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====== Company Policies ====== The main reason for the existence of the company is to create a profit for all its members. Honest dealing and aggressive planned work habits guarantee the success of any Associate. It is not enough to want to be a member of the real estate community because an Associate enjoys working with people – if that is the only motivation, then perhaps that Associate would be best advised to become a social worker.Every gesture must be aimed at professionally providing the service for which we are contracted and maintaining a profit margin consistent with the work accomplished.Throughout your association with the company you will be asked to excel. The Associate who waits for the phone to ring always has more time than income. Create your own luck and prosper with the company. ===== Internet Policy ===== An internet policy statement is essential for every office. If conduct is not defined, any conduct is acceptable. * No software not licensed to the company is permitted to be installed on any workstation. * The downloading or viewing of illegal, pornographic or hateful material is not tolerated. Any violation is basis for immediate termination from the company. In addition, the company may notify appropriate authorities. * No content may be posted on any website without the written approval of the manager prior to posting. Intended new postings or changes to an existing website must be in writing and approved by the broker/manager prior to posting online. * A company e-mail address is preferred when conducting company business. * Company files may not be downloaded to an associate’s computer without prior written approval of management. * Any internet e-mail advertising campaign must be approved in writing by the manager prior to submission to the public. * A log of all incoming and outgoing e-mail messages, along with a log of all websites visited on all company computers, may be maintained by management. These logs constitute company records and will be preserved. ===== Sexual Orientation===== Sexual orientation is irrelevant. To discriminate violates many state ordinances and Article 10 of the Code of Ethics and Standards of Practice of the National Association of Realtors. The Company will not tolerate any form of sexual harassment. ===== Harassment Policy ===== Alton Clark Realty strives to create and maintain a work environment in which people are treated with dignity, decency and respect. The environment of the company should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Employees should be able to work and learn in a safe, yet stimulating atmosphere. The accomplishment of this goal is essential to the mission of the company. For that reason, the Alton Clark Realty will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, Alton Clark Realty will seek to prevent, correct and discipline behavior that violates this policy. All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based upon the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension or termination of employment and is at the sole discretion of the broker. ==== Prohibited Conduct Under This Policy ==== === Discrimination === - It is a violation of this policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity, genetic information or marital status. - Discrimination of this kind also may be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act 1964, the Age Discrimination Act of 1975, and the Americans With Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws. - Discrimination in violation of this policy will be subject to severe sanctions up to and including termination. === Harassment === Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment of any kind, and the company will take appropriate action swiftly to address any violations of this policy. The definition of harassment is verbal or physical conduct designed to threaten, intimidate or coerce. Also, verbal taunting (including racial and ethnic slurs) that, in the employee’s opinion, impairs his or her ability to perform his or her job. Harassment on the basis of any other protected characteristic also is strictly prohibited. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, citizenship, genetic information or any other characteristic protected by law and that: (I) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely affects an individual’s employment opportunities. Harassing conduct includes, but is not limited to epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time or using company equipment by email, phone (including voice messages), text messages, social networking sites, etc. Examples of harassment are: - Verbal: Comments that are not flattering or are unwelcome regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body disability or appearance. Epithets, slurs, negative stereotyping. - Nonverbal: Distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of national origin, race color, religion, age, gender, sexual orientation, pregnancy, appearance disability, gender identity, marital or other protected status. === Sexual Harassment === Sexual harassment in any form is prohibited under this policy. Sexual harassment is a form of discrimination and is unlawful under Title VII of the Civil Rights Act of 1964. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…when…submission to or rejection of such conduct is used as the basis for employment decisions…or such conduct has the purpose or effect of…creating an intimidating, hostile or offensive working environment.” Sexual harassment includes unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct: - Is made explicitly or implicitly a term or condition of employment. - Is used as a basis for an employment decision. - Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment. - Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, that is personally offensive, that lowers morale and therefore interferes with work effectiveness. Sexual harassment may take different forms. Examples of conduct that may constitute sexual harassment are: * Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats. Requests for any type of sexual favor (this includes repeated, unwelcome requests for dates). Verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sex oriented and considered unwelcome. * Nonverbal: The distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, email, photos, text messages, Internet postings, etc., that is sexual in nature. * Physical: Unwelcome, unwanted physical contact, including but not limited to touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling; forced sexual intercourse or assault. * Normal, courteous, mutually respectful, pleasant, noncoercive interactions between employees, including men and women, that are acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment. There are basically two types of sexual harassment: * “Quid pro quo” harassment, where submission to harassment is used as the basis for employment decisions. Employee benefits such as raises, promotions, better working hours, etc., are directly linked to compliance with sexual advances. Therefore, only someone in a supervisory capacity (with the authority to grant such benefits) can engage in quid