERRED
Any deferral of commission must be approved by management in advance. In the event
some portion of a commission due Coldwell Banker M.M. Parrish Realtors is deferred to
some future date, a sales associate's share of the commission, as well as any accrued
interest, less charges for collection of such amounts, will be paid to him/her in
accordance with the commission schedule for sales and listing in effect at the time the
cash is received and deposited. If the sale contains new mortgage or qualified mortgage
assumption, the associate must obtain approval in advance from the proposed lender for
the deferral.
B-58. COMMISSION: SHARING
When a sales associate cooperates with another Coldwell Banker M.M. Parrish Realtors
sales associate to the extent that they feel they should share in a commission, the
Company will compensate each of them in such a manner as they jointly agree between
them. In no event shall the total amount paid to them by the Company exceed that which
they would have earned individually. If they are unable to agree on how such a
commission should be divided, the Company will decide. (Refer to COMPANY
REFERRALS, ASSISTANCE OF ANOTHER SALES ASSOCIATE.)
B-59. COMMISSION: AFTER TERMINATION
If any sales associate affiliated with the Company is terminated, any unsold listings
obtained by sales associate remains the property of the Company and the sales associate
will have no entitlement to listing commissions on subsequent sales of such listings.
For pending sales and listings sold (those transactions under contract but not closed)
regardless of the commission agreement in effect while affiliated with the Company, the
split of commissions after termination between the sales associate and the Company shall
be on a 50%-50% division after Coldwell Banker fees have been deducted. If the sales
associate would have been entitled to less than 50/50 as per their commission agreement,
they will be paid the lesser amount.
B-60. REFERRAL FEES
Fees for Company referrals are 25%-40% of the listing or selling portion of the
commission whichever is applicable. This percentage is taken from the commission
before Coldwell Banker fees and splits between the associate and the Company are
computed.
Fees for Coldwell Banker referrals will be as provided for in the current Coldwell Banker
referral policy. When a referral fee comes to the Company from an outgoing referral
Coldwell Banker fees will be taken first and commission will be split based on the
Associate’s bracket at the time the check is received.
B-61. COLDWELL BANKER FEES
Fees for Coldwell Banker Residential and Coldwell Banker Commercial are as follows:
6% is allocated to our service fee and 2.5% to our advertising fee. 7.5% is deducted
before splits with Associate and Company are computed. The Company pays the
remaining 1%.
B-62. EXPENDITURES: UNUSUAL
When the Company expends funds other than normal recurring overhead in helping
consummate a transaction, these expenditures shall be reimbursed to Coldwell Banker
M.M. Parrish Realtors before splits between an Associate and the Company are
computed.
B-63. DOCUMENT DESTRUCTION – FACTA
All companies or individuals who deal with sensitive consumer information must comply
with a provision of the federal Fair and Accurate Credit Transaction Act (FACTA) that
went into effect June 1, 2005. Any document or digital record with a consumer’s
personal information must be destroyed. The company will provide a NAID certified
vendor for document destruction. Secure consoles are provided at each location for
documents and data storage devices that meet the requirement under FACTA.
B-64. USE OF PERSONAL VEHICLE: Contractor:
A. has an active Florida Real Estate Sales Associate or Broker Associate license.
B. is the owner of an automobile which he/she will use as needed to perform his/her
duties under the contract and the Contractor further warrants that he/she will at all
times subsequent to the entering of this contract continue to make use of an
automobile which is suitable for showing property.
C. has an active drivers license and is in good standing with the Department of Motor
Vehicles (DMV). Contractor agrees to advise Broker of any changes in drivers
license status that would affect his/her ability to perform under the contract.
Contractor agrees to allow Broker to periodically check drivers license status with
the DMV.
D. agrees to maintain automobile Insurance with minimum coverage limits of
$100,000 for bodily injury per person, $300,000 per accident and $50,000 for
property damage. Contractor agrees to provide Company upon request a copy of
their auto policy declarations page as evidence of these minimum coverage
requirements in order to assure itself that the terms of the coverage afford it
adequate protection.
Section C
MARKETING AND ADVERTISING POLICIES
C-1. The Broker/ Manager must review every piece of advertising BEFORE it reaches
the public. Anything and everything that could possibly serve as advertising or
marketing is required to meet Coldwell Banker’s corporate identity standards and M.M.
Parrish Realtors’ policies, as well as local, state and federal regulations. Please work
with your Broker/ Manager to ensure compliance always.
A. Fair Housing Advertising Guidelines
a. The Federal Fair Housing Act makes it illegal to advertise any preference,
limitation or discrimination based on race, color, religion, sex, national origin,
source of income, familial status, or an intention to make any such preference,
limitation or discrimination.
b. While blatantly discriminatory language is obviously illegal, it can be easy to
inadvertently violate the law by using wording which was not intended to be
unfairly discriminatory, but which could be interpreted as being so.
c. A Google search of ‘Discriminatory Housing Phrases’ offers many resources
for words and phrases that could be deemed discriminatory. When in doubt,
always exercise the highest level of caution.
d. In addition to the Federal Fair Housing Guidelines, real estate advertising is
also subject to state and local regulations, which sometime provide additional
protections beyond the Federal regulations. When in doubt, always exercise
the highest level of caution.
