Company Policies & Procedures
Equal Opportunity
The Company insists and requires that all of it’s personnel provide equal opportunity in all real estate business transactions. They shall keep informed on all matters regarding the requirements imposed by all equal opportunity and fair housing laws and shall act in accordance with these laws. Service shall be offered to all clients and customers regardless of race, color, religion, national origin, sex, ethnic background, age, marital or familial status, disability or any other classification protected by law. No personnel shall print, display or circulate any statement or advertisement with respect to the sale or rental of a property that indicates any preference, limitation or discrimination on the basis of any classification of protected individuals.
Broker Supervision
The company is committed to fulfillment of all applicable standards for oversight by supervisory personnel which shall, at a minimum meet the requirements of the Michigan Occupational Code. The company and all personnel must conduct themselves in a manner which meets or exceeds these minimum standards in order to assure better service to clients and customers and to minimize the risk of potential liability. The broker and any associate brokers having supervisory responsibility shall maintain open, direct communication with all personnel. Every effort will be made to assure that a broker or associate broker is available on a continuous basis for the purpose of such communication. All personnel shall cooperate fully with the broker and associate brokers to assure that this communication is fully maintained. Brokers and associate brokers shall be available to review the work of all supervised individuals, provide consultation for the supervised individual and to help broaden the education of the supervised individual in the performance of the individual’s functions.
Professional Standards
The company is committed to the compliance by its personnel with the standards imposed by law and by any professional organizations to which the company belongs. It is required that all real estate licensees with the company shall familiarize themselves with the Occupational Code and the Administrative Rules promulgated in accordance with the Code. All personnel are required to keep themselves updated on all changes in the law insofar as they affect real estate licensees. The staff shall comply with all Codes of Ethics, imposed on them by virtue of membership in any professional organizations.
Antitrust Compliance
Commission rates of the company are established solely by the company and are based upon the company assessment of its total costs and market conditions. Commission rates are not set by any agreement with, or suggestion from, any person or entity, other than the client with whom a listing or other agreement of sale, purchase or lease of property is signed. Company personnel shall not discuss with anyone the setting of commission rates charges by the company, or, for that matter, by any other real estate company. Company personnel shall make no reference to any ‘going’ rate for real estate services. It is expressly understood that all commission rates are strictly negotiable between the company and it’s principals. The amount of any compensation to be paid to any transaction coordinator, or buyer’s agent shall be determined solely by the company. The company does accept or compensate any agent working for another real estate agency as a seller’s subagent. If company personnel are present when other real estate licensees outside of the company begin a discussion of fees, they must remove themselves from that conversation. Whenever company personnel are unsure of how to respond to the concerns of a potential client or customer, or are present during an unauthorized discussion of fees, they should immediately contact the broker.
Confidential Information
All information disclosed to company personnel during the course of their activities shall not be divulged to anyone without consent of the principal. Unauthorized use or disclosure could result in serious harm to the company and/or termination of the offending person.
Associate Brokers/Salesperson Independent Contractor, or Employee Status
Unless otherwise specified in a written agreement, all associate brokers, or salespersons are independent contractors and shall execute and independent contractor’s agreement with the company before commencing work. Nothing in this manual shall impair or affect the independent contractor status of the company’s salespersons or associate brokers retained by the company pursuant to the independent contractor agreements.
Company Expectations
All personnel shall:
1) Avoid discrimination of any protected class as stipulated in state or federal non discrimination or fair housing laws. Discrimination of protected classes will not be tolerated.
2) Comply with directions of supervisory personnel.
3) Support company policies and objectives.
4) Cooperate fully with all other personnel.
5) Act in a professional manner at all times.
6) Pay attention do details.
7) Make full disclosure of agency status.
8) Properly and correctly document all transactions.
9) Remain current on all applicable laws, rules, and standards of practice.
10) Treat all people, whether customers or not, with respect, honesty and courtesy at all times.
11)Maintain privacy of all client information particularly any social security numbers.
Use of Alcoholic Beverages and drugs
No one is to drink any alcoholic beverage on any day they have real estate business to conduct. Drug use of any kind, other than properly prescribed and used medicines is strictly prohibited at all times. Company personnel may not use the offices and may not transact business if they are under the influence of alcohol or drugs. Violation may be cause for treatment and/or termination at the discretion of the company.
Ability to Bind Company
No company personnel shall have the authority to obligate or bind the company in any way without the prior, written consent of the company with the exception that salespeople and associate brokers shall have authority to sign listing agreements on behalf of the company which conform to the established requirement of the company, using approved forms. All actions of company personnel shall be performed only in accordance with this manual and only on behalf of the company. No personnel shall be permitted to sell, deal or act in any way that compromises the authority of the company to supervise or direct the activities of such personnel in accordance with applicable law.