pro quo harassment. Example: A supervisor promising an employee a raise if she goes on a date with him; a manager telling an employee she will fire him if he does not have sex with her. * “Hostile work environment,” where the harassment creates an offensive and unpleasant working environment. Hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials or even unwelcome physical contact as a regular part of the work environment. Texts, emails, cartoons or posters of a sexual nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all fall into this category. === Workplace Bullying === Alton Clark Realty defines bullying as “repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment. Such behavior violates Alton Clark Realty policies which clearly states that all employees be treated with dignity and respect. The purpose of this policy is to communicate to all associates/employees, including supervisors, managers and executives that Alton Clark Realty will not in any instance tolerate bullying behavior. Associates/Employees found in violation of this policy will be disciplined, up to and including termination. Bullying may be intentional or unintentional. However, it must be noted that where an allegation of bullying is made, the intention of the alleged bully is irrelevant, and will not be given consideration when meting out discipline. As in sexual harassment, it is the effect of the behavior upon the individual which is important. Alton Clark Realty considers the following types of behavior examples of bullying: * Verbal Bullying: slandering, ridiculing or maligning a person or his/her family; persistent name calling which is hurtful, insulting or humiliating; using a person as butt of jokes; abusive and offensive remarks. * Physical Bullying: pushing; shoving; kicking; poking; tripping; assault, or threat of physical assault; damage to a person’s work area or property * Gesture Bullying: non-verbal threatening gestures, glances which can convey threatening messages * Exclusion: socially or physically excluding or disregarding a person in work-related activities In addition, the following examples may constitute or contribute to evidence of bullying in the workplace: - Persistent singling out of one person - Shouting, raising voice at an individual in public and/or in private - Using verbal or obscene gestures - Not allowing the person to speak or express him/herself (i.e., ignoring or interrupting). - Personal insults and use of offensive nicknames - Public humiliation in any form - Constant criticism on matters unrelated or minimally related to the person’s job performance or description - Ignoring/interrupting an individual at meetings - Public reprimands - Repeatedly accusing someone of errors which cannot be documented - Deliberately interfering with mail and other communications - Spreading rumors and gossip regarding individuals - Encouraging others to disregard a supervisor’s instructions - Manipulating the ability of someone to do their work (e.g.,overloading, underloading, withholding information, setting meaningless tasks, setting deadlines that cannot be met, giving deliberately ambiguous instructions) - Inflicting menial tasks not in keeping with the normal responsibilities of the job - Taking credit for another person’s ideas - Refusing reasonable requests for leave in the absence of work-related reasons not to grant leave - Deliberately excluding an individual or isolating them from work-related activities (meetings, etc) - Unwanted physical contact, physical abuse or threats of abuse to an individual or an individual’s property (defacing or marking up property) ==== Retaliation ==== No hardship, no loss or benefit, and no penalty may be imposed on an associate/employee as punishment for: - Filing or responding to a bona fide complaint of discrimination or harassment. - Appearing as a witness in the investigation of a complaint. - Serving as an investigator. - Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to severe sanctions up to and including termination. If you feel you have been retaliated against, notify your supervisor, the department head or the Human Resources Department. ==== The complaint process ==== Any person electing to utilize this complaint resolution procedure will be treated courteously, the problem handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a complaint will in no way be used against the employee nor will it have an adverse impact on the individual’s employment status. While reporting such incidents would be a difficult personal experience, allowing harassment activities to continue will most certainly lead to less desirable outcomes. For that reason, employees are strongly urged to utilize this procedure. However, filing groundless and malicious complaints is an abuse of this policy and is prohibited. === Confidentiality === During the complaint process, while the confidentiality of the information received, the privacy of the individuals involved, and the wishes of the complaining person regarding action by the office cannot be guaranteed in every instance, they will be protected to as great a degree as is legally possible. The expressed wishes of the complaining person for confidentiality will be considered in the context of the company’s legal obligation to act upon the charge and the right of the charged party to obtain information. In most cases, however, confidentiality will be strictly maintained by the company and those involved in the investigation. In addition, any notes or documents written by or received by the person(s) conducting the investigation will be kept confidential to the extent possible and according to any existing state or federal law. === Complaint Procedure === The following complaint procedure will be followed in order to address a complaint regarding harassment, discrimination or retaliation. - A person who feels harassed, discriminated or retaliated against may initiate the complaint process by filing a **written and signed complaint** with the broker/manager. No formal action will be taken against any person under this policy unless a written and signed complaint is on file containing sufficient details to allow the broker/manager to determine if the policy may have been violated. If a broker or manager becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an employee coming forward, the broker or manager should immediately report it to the CEO. - Upon receiving the complaint, or being advised by a broker or manager that violation of this policy may be occurring, the CEO will review the complaint with the Alton Clark Realty’s legal counsel. - False and malicious complaints of harassment, discrimination or retaliation (as opposed to complaints that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action. ===== Associates Contracts ===== It is a condition precedent to association with the Company that each Associate enter into a contract defining both status and obligation as an Independent Contractor or Employee. Broker and Associate agree to enter into the agreement on a yearly basis. Each Associate and Broker shall maintain one copy of this contract. ===== Minimum Standards ===== This office maintains minimum standards. If an Associate cannot meet these standards by listing and