B. Department of Business and Professional Regulation (DBPR) and the Florida Real
Estate Commission (FREC)
a. Chapter 475 of the Florida Statutes and Section 61J2 of the Florida
Administrative Code contain the rules, regulations and laws governing real
estate advertising in Florida. Please be familiar with these requirements, and
always seek assistance from your Broker/ Manager to be sure your
advertisement complies with the requirements of the DBPR and FREC.
C. National Association of Realtors (NAR)
a. The National Association of Realtors’ Code of Ethics and Standards of
Practice provide for certain standards in advertising and other representations
made to fellow Realtors and the public. Please seek assistance from your
Broker/ Manager to ensure your advertisement adheres to these standards.
D. Gainesville Multiple Listing Service (GMLS) and other Multiple Listing Services
a. MLS Rules and Regulations require certain standards in advertising and other
representations made to fellow Realtors and the public. Please seek assistance
from your Broker/ manager to ensure your advertisement adheres to these
standards.
E. Coldwell Banker Real Estate, LLC
a. Coldwell Banker M.M. Parrish, Realtors (CBMMP) is an independently
owned franchisee of Coldwell Banker Real Estate, LLC. CBMMP is licensed
through a Franchise Agreement to use the resources, tools and marks of
C-2.
Coldwell Banker Real Estate, LLC. The Franchise Agreement requires strict
compliance to the Coldwell Banker identity standards published in the Identity
Standards Manual, which is particularly focused on the use of the official
Coldwell Banker logo. Please always seek assistance from your Broker/
Manager to be sure your advertisement complies with Coldwell Banker
identity standards.
Marketing and Advertising Support Services
A. From time to time and at the sole discretion of management, the Company may
provide the Independent Contractor Sales Associates with marketing and advertising
support services. Please reference the appendix of your Policy Manual or check with
your Broker/ Manager for details of any current offering.
Section D
COMPUTER USE and IT SUPPPORT POLICY
D-1.
APPROVAL & SUPPORT
As of Jan. 1, 2008 to be allowed onto the MMPARRISH network, the user must meet the
following requirements:
1.)
2.)
3.)
4.)
5.)
Must use a legal version of Windows 2000, XP Professional, or any Vista nonhome edition.
Must join the company domain.
Must use company issued virus protection.
Must not have any illegal software on their computer.
Must not have software that compromises the network, e.g. such as limewire,
napster, or other programs that use excessive network bandwidth, determined by
your systems administrator.
As of Jan 1 2008, operating system such as but not limited to XP HOME, WIN 95, or
WIN 98, WIN Millennium, Vista Home editions will no longer be allowed on the
MMPARRISH network.
Technical support via MMPARRISH will be provided during business hours for one
computer and one handheld device per user. Technical support for email will only be
provided for MMPARRISH email accounts.
D-2.
PURPOSE
A. To remain competitive, better serve our customers and provide our associates with the
best tools to do their jobs, MMPARRISH makes available to our workforce access to
one or more forms of electronic media and services, including computers, e-mail,
telephones, voicemail, fax machines, wire services, online services, intranet, Internet
and the World Wide Web.
B. MMPARRISH encourages the use of these media and associated services because
they can make communication more efficient and effective and because they are
valuable sources of information about vendors, customers, technology, and new
products and services. However, all associates and everyone connected with the
organization should remember that electronic media and services provided by the
company are company property and their purpose is to facilitate and support company
business. All computer users have the responsibility to use these resources in a
professional, ethical, and lawful manner.
A. To ensure that all associates are responsible, the following guidelines have
been established for using e-mail and the Internet. No policy can lay down
rules to cover every possible situation. Instead, it is designed to express
MMPARRISH philosophy and set forth general principles when using
electronic media and services.
D-3.
PROHIBITED COMMUNICATIONS
Electronic media cannot be used for knowingly transmitting, retrieving, or storing any
communication that is:
1. Discriminatory or harassing;
2. Derogatory to any individual or group;
3. Obscene, sexually explicit or pornographic;
4. Defamatory or threatening;
5. In violation of any license governing the use of software; or
6. Engaged in for any purpose that is illegal or contrary to MMPARRISH policy or
business interests.
D-4.
PERSONAL USE
The computers, electronic media and services provided by MMPARRISH are primarily
for business use to assist associates in the performance of their jobs. Limited, occasional,
or incidental use of electronic media (sending or receiving) for personal, non business
purposes is understandable and acceptable, and all such use should be done in a manner
that does not negatively affect the systems' use for their business purposes. However,
associates are expected to demonstrate a sense of responsibility and not abuse this
privilege. MMPARRISH email accounts are not intended for personal use.
D-5.
ACCESS TO ASSOCIATE COMMUNICATIONS
A. Generally, electronic information created and/or communicated by an associate
using e-mail, word processing, utility programs, spreadsheets, voicemail, telephones,
Internet and bulletin board system access, and similar electronic media is not
reviewed by the company. However, the following conditions should be noted:
MMPARRISH does routinely gather logs for most electronic activities or monitor
associates communications directly, e.g., web sites accessed, printing usage, telephone
numbers dialed, call length, and time at which calls are made, for the following purposes:
1.