Compensation
Compensation for each salesperson or associate broker is that which has been agreed to by the company and staff as outlined in the independent contractor agreement, as applicable. Company personnel shall not accept or receive compensation of any kind from any other source for, or in connection with, their duties and obligations for and on behalf of the company. All personnel shall comply with all applicable provisions of the Occupational Code.
Termination of Personnel
Termination of personnel is governed by the independent contractor’s agreement or the policies & procedures manual. Upon termination, all contracts, equipment, records, files, supplies, reference material, prospects and keys shall be immediately relinquished by the terminated individual to the company. All listings, buyer’s agency agreements, and other agreements remain the sole property of the company. The terminated individual shall take no action which may jeopardize or impair the company’s rights in them.
Office Meetings
Office, administrative and educational meetings are held on a regularly scheduled basis by the company. Attendance at these meetings is voluntary except to the extent required by Michigan license law for the purposes set forth in the Occupational Code and Administrative Rules.
Advertising
All advertising must comply with the company’s policies as well as rules governing policies and procedures, including advertising of licensee’s own properties. The company reserves the right to advertise any and all listings procured for the broker by any salesperson or associate broker. Any advertising by salespersons or associate brokers must be approved by the broker.
Listing Policy
Company listing policy shall be in compliance with the Occupational Code, Rules, and company policy and procedures regulating the obtaining of listings, listing agreements and execution and delivery to seller.
Offers and Counteroffers
Only sales agreements, addenda and other forms specifically approved by the company shall be used by company personnel. All Personnel shall promptly deliver all written offers and counteroffers to the offeree in accordance with Michigan license law and sound business practice. Licensee shall deliver to an offeree a signed copy of the offer to purchase after it has been signed by offerer. A licensee shall promptly tender all written offers to purchase to seller upon receipt. Upon obtaining a proper acceptance of the offer to purchase, signed by the seller, the licensee shall promptly deliver true executed copies of the acceptance to purchaser and seller. A licensee shall make certain that all terms and conditions of the real estate transaction are included in the offer to purchase. Back up offers, (those received after an offer has been accepted) shall be kept in a file and presented to seller only once an already accepted offer fails to result in a sale.
Deposits
All deposits received by the salesperson or associate broker shall be immediately turned over to the company for deposit into its trust or property management account as necessary in accordance with applicable law. All company personnel must familiarize themselves with this rule of law to assure that deposits are timely made. Company reserves the right to use a title company to act and an escrow agent so long as both buyer and seller agree in writing.
Disbursements of deposits
Disbursement of an earnest money deposit shall be made at consummation or termination of the agreement in accordance with the agreement signed by the parties. However, any deposit in the trust account of the broker for which the buyer and seller have maid claim shall remain in the broker’s trust account until a civil action has determined to whom the deposit must be paid, or until the buyer and seller have agreed, in writing, to the disposition of the deposit. The broker may also commence an interpleader with the proper court.
Cooperation with other brokers
The company will cooperate with other brokers at whatever percentage of commission has been agreed to by seller, or on an equal basis with what cooperating brokers offer as compensation if less than half.
Referral Policy
All referral, cooperation, co-participation or compensation agreements between individuals in the company shall be in writing and approved by the company. Work or transactions which are not handled by the company or are otherwise outside the expertise of it’s personnel shall be referred elsewhere upon a compensation basis approved by the company and allowed under applicable law.
Arbitration of Disputes
By accepting a position with this company, all salespersons and associate brokers agree that disputes between them are to be settled within the company by the broker. If salespersons or associate brokers have a dispute which they are unable to settle, either party may submit their grievance to the principle broker for the company. The broker shall then interview both parties, and act to resolve the dispute. The parties will be bound by the broker’s findings.
Disputes with outside parties (If applicable)
The decision to initiate, settle, or compromise any dispute, arbitration or litigation with an outside party lies solely with the company. If it becomes necessary to sue for a commission, all expenses, including attorney’s fees, shall be borne by the company and salesperson or associate broker in the same percentage as their respective portion of earned commissions, whether or not such a commission is recovered. If the company is sued as a result of activities or conduct of a salesperson or associate broker, the cost of defense, including attorney’s fees, shall be borne by the company and salesperson or associate broker in the same percentage as their respective portion of the commission earned on the transaction. If the company is found liable as a result of activities or conduct of the salesperson or associate broker, salesperson or associate broker shall reimburse the company for its cost, including attorney’s fees.