selling real estate, that Associate’s tenure shall be terminated. Your broker/manager may allow a probationary period. If it becomes apparent that an Associate is unable to meet the minimum standard a dehiring will occur. It is better for the Company and the Associate if the Associate resigns before being asked to leave. Not all people can be effective Associates. If the Associate cannot do the job, it is unfair to the Company and the Associate to continue together. A career adjustment would be beneficial to both. Every courtesy will be extended by the management of this Company. ===== Independent Contractor Status ===== In order to maintain our Independent Contractor status, the following items are both understood and followed in day-to-day operations: * Associate pays all their own dues. * Associate pays auto expenses without compensation from Broker. * Associate pays own entertainment expenses without reimbursement. * Associate has not been required to maintain specific floor day schedules, nor forced to attend meetings. * Associate is not required to meet mandatory quotas. * Each Associate shall decide individually when to take vacations. * Associate pays own income tax and FICA. * Associate receives no minimum salary or sick pay. * Association with Broker may be terminated by either party at any time upon notice, but the rights of the parties to any fees which accrue prior to said parting shall not be divested by either party. * This policy manual is advisory only. * Each Associate is directly subject to sanctions from governmental bodies and the Code of Ethics of the National Association of REALTORS®. An Associate is not required to join training programs or group programs. ===== Code Of Ethics ===== The Company and each Associate of the Company agrees to strictly adhere to the Code of Ethics of the National Association of REALTORS®. ===== Confidential Monthly Report ===== The following information will be made available to each Associate upon request on a monthly basis: Yearly earnings, number of listings acquired, sold, and the number of offers acquired. In addition, sale to list price, office sale to list price, average residential list and sale price, number of listings expiring unsold, and a summary of additional statistical information. These figures will include month-to-date and year-to-date breakdowns.This information is helpful and should be analyzed closely. It is confidential and the compliance with our Agency relationship shall not be discharged. ===== Commission splits ===== Our commission splits are determined by the Company. Please see the Agent Application for a commission breakdown. It is essential that real estate be properly priced and secured with a six month Exclusive Right of Sale Listing Contract. If these variables are significantly interrupted, we can no longer offer to current levels of service to the public and Agents. Agent owned real estate is eligible to receive 100% of the commission proceeds so long as the real estate bought or sold is in the agents name or a company name that the agent is a registered member according to www.sunbiz.org. ===== Joint Ventures ===== The Company Joint Venture commission is the remaining commission income after another office shares in a sale with us. The Company will share that fee with the listing or selling Associate, as appropriate. See the agreement upon commission schedule in the Associate Application ===== Automobile Insurance ===== Associates and Employees who drive while conducting business for Alton Clark Realty shall at all times have a valid and current drivers license and current automobile insurance with a minimum level of $100,000 liability per person and $300,000 per accident and Alton Clark Realty must be named as additionally insured. A current copy of the Associate’s or Employee’s policy shall be on file at all times. Failure to do so may result in the release of the Associate’s real estate license or termination of employment. Associates and Employees must comply with all state laws regarding seat belts and car seats for children. ===== National Association of Realtors® Membership ===== Each Associate must be a dues paying member of the National Association of REALTORS®, the State Association of REALTORS® and the local Board or Association of REALTORS®. There are many benefits to be gained by REALTOR® membership. Such benefits include use of the Realtors’ library, outstanding real estate course work, and the opportunity to share experiences with other REALTORS® and REALTOR-Associates®. ===== Business Apparel ===== Associates shall wear business apparel. Casual clothes are inappropriate during business hours. Successful Associates project a successful image.This company has invested a great deal of money to assist in your success. Business apparel is one of your contributions to this image. ===== Personal Real Estate ===== Alton Clark Realty expects that its Associates could-or-may own, purchase, and sell real estate while affiliated with the Company. On a personal sale/purchase of a property, the commission shall be 100% to the Associate minus the current **Additional Commission/Transaction Fee** charged by ACR at the time of the closing which is $295 on all properties regardless of price. The property must be in the Associates name or a company in which the Associate is a registered agent. Associates must also be active members of the Company on the closing date and have no outstanding or overdue balances. For Associates whose license isn’t active when the transaction closes, the Associate will be immediately transferred to the Alton Clark Referral Group and paid a 25% referral fee minus the $100 Alton Clark Referral Group Enrollment Fee. Per Company policy, Associate owned/purchased properties are subject to the following requirements: * The property must receive a professional home inspection that is paid for by buyer or waived in writing. * All Seller Disclosures must be executed by all parties. * The parties must use standard FAR/BAR forms and sales contracts. * It must be stated per standard policy that the Associate as a buyer or seller is a licensed real estate agent and/or broker. All Associate listings are to be listed with the Company. All personal transaction advertising and fees must adhere to Company policies and practices. If any manner of marketing (photography, videography, etc.) is requested by the owner/agent, they will pay the Ala Carte pricing as opposed to receiving free marketing on normal sales. Principal Broker approval, in writing, is required for all personal advertising. The Associate must pay all fees and advertising on 100% Commission transactions. ===== Vacations ===== The importance of vacations cannot be stressed highly enough. Every hard working Associate periodically becomes “tired.” A distant vacation removes the Associate completely from the real estate environment. Being able to maintain a perspective is very important to the Associate’s mental and physical health. It is recommended that an Associate take a vacation whenever this need is recognized. The perspective of being away from the office and in a different environment is most important and enriching and ultimately adds to the Associate’s motivation and productivity. ===== Bonus Programs and