2.
3.
4.
Cost analysis;
Resource allocation;
Optimum technical management of information resources; and
Detecting patterns of use that indicate associates are violating company policies or
engaging in illegal activity.
B.
MMPARRISH reserves the right, at its discretion, to review any associates’
electronic files and messages to the extent necessary to ensure electronic media and
services are being used in compliance with the law, this policy and other company
policies.
A. Associates should not assume electronic communications are completely private.
Accordingly, if they have sensitive information to transmit, they should use other
means.
D-6.
SOFTWARE
To prevent computer viruses from being transmitted through the company's computer
system, unauthorized downloading of any unauthorized software is strictly prohibited.
Only software registered through MMPARRISH may be downloaded. Associates should
contact the system administrator if they have any questions.
D-7.
SECURITY/APPROPRIATE USE
A. Associates must respect the confidentiality of other individuals' electronic
communications. Except in cases in which explicit authorization has been granted by
company management, associates are prohibited from engaging in, or attempting to
engage in:
1. Monitoring or intercepting the files or electronic communications of other
associates or third parties;
2. Hacking or obtaining access to systems or accounts they are not authorized to use;
3. Using other people's log-ins or passwords; and
4. Breaching, testing, or monitoring computer or network security measures.
D-8.
B.
No e-mail or other electronic communications can be sent that attempt to hide the
identity of the sender or represent the sender as someone else.
C.
Electronic media and services should not be used in a manner that is likely to cause
network congestion or significantly hamper the ability of other people to access and
use the system.
D.
Anyone obtaining electronic access to other companies' or individuals' materials
must respect all copyrights and cannot copy, retrieve, modify or forward copyrighted
materials except as permitted by the copyright owner.
PARTICIPATION IN ONLINE FORUMS
A. Associates should remember that any messages or information sent on companyprovided facilities to one or more individuals via an electronic network—for
example, Internet mailing lists, bulletin boards, and online services—are statements
identifiable and attributable to MMPARRISH.
B.
D-9.
MMPARRISH recognizes that participation in some forums might be important to
the performance of an associate's job. For instance, an associate might find the
answer to a problem by consulting members of a news group devoted to the
technical area.
VIOLATIONS
Any associate who abuses the privilege of their access to e-mail or the Internet in
violation of this policy will be subject to corrective action, including possible termination
of employment, legal action, and criminal liability.
D-10. UNSOLOCITED COMMERCIAL EMAIL MESSAGES – SPAM LAWS
In compliance with the CAN-SPAM Act of 2003, Pub. L. No. 108-187, 117 Stat. 2699
(2003) (codified at 15 U.S.C. §§ 7701-7713 and 18 U.S.C. § 1037) which took effect on
January 1, 2004, the following must be considered when sending unsolicited commercial
email messages.
Email that has a primary purpose of advertising or promoting a commercial product or
service, including content on a website, is required to adhere to the following provisions:
1) “From”, “To” and routing information, including the originating domain name and email
address, must be accurate and identify the person who initiated the email.
2) The use of deceptive subject lines and false headers is prohibited.
information in the body of the message is also prohibited.
False or misleading
4) Unsolicited email messages must provide an opt-out method. The following qualifies as
an acceptable opt-out method if it is clearly stated within the body of the email:
“OPT-OUT: If you do not wish to receive further email communication from the sender
of this message, please reply to this email with “remove” in the subject line.”
5) Unsolicited Email messages must be identified as an advertisement and include the
sender’s valid physical postal address.
Failure to comply with these Federal and State requirements could result in penalties and fines
associated with such violations. As an Independent Contractor, a Sales associate is
responsible for the email solicitations and advertisements sent from their email account, as
well as any penalties and fines resulting from violations of these rules. For additional
information, visit www.ftc.gov/spam.
APPENDIX A
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT, made and entered into this
day of
,
,
between Coldwell Banker M.M. Parrish Realtors hereafter referred to as “Broker" and
_____________________________________________, hereinafter referred to as "Contractor".
WITNESSETH
WHEREAS, the Broker is duly registered within the State of Florida as a real estate broker, and
is duly qualified to and does procure the listing of real estate for sale, lease or rental and
prospective purchasers, lessees and renters thereof and has and continues to enjoy the goodwill
of and a reputation for dealing with the public and also has and continues to maintain an office,
properly equipped and staffed, suitable to serving the public as a real estate broker; and
WHEREAS, the contractor has an active Florida Real Estate Sales Associate or Broker Associate
license and is in all other respects properly qualified to deal with the public in such capacity; and
WHEREAS, the Contractor agrees to perform the services contemplated by the Broker under the
terms and conditions set forth in this Agreement, and it is deemed to be to the mutual advantage
of the Broker and Contractors to enter into such an Agreement.