Responsibility to report cash payments over $10,000.00
The company is required to report all cash payments over $10,000.00 to the IRS on Form 8300 in accordance with applicable IRS regulations.All company personnel must familiarize themselves with the current IRS regulation and report to the company any cash payments over $10,000.00 in any transaction in which they participate.
Automobile Insurance
Company personnel who drive on company business must maintain automobile liability insurance coverage for personal injury and property damage in the minimum amount of $500,000.00. A current, valid certificate of insurance must be provided to the company.
Recommendations to obtain professional advice
All personnel understand and agree that the company is not an inspection firm, attorney, constructural engineer, accountant, tax consultant, financial planner, or such, and when such need arises, suggest an outside expert be retained to answer any such questions. It is company policy to not recommend an entity or person above another. It is the sole responsibility of the client or customer to decide on which professional to retain. In order to discourage even the appearance of a conflict of interest, it is company policy not to encourage, seek, or obtain any compensation for or from any such services.
Agency responsibilities
It is company policy to practice a traditional style of agency. When a licensee signs a service provision agreement, all affiliated licensees shall be deemed to be acting in the same capacity as the agent signing the agreement. If a buyer under a buyer’s agency contract (even if it is an implied buyer’s agency), becomes interested in a listing of the company, it is our policy to get written permission from both buyer and seller to act as a disclosed dual agent in that transaction before proceeding. In no instance will undisclosed dual agency be tolerated.
Client or customer complaints
All complaints shall be reported to the supervising broker, or associate broker. If the salesperson is able to handle the complaint without assistance, this shall be documented and placed in the file of the transaction with a copy of the report delivered to the supervising broker or associate broker.
Acquiring interests in listed properties
It is the policy of this company, in compliance with the Occupational Code to disclose the license status of the buyer before the offer to purchase is presented to the seller. Written evidence shall be signed by the seller and maintained in the file with the transaction. No licensed personnel in this company shall receive any portion of the commission without written permission of the seller of specific compensation being paid to the licensee.
Floor time
Floor time is opportunity time. A schedule will be generated by the broker, or office manager. Any personnel desiring floor time shall notify the broker or office manager of their interest. If a scheduled salesperson cannot cover their floor days, it is up to the salesperson to find a replacement. In no instance shall personnel sign up for floor time and not cover such time. Floor time is not time to schedule private appointments. It is company policy to have at least two agents on the floor each day, with agents splitting the day as primary or back-up. Primary agent will answer all calls, and if busy with a call, then back-up agent will take the call. If the call the primary agent answers is company business which has no lead associated with it, then back-up agent will turn their call over to the primary agent when primary agent is free. If primary agent is busy conducting business which may develop into a lead, then the back-up call is retained by the back-up agent and back-up agent is free to keep any lead they may develop from that call. If a call comes in where an agent already working with a client or customer is not in, then whoever takes the call shall be cooperative to the client or customer, answer what questions possible and notify the agent working with the caller what transpired. This is a courtesy the company demands of all salespeople and associate brokers. These types of calls shall not result in a lead for the answering agent. The broker or office manager shall designate which agent is primary in the morning and which agent is primary in the afternoon, however agents may trade as they see fit as long as both agree.
Correspondence
All correspondence on company letterhead shall be approved by the broker, and a copy shall be provided to the company.
Dress code
Proper attire, so as to present the correct professional image, shall be worn at all times when conducting business or when at the office. Attire appropriate to the location or occasion shall be considered appropriate. Jeans may be worn as long as they present the proper image for the company.
Office hours and vacations
The company from time to time shall post the regular office hours. We shall be officially closed on Christmas, Easter, and Thanksgiving. If personnel are using the office on those days, they shall not put out the open signs.
Office supplies and equipment
The office equipment, such as computers, copy machine, fax machine, and so forth are provided for the use of personnel. If they are not working correctly, this must be reported immediately to the broker or associate broker. Reasonable use of supplies is permitted. If personnel is requiring a major quantity of some office supply, this should be discussed with the broker. For example, more than 500 copies of an item may be less expensively produced by an outside source.
Building use
The building shall be available to the personnel during regular business hours. The portion of the building that is available for personnel to work floor time, or store personal files shall be available off hours by key.
Other licenses of company personnel
If personnel carry licenses other than broker, associate broker, or salesperson these shall not be utilized in connection with any transaction without the written permission of broker or associate broker.
The undersigned acknowledges that he/she has received a copy of the Policy and Procedures Manual for the company and agrees to abide by its terms and all amendments which may be adopted by the company from time to time.
Date: ____________
Licensee __________________________________