Awards ===== From time to time, this office will participate in Bonus Programs. It must be stressed that these Bonus Programs are designed for self-challenge, not direct competition against colleagues. If the bonus is a dollar amount, it will be added to Internal Revenue Service (IRS) reporting form 1099, which an Associate receives at the end of the taxable year. This amount reflects commission income. The type of Bonus Program established will be in writing and submitted to all Associates during staff meetings. ===== Illness ===== In case of illness, it shall be the option of the Associate to return or not return to work, and to set a suitable timetable. Please confer with the Broker/Manager as soon as possible so that appropriate scheduling can be done. The broker/manager agrees to make every effort to return an Associate to an active sales position as soon as that Associate’s health warrants. ===== Complaints by Customers or Principals ===== The only commodity that this Company has to sell is service. Our Company cannot operate profitably if its representatives are the object of complaints by either principals or customers. The following procedure shall be adhered to regarding complaints: Upon receiving a complaint from either a customer or principal, the Broker/Manager will discuss the issue with the Associate involved and determine whether the complaint is justified or unjustified. If valid, the offending Associate may be placed on probation insofar as the complaining customer or principal is concerned and will be expected to handle this person without further incident. Management does not anticipate having to go beyond this point. If a second complaint is made by a customer, then the offending Associate shall lose the prospect who will be assigned another Associate. The only way to avoid becoming involved with this sort of problem is to provide the kind of service to every customer or principal that you would like to receive from them. We are paid for service, nothing else. ===== Termination ===== It is acknowledged that occasionally an Associate may terminate association with the Company. At that time the Associate no longer represents the Company completely. A loyalty will hopefully remain but the decision to depart will interfere with the day to day operation and rapport with both Broker/Manager and other Associates. In the event of an Associate’s termination with the Company, that Associate will be paid any fees due and owing that are in the process of closing. No fees will be paid on listing contracts not currently under a purchase and sales agreement. Listing Contracts are the personal property of the Company. Listings of a terminated Associate will be assigned by the Company to another Associate at the sole discretion of the broker/manager. The renewal or relisting of expired or canceled Listing Contracts by another Associate shall not be a basis of a commission due and owing if the property did not sell during the association of the terminated Associate. It should be noted that any violations of company policies could be grounds for immediate termination from the company and will be in the sole discretion of the broker/manager. ===== Assignment of Listing Contracts ===== When an Associate leaves this Company, the Broker/Manager will reassign all listings. The departing Associate may not assign or promise these listings to another Associate – it is the prerogative of the Broker/Manager. ===== Recruiting Other Associates ===== Due to the potential influx of sales personnel, it is recommended that Associates keep alert for potential Associates who may fit into our organization. It is important that any new Associate be able to work with those in this office. Suggestions to the Broker/Manager by Associates are appreciated and can result in a sponsorship override of 7% depending on the agents level of expertise and commission structure awarded to new prospect. This 7% applies to full time agents or those who have closed at least 5 deals in the last 12 months. Anyone who closes less than 5 deals is eligible to receive 5% in a commission override. Please note that all percentage overrides are for "New Agents" and do eventually will be reduced to 2.5% and even 0% as agents progress to the highest split levels awarded by Alton Clark. ===== Assisting New Personnel ===== Please recall how you were treated when you first became associated with the Company. Every effort was made to answer any question, to orient you, and to provide enough assistance to become successful in this business. Please extend every consideration to any new Associate. If you see a New Associate doing something they should not, please indicate it directly to the Associate, or to the Broker/Manager, as the situation warrants. It is a difficult experience to become associated with a new organization, and small acts of kindness and assistance go far in encouraging that a new Associate will be successful. ===== Office Hours ===== Our office hours are 9am to 5pm Monday through Friday. When the office remains open after the Office Administrator has left, it is the attending Associate’s responsibility to lower the air, turn off all lights, and satisfactorily secure it Please be thorough in locking the office and securing the premises. All Associates will be available during office hours. ===== Staff Meetings ===== Staff meetings will be held from time to time. At these meetings we bring up new business, discuss listings and showings, policies and procedure, and discuss any problems that may arise. It is strongly recommended that all Associates attend staff meetings whenever they desire, as they are for the benefit of the entire staff. If an Associate is having a problem or would like to discuss any matter, that Associate is encouraged to do so at the staff meeting or privately with the Broker/Manager. ===== Office Conduct ===== It is recognized by your Broker/Manager that positive, comfortable working conditions will directly influence the productivity of each Associate. Therefore, it has been the policy to maintain a most comfortable, well equipped real estate brokerage. Please use these resources wisely. While it is the intent of your Broker/Manager to maintain a comfortable working environment, it must be stressed that the office is not a place to regularly socialize. Friendly bantering and discussion will take place in any well balanced office; however, our purpose in being together is to list and sell real estate. General socializing is best left for another environment. If an Associate is in the office, that Associate is in the office to list or sell real estate, not to socialize. ===== Politics ===== Each Associate has the sole discretion to believe or not to believe in any political system, so long as it does not interfere with the day to day professional conduct of the real estate business as it relates to this office. It is inappropriate to discuss politics in the presence of customers or principals. ===== Alcoholic Beverages ===== Alcoholic beverages will neither be stored nor consumed on the premises. Violations can result in immediate termination. ===== Administrative Assistant ===== The Company maintains an Office Administrator during regular business hours. Associates are invited to use