NOW, THEREFORE, in consideration of the mutual promises and considerations as set forth
herein, it is hereby covenanted and agreed between the Broker and Contractor;
1. DESCRIPTION OF WORK: The Broker shall make available to the Contractor all current
listings of the office except such as the Broker may find expedient to place exclusively in the
temporary possession of some other contractor and agrees to assist the Contractor in his/her work
by advice and full cooperation in every way possible. The Contractor shall work diligently and
with his/her best effort to sell, lease or rent any and all real estate listed with the Broker, to solicit
additional listings and customers for said Broker and otherwise promote the business of serving
the public in real estate transaction to the end that each of the parties hereto may derive the
greatest profits possible.
2. RELATIONSHIP BETWEEN PARTIES: The parties to this contract agree that the
relationship between them created by this contract is that of owner-independent contractor. No
agent, employee, servant of Contractor, or the Contractor shall be or shall be deemed to be the
employee, agent or servant of the Broker. Broker is interested only in the results obtained under
this contract; the manner and means of conducting the work is under the sole discretion of the
Contractor. None of the benefits provided by the Broker to its Employees (if any) including but
not limited to Workman's Compensation Insurance, Unemployment Insurance, payment of
Social Security and the service of withholding of income tax shall be available to the Contractor
or his/her agent. The Contractor will be solely and entirely responsible for his/her acts and the
acts of his agents, employees and servants under the performance of this Agreement.
Notwithstanding the foregoing, Broker will provide Errors & Omissions and General Liability
Insurance coverage for Sales Associate Contractors to protect against claims arising out of the
normal course of business operations, and Broker, at Broker’s sole discretion, may require Sales
Associate Contractors to share the cost of such coverage.
3. COVENANTS OF BROKER: The Broker shall furnish various office facilities to the
Contractor to be used in common with other Contractors of the Broker.
4. COVENANTS OF CONTRACTOR: The Contractor specifically covenants that:
A. Contractor has an active Florida Real Estate Sales Associate or Broker Associate
license.
B. Contractor is the owner of an automobile which he/she will use as needed to perform
his/her duties under the contract and the Contractor further warrants that he/she will
at all times subsequent to the entering of this contract continue to make use of an
automobile which is suitable for showing property.
C. He/she has an active drivers license and is in good standing with the Department of
Motor Vehicles (DMV). Contractor agrees to advise Broker of any changes in drivers
license status that would affect his/her ability to perform under the contract.
Contractor agrees to allow Broker to periodically check drivers license status with the
DMV.
D. Contractor agrees to maintain automobile Insurance with minimum coverage limits of
$100,000 for bodily injury per person, $300,000 per accident and $50,000 for
property damage. Contractor agrees to provide Company upon request a copy of their
auto policy declarations page as evidence of these minimum coverage requirements in
order to assure itself that the terms of the coverage afford it adequate protection.
E. Contractor is willing to and will take all actions necessary to work within the
guidelines, rules and regulations set forth by the Gainesville-Alachua County
Association of REALTORS and the Multiple Listing Service, and other Boards as
may be required by the Company, the Code of Ethics of the National Association of
REALTORS, the Laws of The State of Florida and United States.
F. That he/she is of sound financial condition and able to meet his/her obligations as
they come due without the necessity of requesting loans or advances.
G. The Contractor shall further furnish all other personal tools or equipment necessary to
perform his/her duties under this contract.
H. Contractor shall be responsible for the filing and payment of all taxes (income tax,
social security taxes, etc.); obtaining and payment of any city, county and state
occupational licenses if and when applicable; and all other acts and payments to
which a self-employed person is subject.
I. Contractor agrees to conduct his/her business and regulate his/her habits so as to
maintain and to increase, rather than diminish the goodwill and reputation of the
Broker and the parties hereto agree to conform to and abide by all laws, rules,
regulations and codes of ethics that are binding upon or applicable to real estate
brokers and sales associates.
J. Contractor shall conform his/her conduct of business activities to comply fully with
the provisions of the adopted Policy Manual of the Company at all times. Contractor
hereby agrees to be bound by the terms contained in the policy manual. Failure to do
so shall be grounds for immediate dismissal.
5. COMMISSIONS: Commission levels and division ratios may be adjusted from year to year
reflecting inflation or dollar and operating expense increases.
a. Coldwell Banker Residential and Commercial Affiliate Fees
As stated within our franchise agreement with Coldwell Banker, franchise fees will be
paid on all commissions, fees and other compensation earned in M.M. Parrish Realtors
brokerage business of listing, offering, selling , exchanging, managing, leasing, renting or
representing of sellers, purchasers, lessors or renters of real estate. Residential Franchise
fees shall not include the following categories of real estate; which shall be reported
through the commercial franchise.
(i) Buildings consisting of 4 or more residential units.
(ii) Improved commercial or industrial property
(iii) Parcels of vacant land zoned or to be sold, leased or rented for commercial or
industrial purposes.
All sales shall require payment of franchise fees.
b. Commission Schedule
The Contractor shall receive amounts for his/her services as set forth in the Commission
Schedule attached and made a part of this Agreement.
6. POLICY MANUAL: It is expressly understood by the parties hereto that his/her independent
Contractor Agreement hereby incorporates by reference each of the terms, conditions and rules
contained in the Coldwell Banker M.M. Parrish Realtors Policy Manual including any and all
subsequent amendments or revisions thereto. By execution of this Agreement, Contractor
acknowledges his/her receipt and careful examination of a copy of the above referenced Policy
Manual. The Manual contains a section on training which the Contractor acknowledges is
intended as guidelines to aid him/her in performing his/her duties but not as specific
requirements.