the services of the Administrator to efficiently carry out the listing, and selling of real estate. Please understand that the Office Administrator has many obligations, and works within a limited time frame, so if it is possible to handle routine matters on your own, please do so. The Office Administrator is always willing to come to your aid whenever you request it. ===== Confidentiality ===== The confidential nature of our business cannot be stressed strongly enough. It is most important that what each Associate hears in this office and in the course of doing business be kept within the confines of our walls. A sure way to ruin is to find that the staff members cannot hold trade secrets that are entrusted to them. This includes never discussing names of customers or principals with anyone. When in doubt, seek the council of your Broker/Manager. It is highly inappropriate to discuss such matters with the post person, neighbors, friends, or anyone else who does not qualify for this knowledge. Any violation shall result in automatic termination and possible prosecution. ===== Office Records ===== Office records are the sole property of the Company. Under no circumstance is it acceptable for Associates to peruse the accounting files or other administrative records without prior consent of the Broker/Manager.It is important to return any copies of office documents for shredding within 48 hours of any closing. The company is responsible for record retention and for maintaining the confidentiality and security of office documents. Any exception must be in writing and signed by the manager and agent. ===== Office Property ===== Any property furnished for the purpose of obtaining and selling real estate is the sole property of the Company, and is to be returned upon termination. Office property includes signs, prospect cards, copies of all agreements, this policy manual, office keys, and whatever personal property purchased by the office now in the possession of the Associate. Listing and Purchase Contract copies shall also remain with the office. Any failure to promptly return Company property shall be dealt with as breach of trust or larceny. Taking the original of any document is larceny. Photocopying materials and removing them from the office is evidence of bad faith. Either occasion may warrant prosecution by the Company. ===== Messages ===== It is important that every Associate log any message to other Associates. Please be accurate with the name and phone number in addition to the time and date called. A duplicate of every message taken will be maintained by the Company for reference. ===== Mobile Homes ===== It is the policy of the Company not to list mobile homes unless they are situated on real estate to be conveyed with the mobile. The Company does not sell personal property. Mobile homes not attached to real property should not be listed. ===== Empty Houses ===== The Company does not assume any responsibility, except through its own negligence, for the security of vacant houses. If an agent lists property that is vacant, please ask the owner to issue a neighbor, friend or relative the key to that property so that the air conditioning, heating, plumbing and electrical systems may be periodically inspected. We can accept no liability for the premises. Under no circumstance will an Associate bind the Company to any such verbal or written agreement. ===== Listing Presentation Package ===== It is recommended that each Associate prepare a listing presentation for use in obtaining listings. It should include example photographs, examples of marketing media, Associate information, copies of contracts and additional information necessary to inform the public of the Company services. Material is available from the Broker/Manager and Secretary, and other Associates will be glad to share their knowledge and allow examination of their Listing Presentation Books for details and ideas. ===== Office contact ===== It is necessary that each Associate be accessible during all business hours. ===== Cell Phones ===== Associates should obtain a cell phone, to facilitate constant contact with the office. This serves the principal, customer, Company and the Associate by allowing immediate availability. This is full time profession, and if a principal or prospect cannot get in touch with the Associate, they will find someone else who is more accessible. Associates are urged to keep their Communicators on during all office hours, and on their person when away from home after office hours. No other Associate will bother an Associate after hours unless the situation is important enough to warrant it. ===== Telephones ===== The sole purpose of the telephone is to arrange face to face contact. Very little real estate is sold over the phone. However, the phone can be an effective tool if used properly and can increase an Associates’ income. Attitude is important when using the telephone. No Associate will make a sale if the customer perceives him as being grouchy or uninterested. Full cooperation is required to retain these phone privileges. ===== Repeat Business ===== When a potential principal/customer indicates previous contact with the Company to an Associate/Employee that person should ask whether or not they wish to deal with that original contact. If yes, they should be turned over to that Associate. If not, they are considered legitimate new business. It is the principal/customer prerogative. Please remember to treat each Associate with courtesy. Remember to practice the Golden Rule! ===== Follow Up ===== The importance of follow up calls cannot be stressed strongly enough. There is always a regular listing and selling income for the Associate who diligently follows up each potential principal or customer. Attention to detail produces income. The message book is an excellent source for call back. Follow up calls are also an excellent source of new business. Ask the following questions of every contact and you will significantly increase your income: * “Do you have any real estate needs?” * “Do you know of anyone who has real estate to sell?” * “Do you know of anyone who is looking for real estate?” The ability to follow up on all customer and principal inquiries, in addition to the consistent asking of the above questions makes the difference between a mediocre and superior Associate. ===== Obligations of Listing Agent ===== The listing Associate has ultimate responsibility for servicing Their listings. This includes keeping in regular contact with the principal and setting up any showing appointments for Associates of this or any other office. If an Associate is particularly busy or wishes the extra help, the Office Administrator will be glad to assist in the setting up of appointments. However, it is the listing Associate’s ultimate responsibility to serve each principal or customer. ===== Servicing the Transaction ===== It is necessary for both the listing and the selling Associate to cooperate in servicing a transaction. The listing Associate will service as much of the transaction as possible as it relates to the seller’s needs. The selling Associate shall satisfy the purchaser’s demands. The Broker/Manager will offer whatever assistance possible. In the event of a problem, please