7. INDEMNIFICATION: The Broker shall not be liable to the Contractor or to any other third
party or entity for any expense incurred by the Contractor or for any of the Contractor's acts or
omissions, and the Contractor shall indemnify and hold harmless the Broker from any claims or
damages arising out of or resulting from the Contractor's acts or omissions including but not
limited to costs, attorney's fees, both in the trial court and on appeal, and all other expenses
incurred by the Broker.
8. TERMINATION OF AGREEMENT: This Agreement may be immediately terminated for
any reason by either party upon written notice to the other party. Upon such termination all
accounting will be finalized and all restrictions applicable will become effective. Unless
otherwise terminated as set forth above, this Agreement will then terminate December 31, 2020,
unless both parties agree in writing to readopt the Agreement for an additional twelve-month
period. Neither this Agreement nor any benefits arising there from shall be assignable by the
Contractor.
9. COMPLETE AGREEMENT: It is understood and agreed that this Agreement is the complete
entire agreement between the parties. If any portion of this Agreement shall appear to conflict in
any way with the terms and conditions set forth in the Coldwell Banker M.M. Parrish Realtors
Policy Manual, the Policy Manual shall at all times be deemed to control the situation.
10. INVALID SECTIONS: If any section or subpart thereof of this Agreement is held in
violation of any state, federal or other political subdivision law, such invalid section shall be
struck and the remainder of this Agreement shall not be considered to be invalid, but shall
continue to remain in full force and effect. The prevailing party in any litigation arising under
the terms of this Agreement shall be entitled from the losing party to any and all trial and court
costs and attorney fees, through appeal.
11. PRIVILEGED INFORMATION: The Contractor shall not, after the termination of this
Agreement, use to his/her own advantage or to the advantage of any other person or entity any
information gained from the files or business of the Broker, relating to property for sale, lease or
rental.
Independent Contractor
Coldwell Banker M.M. Parrish Realtors
By:______________________ _____
Name:
By:____________________________
Name: James Parrish, Jr.
APPENDIX B
Commission Structure
2014 Best of 2 PLAN
Eligibility
All Residential Sales Associates affiliated with the Company and in good standing will
be subject to this compensation plan after January 1, 2014.
Annual Starting Splits and Adjustments
The beginning revenue split level on January 1 of every year will be based on the Sales
Associate’s highest single calendar year income from the previous two years.
The Sales Associate’s revenue split may rise at anytime throughout a calendar year
based on their earned income for that year.
Recruiting Bonus
A Recruiting Bonus of 10% of Company Dollar for the first 12-month period (paid at end
of first 12-month period) the recruit is affiliated with the company is available when the
recruiting associate is determined to be the Procuring Cause. The recruit must be
producing at a current rate sufficient to cover the desk cost in our company in order for
the recruiter to be eligible for the bonus. Bonuses will be paid at the end of the first 12month period provided both associates are affiliated with the company at the time the
bonus is due. Management has the discretion to determine if a recruiter is eligible for
the recruiting bonus. Company Dollar is defined as that portion of the Gross
Commission Income retained by the company after Franchise fees are paid and the
commission is split with the sales associate. Procuring Cause shall be defined as the
person who was responsible for setting up the initial meeting with recruit, working
through the entire affiliation process with recruit, and obtaining the recruits signature on
the Independent Contractor Agreement. Determination of Procuring Cause shall be at
management’s discretion.
Other Notes
HOME OFFICE – Experienced Sales Associates (determined at management’s
discretion) are eligible for Home Office status. The company will pay a 2.5% revenue
split bonus per transaction side to work from home. However, regardless of Home
Office status, no Sales Associate may receive greater than an 80% revenue split on any
transaction side. While they do not have dedicated office space, Home Office
Associates have access to all company resources, conference rooms, office machines,
administrative and marketing support, etc.
TEAMS – All associates will be treated as individuals with respect to the splits earned
and the benefits offered, except with respect to Coldwell Banker award eligibility.
Management reserves the right to make changes or adjustments to any commission
plan offered by the Company at any time and for any reason.
Commission Splits
The table below shows the minimum and maximum Sales Associate annual earned
income corresponding with each Sales Associate revenue split level. This table is used
to determine Sales Associate starting revenue splits at the beginning of each calendar
year, and is also used to determine the rate at which a Sales Associate may achieve
higher revenue splits throughout any calendar year.
Coldwell Banker Franchise Fees are deducted from the Gross Commission
Income before revenue is split between the Associate and the Company.
Min $
1
Max $
6,000
6,001
12,000
20,001
25,000
12,001
25,001
30,001
40,001
50,001
60,001
75,001
20,000
30,000
40,000
50,000
60,000
75,000
87,500
87,501
100,000
125,001
And Up
100,001
125,000
Split
50.00%
52.50%
55.00%
57.50%
60.00%
62.50%
65.00%
67.50%
70.00%
72.50%
75.00%
77.50%
80.00%
APPENDIX C
ACKOWLEDGMENT OF RECEIPT OF POLICY MANUAL
This manual was current when it was made available to you. It is your responsibility to continue
to update it with information as it becomes available. Whenever policy changes are made, such
changes or modifications shall become effective at the time of distribution. The manual format
has been designed in order to maintain the information in as current a form as possible. If you
have not been keeping the manual updated as information is disseminated check with your
Manager prior to relying on material herein.
I have received my copy of the Coldwell Banker M. M. Parrish Realtors Policy Manual, which I
have read and understand. I also have been given an opportunity to ask questions I may have
concerning any of the policies in this Manual. I understand that the manual does not provide any
contractual rights or guarantees of employment and that my employment is for no definite
duration unless I have a written contract with a duration signed by the President of the Company.
I further understand that my employment relationship may be terminated at any time with or
without notice or cause, either by myself or the Company and that this understanding cannot be
modified except by written agreement signed by the Company’s President. I agree that the
Company’s policies and benefits may be changed from time to time at its discretion without
advance notice. I will keep my manual for future reference and observe the policies and rules
outlined in this manual.
I have received the Coldwell Banker M.M. Parrish Realtors Policy Manual.
Date
Signature
I have read and understand the Company’s Harassment Policy and complaint Procedure
and agree to abide by it.
Date
Cc: Personnel File
Signature
APPENDIX D
RECRUITING PROGRAM
A Recruiting Bonus of 10% of Company Dollar for the first 12-month period (paid at end of first
12-month period) the recruit is affiliated with the company is available when the recruiting
associate is determined to be the Procuring Cause. The recruit must be producing at a current
rate sufficient to cover the desk cost in our company in order for the recruiter to be eligible for
the bonus. Bonuses will be paid at the end of the first 12-month period provided both associates
are affiliated with the company at the time the bonus is due. Management has the discretion to
determine if a recruiter is eligible for the recruiting bonus.
Company Dollar is defined as that portion of the Gross Commission Income retained by the
company after CB fees are paid and the commission is split with the sales associate. Procuring
Cause shall be defined as the person who was responsible for setting up the initial meeting with
recruit, working through the entire affiliation process with recruit, and obtaining the recruits
signature on the Independent Contractor Agreement. Determination of Procuring Cause shall be
at management’s discretion.
APPENDIX E
RELOCATION AND REFERRAL POLICIES AND PROCEDURES
RELOCATION DEPARTMENT
Phone: 352-264-3820
Fax: 352-264-3821
Gail Dispenza:
Relocation Director
Candace London:
Secondary Coordinator
INCOMING REFERRALS
An incoming referral is one that comes to Coldwell Banker M.M. Parrish Realtors from another
real estate broker, a relocation company, or a website resource.
Referrals that are placed with the company are the property of the company.
The Relocation Department handles lead assignment with consideration of the customer’s needs
and the referring agent’s specifications.
Referrals are placed with Sales Associates who meet criteria set by the company and who are
most capable of meeting each customer’s goals and objectives.
General Requirements – In order to qualify for leads, an Associate must:
 Be trained in LeadRouter and currently in compliance
 Handle previous referrals in a professional and satisfactory manner.
 Contribute to the system by placing outgoing referrals through the department (minimum
of two per year)
 Cooperate with the Relocation Department by completing necessary follow-up
documentation in a timely manner.
 Complete any specific training required for certain leads like Affinity Specialist Training
for Cartus or USAA training modules.
 Achieve and maintain a certain level of production as outlined below:
Tier I: Broker-to-Broker leads received from non-Cartus members – Associate must
meet all general requirements above, but no minimum production requirements exist for Tier I
referrals.
Tier II: Cartus Broker-to-Broker leads – Associate must meet all general requirements
above, have been licensed for a minimum of two years, have closed a minimum of five (5)
transaction units in the previous calendar year and have completed and paid for the Cartus
Referral Specialist and Home Marketing Specialist training. The cost of the training is $50.00
per module per agent and certificates are good for 2 years.
Tier III: Cartus Corporation Relocation and Affinity leads – Associate must meet all
general requirements above, have been licensed for a minimum of five years, have closed a
minimum of eight (8) transaction units in the previous calendar year and have completed the
Cartus Network Home marketing, Inventory Specialist, and Affinity modules. The cost of the
Cartus training is $50.00 per module per agent and certificates are good for 2 years. The cost of
Affinity Specialist Training is $35.00 per module per agent annually.
In addition, Any Agent receiving Cartus or Affinity referral business must submit to and
pass a background check at a cost of $33.00 (previously resided in NY, cost is $52.00).
Relocation Network Requirements of Associate in Servicing a Referral
 Customer contact must be made within 24 hours.
 Notify the Relocation Department immediately if unable to make contact within the 24hour time frame.
 Ascertain if the customer has already made contact with an associate in our company or
another local broker. Find out the circumstances of the contact. Notify Relocation
Department immediately if the customer is working with another associate.
 Understand the terms and conditions of the referral BEFORE acceptance.