contact the Broker/Manager so that these problems may be mutually and satisfactorily resolved. The listing Associate should call the seller weekly and fully inform her of any progress in the transaction. This avoids confusion that may occur at the time of closing when both parties are not fully aware of all aspects of the transaction. All associates are required to collect an additional commission of $295 per transaction for homes above $100,000 and $150 for all homes under $100,000. These additional commissions must be reflected on the Closing Disclosure or they will be taken out of the agents commission before disbursement. ===== Escrow Monies ===== Any deposit on real estate must be immediately deposited, according to the Real Estate Commission. This has been interpreted to mean 72 business hours or the third banking day (Florida). The office suggests a 10% deposit on any sale but this isn’t always possible. If the Purchase Agreement is subject to any government assisted financing (such as Federal Housing Administration, or Veteran’s Administration financing), then a lesser amount may be satisfactory. We must accept any deposit presented unless otherwise authorized in writing. It is unacceptable to take a postdated check unless noted on the Purchase Agreement and/or to assure a prospect that a check will not be immediately deposited. We comply to the spirit and letter with license law. Please remind the customer that no refund may be made until her check clears its host bank. We may not follow instructions to not deposit a check until a purchaser has a chance to get back home. Checks must be deposited immediately. ===== Release of Escrow Funds ===== No funds shall be released from escrow unless they have cleared their host banks. The only exception is when the Company receives cash or a cashier’s or certified check. No funds shall be released after a Purchase Agreement has been accepted without the signatures of both the buyer and seller. If there is not agreement regarding the release of Escrow’d monies, the broker is to be immediately notified as the Real Estate Commission must be notified, in writing. Trust money is sacred, out of the hands of interested parties, and will be treated as such. In the event of an escrow dispute, implied or actual, the Manager is to be immediately notified so that she can notify the Real Estate Commission, and assist in the satisfactory resolution of that dispute. ===== Costs After Closing ===== The Company does everything possible to see that no costs are incurred after a transaction has closed. If a cost is incurred after closing and the Associate is at fault, that Associate is responsible for 100% of the after closing costs. If the fault cannot be accurately determined, then the costs are divided into a ratio commensurate with benefits received. ===== Complaints ===== If an Associate has a complaint, directly approach the Manager so that it may be resolved. If complaints are bantered among Associates without theBroker/Manager’s knowledge, the natural tendency will be for morale to suffer. Every reasonable alternative will be considered, and an amicable solution will be striven for, whatever the complaint and whenever possible. ===== Associate Disputes ===== It is the policy of this office to avoid Associate disputes. If a dispute arises over which Associate should deal with a certain prospect, those Associates should attempt to work out an amicable agreement. If an acceptable settlement cannot be reached, the matter shall be turned over to the Broker/Manager who will make the final decision. ===== Commission Disputes ===== In the event of a dispute over commissions, it is the obligation of those Associates involved to amicably resolve the problem. Only upon the request of one or both parties will the Broker/Manager enter and make the final decision. We work on a team basis. Full trust is necessary among all Associates. Violation of this trust will not be tolerated. Under no circumstance is it acceptable to involve a customer or principal, past or present, in an internal commission dispute. ===== Simultaneous Offers ===== It is inevitable that simultaneous offers and deposits be received for the same parcel of real estate. In that event, all offers tendered (oral or written) will be immediately submitted to the seller. No Associate involved shall take unfair advantage of the situation by informing their purchaser of the amount of other offers. In the event of a simultaneous offer, no Associate shall take any step without first consulting with both the Manager and the other Associate, in that order. Do not divulge the prices to prospective purchasers. Seek the advice of the Manager or Company attorney. Tread carefully. If a simultaneous offer is to occur, please let the Broker/Manager know early enough so that she may be informed of all stages of the transaction from the time offers are anticipated or received. It is inevitable that one party will get the property. With this in mind, a sense of fair play is absolutely necessary and the Code of Ethics must be strictly enforced. It is not difficult to be honest when the outcome of the situation will be in your favor – a test of honesty will occur when an Associate must make a decision knowing that his purchaser may not get the house. Honesty is essential in all phases of the real estate business. ===== Liquidated Damages ===== It is the policy of this office to avoid liquidated damages whenever possible. We must rely on our income from the successful closing of real estate transactions, not liquidated damages. Consistency with our Purchase Agreement indicates that the Company has the right to retain all deposit monies (not to exceed the amount of the commission) in case of a contract breached by a purchaser. If this situation should arise, the liquidated damages will be distributed according to each Associate’s interest in the transaction. The Broker/Manager will make the final decision regarding liquidated damages after consultation with any Associates involved. ===== Litigation ===== It is this Company’s policy to avoid litigation whenever possible. The Broker/Manager will make the final decision whether litigation will be commenced. An Associate has two options if litigation is initiated by the Company: An Associate may pay our attorney an amount of money commensurate with the benefits received from the transaction; that is, if an Associate would earn x % of the fee they are responsible for x % of the legal costs. These fees are not reimbursed if the case is lost. If an Associate does not wish to become a party to the litigation that Associate is not charged of any legal fee nor does she receive liquidated damages rewarded. In any event, it is the duty of each Associate to cooperate with the Company, and honestly reflect all facts. If an Associate is sued, immediately notify the Broker/Manager. Each Associate shall bear the cost of their legal defense. In all cases the Company attorney shall have access to all facts. ===== Rental Referral Services ===== The Company does not actively engage in rental management, except under unusual circumstances. Most offices charge a fee for this service. In order to promote good will, we will put prospective tenants directly in contact with home