 If the referral involves a Broker Price Opinion or a Comparative Market Analysis, the
assigned associate will be responsible for completing the appropriate paperwork on the
requested form and getting it to the requesting company in a timely manner.
 Communicate with the customer on a regular basis. If an associate loses contact with a
customer, and they purchase with another associate in our company, we are still obligated
to pay a referral fee. The commission may not be split with the associate who was
originally assigned the referral.
 Respond to the Relocation Department within 24 hours of receiving an update request.
 Notify the Relocation Department immediately when:
a) A contract ahs been fully executed.
b) The transaction closes, or closing has been delayed.
c) The Customer decides not to purchase.
d) The customer decides not to list, or they list with another company.
Relocation Network Requirement of MMP Relo Department in Servicing a Referral
 Provide as much information on an incoming lead as possible.
 Handle all of the paperwork and record keeping between the referring broker and
Coldwell Banker M.M. Parrish Realtors.
 When the Relocation Department receives a request for an update, the associate that was
assigned this referral will either receive a call or an email request fort this information.
The Relocation Department will then forward the Associate’s response to the referring
broker. All referrals will be entered into LeadRouter Lead Management System
requiring an update for all assigned leads a least every 30 days. Associates who are not
trained or are out of compliance in LeadRouter will not receive incoming referrals until
they have completed training or are back in compliance as the situation requires.
Referrals that come direct to an Associate
Associates who receive referrals directly from another broker or relocation company must
forward a copy of the paperwork to the Relocation Department. Sales Associates and Sales
Managers are never to sign any referral paperwork. Referral agreements should only be signed
by the Relocation Director. The purpose of this policy is to allow the Relocation Dept. the
opportunity to refuse or reject a referral that may have been received on the same customer from
another source.
Internet and Web Leads
Coldwell Banker M. M. Parrish Realtors utilizes the “LeadRouter” software to effectively
manage internet and website leads generated from a variety of sources such as mmparrish.com,
coldwellbanker.com, and realtor.com. This software also tracks the status of leads as well as
enables Sales Associates and Administrators to update the status of the lead anywhere, anytime
as long as they have internet access. In order to receive these leads, an Associate must complete
LeadRouter training module. Please contact the Marketing Department for information about
training opportunities.
Referral Fees
Referral fees are often negotiated with the Broker or Sales Associate. The following schedule
may serve as a guideline, but may not always accurately represent the full range of referral fees
charged:
Broker-to-Broker
25%-35%
Cartus and Affinity
25%-37.5%
Corporate Relocation
30%-37.5%
The Company will charge an additional 5% relocation fee on company generated converted
referrals over and above the fee required by the referring Broker, but only to the extent that the
total referral fee does not exceed 35%. Once the referral fee is paid and any franchise fees are
deducted, the remaining revenue will be split with the Associate per their regular split schedule.
Referral Assignment
The Relocation Department reserves the right to reassign a lead if it feels that a referral is not
being properly serviced.
A referral that comes through he Relocation Department may NOT be referred by that Associate
to another Associate. If for some reason, the Sales Associate cannot or does not want to service
a referral, they should turn the referral back to the Relocation Department for reassignment. If
another broker has referred a customer to our Company, we cannot refer them to another area.
The customer must then be turned back over to the originating Broker.
Since referrals are the property of the Company, when a Sales Associate leaves the company,
any customers they are working with as a result of a referral may be reassigned. This includes
active listings, which may be reassigned to another Associate to service. The Associate who
leaves the Company may not be entitled to any portion of the commission from these referrals.
Outgoing Referrals
An outgoing referral is a referral that is sent OUT of our marketing area by an Associate of
Coldwell Banker M.M. Parrish Realtors. It is the responsibility of the Associate to provide as
much information as possible regarding the prospective lead on the outgoing referral form. Fax
or email the form to the Relocation Department. Incomplete or inaccurate information will delay
the servicing of the customer and the Relocation Department may request additional information
before placing the referral, if necessary.
Our Company’s status as a Primary Destination Broker in the Cartus Relocation Network will
depend, among other things, on our ability to meet annual outgoing referral goals established by
the Network. In order to help maximize our Cartus Network affiliation, Associates are required
to place a minimum of TWO accepted outgoing referrals per year in order to receive incoming
referrals.
In order to be processed by the Relocation Department for placement, a referral MUST include
the following:




Customer’s name
Customer’s mailing address
At least one contact phone number
Customer’s knowledge and consent to be referred
Additional information such as specific areas of a city, price range, etc., will help expedite the
referral assignment and customer contact.
All outbound referrals from Coldwell Banker M.M. Parrish Realtors must be placed through the
Relocation Department. The Relocation Department will use the Cartus Broker Network,
Coldwell Banker Network and ERC Worldwide Resources for placing ALL referrals.
Once the referral is assigned, the Relocation Department will let you know the assigned Sales
Associate’s name and phone number.
All outgoing referrals will be placed through the Cartus Broker Network and will be split
50/50 with Cartus. There are no exceptions. If a sales associate places a referral outside
the network, the referral fee will still be split with Cartus. We are contractually obligated
through our Strategic Alliance Agreement with Cartus Broker Network to place all
outgoing referrals through the Network.