owners simply by registering the home owner’s name and phone number, upon request of the purchase. Any prospective tenants calling for a rental unit will be given these names and phone numbers. This service is available to anyone who buys and sells through the Company. ===== Inter-Office Relations ===== ==== Real Estate Listed by Other Offices ==== If a prospect wants to see property listed with another office, it is the Associate’s obligation to contact the other company and allow that office to set up the showing. Only if the listing company gives specific permission to an Associate to set up an appointment should that Associate contact the owner. It is important for all Associates to follow this procedure, as we expect other offices to make their showing appointments through us. Be familiar with all rules of your Multiple Listing Service. We are Multiple Listing Service members. Your thorough understanding of the MLS system will earn you many thousands of dollars. Be sure to attend all MLS classes. They are regularly offered in this area. It is frustrating to learn that a prospect has purchased listed property through another office when a Company Associate could have sold it. ==== Joint Ventures ==== When selling a property listed by another brokerage, use our Purchase Agreement. Our Company will not hold the deposit money in escrow. It is up to the listing brokerage to submit any Purchase Agreement. If a Company Associate wishes to be present when that Purchase Agreement is presented, please indicate this as early as possible so that arrangements may be made. It is also acceptable for an Associate of another office to be present when his offer is submitted by a Company Associate, Turnabout and all of that. Before delivering a Company Purchase Agreement, please be sure to copy it along with the Listing Contract. Place the copy in a permanent deal file ordered from the Office Administrator. Whenever possible, please present the Purchase Agreement to the Broker/Manager for inspection before it is delivered to the listing office. ===== Errors and Omissions Insurance ===== The Company maintains a current E & O Insurance Policy (Professional Liability). This cover is in the amount of $2,000,000 per incident and $4,000,000 aggregate, with a deductible of $10,000. The use of Home Warranty Programs may reduce the deductible should a lawsuit arise. Associates will be charged a $35 fee per transaction for their portion of the E & O Insurance. Associates may choose to manage their own rental properties at their own risk but MAY NOT manage for a client without running the transaction through the company. All advertising must be approved by the Principal Broker prior to submission for publication, even for Associate-owned rental properties. Associates understand and agree to comply with the depositing of all rental monies for Associate-owned or Client-Owned rentals into the Alton Clark Realty trust account, unless a licensed Property Management Company has been retained by the Associate. The office policy regarding legal bills or problems that arise during the course of business will be handled on a case-by-case basis. The general rule however, is that the Associate and the Company share financial responsibilities in the same proportion as the commission split, at the time of the problem. The Associate MUST communicate with the Company at the time of the first indication of a serious problem so that all reasonable remedies available to avert additional liability can be undertaken. For the Company policy to cover Associate-owned/purchase properties, all properties must have fully executed seller disclosures on file, the parties must use FAR/BAR standardized forms and sales contracts, and it must be stated per standard policy that the Associate as a buyer or seller is a licensed real estate agent and/or Broker. ===== Contracts===== ==== Original Contracts ==== Original contracts are never removed from the office after signing. It is most helpful for an Associate to have a copy of the Listing Contract or MLS sheet for any real estate being shown. Bring a copy, not the original. If the situation does arise where an original contract must be removed, please be sure to leave an exact copy in the deal file along with your receipt. It is acknowledged that it is helpful to an Associate to have a copy of their transactional documents in their possession pending closing. Upon closing of any transaction, the Associate must return all copies in their possession within 48 hours. Violation is basis for termination from the company. ==== Oral Offers ==== Oral offers must be submitted. License law is explicit regarding this issue. Although the seller may request a written offer (which is more likely to prevail) any oral offer must be promptly submitted. Only the principal has the right to demand a written offer even through the oral offer is probably not enforceable. ==== Forms and Clauses ==== Please be familiar with all office contracts and forms. All forms can be found in Back Agent under “Office” then “Documents”. ==== Listing Contracts ==== In order for the Company to remain profitable, it is necessary that the Listing Contract, which is our Employment Contract, be completely and accurately completed. A true and identical copy must be left with the principal signed, not mailed later. Try to obtain a six month listing whenever possible. The Associate is asked to use discretion. Please keep in mind that our current brokerage splits are based on maintaining six month Listing Contracts. When completing the legal description, please include the lot, block, subdivision, and page of the recorded document. Obtain and use the full legal description and names of the owners from a previous deed or title policy or county appraisers office. Our brokerage fees are based on our costs to conduct business. There is no going rate. If asked by anyone about fees of competitors, advise that person to contact those firms directly. At no time do we ever discuss fees with competitors nor will anyone in the company be party to any agreement in restraint of trade. Any violation is in direct conflict with Federal law and Company policy. Stay legal. Stay safe. ==== Cancellation of Listing Contracts ==== It is the policy of this Company not to cancel Listing Contracts. Extenuating circumstances may dictate that a listing be suspended from showings. This should be discussed with the Manager to determine proper procedure. Under extreme situations, it may be necessary to prematurely terminate a Listing Contract. Any cancellation fee will be distributed proportionately as in the case of liquidated damages. If a problem is anticipated notify the Manager. ==== Unlisted Properties ==== Any real estate not secured by a valid Listing Contract should not be shown. There is no obligation for a seller to pay a fee unless the Company is secured by a valid listing contract. Consult with your Manager if there are questions. ==== Purchase Agreements ==== The Purchase Agreement is a vital document, setting forth all terms under which the Company will close a sale. It must be completely filled out. It is also necessary to specify any items of personal property that are to be conveyed with the sale. If the amount of personal property is