The Relocation Department does not send referrals on:
 Rentals
 Vacant land less than $25,000
 Mobile homes not on real property
Referral Fees: The referral fee for an outbound referral is generally 25% to 30%. Once
the company receives our portion of the fee (which will be 50% of the referral fee),
franchise fees will be deducted and the remaining sum will be split with the Associate
according to their split at the time it disburses. After a sales associate converts one
outgoing referral in any calendar year, the Associate will receive 100% (less franchise
fees) of the referral fee received on all subsequent outgoing referrals for the remainder of
the calendar year (no company dollar is retained).
Corporate/Third party Home Selling Referrals
Corporate relocation business is rigidly structured and managed by third-party companies
with very specific requirements for service.
Specialized training and certification for these opportunities is often required. Check
with the Relocation Department regarding qualifications needed to handle these referrals.
A summary of the Associate’s responsibilities are outlined below:









Competitive Pricing Strategy: The property will be inspected for any repairs or
decorating items. After review of all the facts, arrive at a price (high, low,
probable, final and recommended list price) as per relocation company forms.
Listing Responsibilities: When the property is placed on the market for sale,
Associate will arrange for initial inspection, clean up, availability of utilities and
maintenance. A yard sign, appropriate riders, lock box and feature sheets should
also be placed on the property.
Maintenance: Ongoing maintenance by a select group of reliable licensed and
insured vendors (Concierge, if possible) is arranged. Frequent and regular
inspections (at least weekly) by the listing Associate insure the property remains
in marketable condition.
Advertising/promotion: A very aggressive campaign includes placing the home
into the Multiple Listing Service (MLS), promotion on the internet, company
caravan, designing and distributing feature sheets, placing the information in print
advertising as well as individual marketing to Coldwell Banker M.M. Parrish
Associates and other top area producers, etc. If the property remains on the
market more than 60 days, a new strategy may be addressed.
Weekly property inspections and minor cleanup are required as are monthly
reports prepared and presented to the customer by the listing Associate. All
accounting, billing and reimbursement responsibilities will be handled by the
Coldwell Banker M.M. Parrish Bookkeeping Department after proper notification
and wet-up by the Sales Associate.
Provide the Relocation Department with a copy of all MBA’s, BPO’s, contracts,
etc.
All appropriate sales tools (specified purchase contracts, addenda, promotional
fliers, etc.) should be placed in the property by the listing associate.
Listing Associates should familiarize themselves with all relevant policies of
the third-party or corporate customer and comply fully with their provided
instructions. This includes billing and reimbursement procedures.
It is understood that there is no warranty that the original listing Associate will
retain the listing if a relocation company or corporate customer takes title to said
property. Prior to transfer of title (where the original seller accepts the corporate
buy-out) the original listing Associate may attempt to secure the listing from the
Relocation Company of the corporate customer. We recommend that the original
listing Associate enlist the assistance of the Relocation Department to secure the
listing from the new owner. If a subsequent M.M. Parrish Associate has been
selected by the new owner, no further contact should be made by any other M.M.
Parrish Associate. Once the property is relisted by any broker, no further contact
on that property should be initiated by any Associate.
Corporate/Third Party Billing Process
All invoices (utilities, lawn care, repairs, maintenance, etc.) are to be invoiced directly to the
listing Associate, c/o Coldwell Banker M.M.
APPENDIX F
HOME OFFICE SALES ASSOCIATE – BONUS AND QUALIFYING CRITERIA
The Company will offer a bonus of the Associate’s regular split plus 2.5% (after franchise fees
are paid) to Sales Associates who qualify for assigned, dedicated office space, but who choose
not to occupy that space in return for the opportunity to earn this 2.5% split bonus. Following
are the minimum criteria necessary to qualify for the Home-Office split bonus.
a. Associate must have held an active FL Broker or Salesperson license for a minimum
of two (2) years.
b. Associate must demonstrate competency and ability to work independently, which
may be determined at Management’s sole discretion.
c. Associate must have a minimum annual production record of 2.5 million in sales
volume for the previous calendar year (Jan. 1 through Dec. 31).
d. The Gross Commission Income from the subject transaction must represent the
minimum acceptable commission rate for that particular property type per the
Company Policy Manual. The bonus will not be paid on transactions where the
Company’s minimum fee has been discounted.
e. This bonus does not apply to Associates who are already earning an 80% split.
f. These criteria may be reviewed and adjusted at any time at the discretion of Company
Management.
g. This bonus does not apply to commercial transactions.
Home-Office Sales Associate will have access to all Company administrative support, tools and
resources; including, but not limited to, Company conference rooms for meeting with customers
and other Associates, use of Company equipment like copiers, fax machines and workroom
computers, the Company’s computer network and email platform, telephone extensions and
voice mail capabilities, etc.
While they may not maintain an active work-area within Company-controlled buildings, HomeOffice Associates are still expected to attend company meetings and events, to act according to
all Company policies and State and National Codes and Laws, and to communicate effectively
with other Associates and Management.
APPENDIX G
MARKETING PROGRAM (AAMP)

revised august 2016 all rights reserved mm parrish

Transcription

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