not significant, it is not necessary to incur the expense of a Bill of Sale. Inform the closing agent or attorney if personal property is included in the sale. If it is not necessary for the purchaser to obtain financing, the terms are CASH. If financing is questionable, please use a Financing Contingency from the FORMS AND CLAUSES book. If the purchaser makes a cash offer and a bona fide unsuccessful attempt to obtain financing, it regrettably becomes necessary to retain the deposit as liquidated damages. The Company would rather sell that prospective purchaser another home, perhaps at a later date. Therefore, if there is any doubt about a purchaser being able to obtain financing, use the appropriate contingency. If the transaction includes a Purchase Money Mortgage, indicate full terms of transaction, stating payments, date of payments, interest rate, to whom payments be made, that the purchaser pay any collection and credit report fee and the location of the Satisfaction of Mortgage along with the proof of title, if applicable. Our standard closing time is thirty days. If the Purchase Agreement covers property to be guaranteed or insured by the government, allow ninety days. The Company suggests that 10% be the minimum deposit on any conventional purchase. If the Purchase Agreement represents a non-conventional sale, a lesser deposit may be necessary. As purchasers it is suggested that both husband and wife sign a Purchase Agreement exactly as they choose to take title. All titleholders must sign the Purchase Agreement. Whichever party signs either a Listing or Purchase Agreement is individually responsible to uphold the terms of the agreement personally (unless acting under corporate powers). ==== Presentations of Purchase Agreements ==== All offers will be transmitted to a principal. Oral offers are included, whether or not accompanied by a deposit. This is a requirement of the Real Estate Commission. The final decision to accept or reject any offer must be made by the principal with no pressure by the Associate. In presenting an offer, it is strongly suggested that an Associate know all costs in advance, and be able to leave the principal with a net sheet. It is important to fully explain the transaction without assuming the posture of attorney. Do not practice law. Remember, we are working for the principal and that principal’s best interests but that does not relieve us of the obligation to treat fairly all parties to the transaction. It is the obligation of the listing Associate to present the offer. If the selling Associate wishes to be present when an offer is submitted, that will be construed to be a reasonable request. Check MLS bylaws. ===== Marketing ===== ==== Signs ==== SOLD signs are the most effective advertising medium and listing tool. SOLD signs are far more effective than classified advertising. SOLD signs should be placed by either the listing or selling Associate immediately if the Purchase Agreement is for cash and does not contain any contingencies, and the listing is ours. If the Purchase Agreement does not contain contingencies, then the SOLD signs should be placed when these are removed. Any sign rider must include the full licensed name of the Associate and license status. If a telephone number is included, it must be identified as an “after hours” number. All cost associated with any sign riders are the responsibility of each agent. Be sure to comply with advertising requirements of the Real Estate Commission. Agents are solely responsible for having sign install forms completed for both the install and removal of signs. Any signs that are installed improperly or illegally will result in the agent being charged a $50 fee. For example, if an agent orders a sign to be installed in a community that doesn’t allow signs, that cost will be passed onto the agent. All listing signs are the property of the company, however, when used on agent listings the signs become the agents responsibility. Any stolen or lost signs or sign posts will result in a $50 charge to the agent. ==== Business Cards ==== Upon joining the brokerage, each agent is given 500 free business cards. It is the responsibility of each Associate to order and pay for any additional business cards at a rate of $55 per 1000. Please contact emarketing@altonclarkrealty.com for details and to place an order. ==== Direct Mail Campaigns ==== The Company will give its support whenever possible in conducting a direct mail campaign. Please contact the Manager with an outline of the type of direct mail campaign you anticipate so that it may be approved and organized for maximum efficiency. The Company computer, data base and word processing software is capable of assisting any Associate in the production of income. A computer literate Associate has access to more resources. All Associates are encouraged to make extensive use of Company resources but any costs associated with direct mail campaigns are the responsibility of each agent. ==== Car Signs ==== Car signs are available at cost – these magnetic panels may be easily removed when desired. ===== Education ===== ==== Continuing Education ==== Continuing education is recommended for all Associates. Excellent courses are available on the local, state and national levels. Locally, courses are available through the Board of REALTORS®. Associates who recognize the importance of continuing real estate education make more money. Associates with a closed mind ultimately fail. Stay flexible. You are in an ever changing business. The only way you can keep up is to continually further your education. The Graduate Realtors Institute® provides a certificate upon successful completion of a number of courses offered through or in conjunction with the Association of REALTORS®, as approved by the Real Estate Commission. Specifics on these courses may be obtained by your local Board of REALTORS®. The National Association of REALTORS® conducts excellent courses dealing with advanced list and selling practices. These courses earn credit toward the Certificate Residential Specialist (CRS). Each Associate pays for all educational expenses. ==== Goal Setting ==== There is a direct correlation between goal setting and success. If you do not know where you are going, any road will get you there. Goal setting will be arranged between the Broker and Associate periodically. It is important that realistic goals be set and striven for. Please remember that goals are minimum standards. A goal setting form is included in the company contracts, forms and clauses manual. The Manager will make available the average selling price and average listing and selling commissions so that each Associate can personally determine the number of transactions to be obtained. It is suggested that each Associate take an active interest in goal setting and do everything possible to obtain those goals. Goals will be reviewed every month by the Associate and the Manager. ==== Self-Fulfilling Prophecies ==== The Self-Fulfilling prophecy is a very powerful force. The best way to be assured of a bad day is to predict one. An open and optimistic attitude, combined with hard work, assures success. There is nothing your mind can perceive that it cannot achieve. Succeed because you choose to succeed.