Policies and Procedures, For Sale In Arizona L.L.C.

dba For Sale In Arizona

Mission Statement

Our mission is to create and support business opportunities for self-starting professionals in the real estate industry. We are dedicated to building long term business relationships with our associates, partners and clients through ethical business standards and sound real estate investments.This is accomplished with our flexible approach to aggressive commission splits for associates. Internally, the company strives to create a fair and honest

environment for all employees and independent contractors based on trust and dedicated team spirit. Management prioritizes empowering everyone at For Sale In Arizona to grow within their positions by providing them the tools and support necessary for a solid working foundation. Working each day to these standards gives the company it’s foundation for growth.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

 

Management

Designated Broker:

The Designated Broker directly supervises all licensees and their activities. This includes,

but is not limited to the, review of sales and marketing related activities, review and

approval of all real estate related transactions, and the handling of licensing and ethics

issues. From time to time, business meetings may be attended and/or arranged and

conducted by the Designated Broker. The Designated Broker will handle most personnel

problems including, issues between associates and issues between Associates and

Owner/Managers. The Designated Broker shall act as the sole authority in all Policies and

Procedures relating to the transaction of real estate. The Designated Broker will provide

assistance and guidance for prospecting, farming, advertising, and personal promotions,

as needed or upon request. Office Owner/Managers and Associates are responsible to the

Designated Broker.

 

 

 

Office Procedures

Office Orientation

All REALTOR® Associates and employees shall receive an "Office Orientation" to be

conducted by a member of the management team, or their designee. This will serve to

familiarize them with general office procedures, order sign riders, business cards and

other available marketing tools... Review and receipt of the company’s Policies and

Procedures and its’ Sexual Harassment Policy shall be included in this orientation.

 

Advertising

For Sale In Arizona must appear on any and all

advertising.

All advertising must meet federal, state, and local requirements. This includes, but is not

limited to, the Federal Truth in Lending Act and Fair Housing guidelines. All advertising

must be submitted to the Designated Broker prior to dissemination. All newspaper line

ads must include "For Sale In Arizona" within the body of the copy. The

Associate is responsible for ordering and paying for advertising.
Any ads places on Craig's List and or similar posting sites must state the name of the brokerage

Property Listings:

It is the Associate’s responsibility to keep all listings current. All changes or

modifications to a listing require the written approval of the owner/s. A copy is required

to be delivered to the Designated Broker.

Business Cards and Signs:

Orders for business cards and signs must be approved by the Designated Broker. If orders

have not been approved by the Broker, and are found to be in violation of policy or law,

the Associate will be asked to cease use of the card and/or sign immediately. Business

cards must have the Associates name, as licensed. (First or last name ONLY is

acceptable)

Signs must have the following information:

1. Associates name, as licensed. (First or last name ONLY is acceptable)

2. Advertised phone number/s MUST be answered, "For Sale In Arizona" first.

Placement and removal of signs are the Associates responsibility. Removal should be

timely. Costs of sign post installation shall be in accordance with the Independent

Contractor Agreement.

Personal Web Sites

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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Associates are encouraged to establish and maintain a personal web site. These web sites

must comply with all federal, state, and local requirements to include, but not be limited

to, Federal Truth in Lending and Fair Housing regulations. To ensure compliance, sites

will be reviewed by the Designated Broker.

Telephone Solicitations

To comply with government regulations, For Sale In Arizona Associates

will adhere to the following policies:

1. Telephone solicitations should not be made before 8:00 am or after 9:00 pm.

2. Identify yourself by name and company to the party answering the phone.

3. Those requesting you not call are to be placed on a list and not be called again.

4. Associates are responsible for compliance within the guidelines set under the

Federal "Do Not Call List" guidelines.

Sales Associates

Independent Contractor Agreement

All Sales Associates and Associate Brokers, collectively referred to as "Associates," must

enter into a written Independent Contractor Agreement as provided by For Sale In Arizona . This Agreement shall clearly set forth the arrangement by and

between For Sale In Arizona, and the Associate. It shall clearly state how the Associate will be paid commissions when the Associate is recognized to be affiliated with For Sale In Arizona. This employment agreement shall be effective on the date of license transfer. It shall be the ultimate responsibility of the Associate to ensure an Independent Contractor Agreement is in force at all times.

Professional Conduct and Memberships

All Associates are hereby governed by the Rules and Regulations of the Arizona

Department of Real Estate and are expected to adhere to those laws and standards of

practice. Each associate is expected to be familiar with those requirements, and conduct

their business legally and ethically at all times. Any willful violation of any applicable

State or Federal laws or regulations is cause for immediate dismissal from For Sale In Arizona.

All Associates must maintain a membership in good standing with the National

Association of REALTORS® (NAR), the Arizona Association of REALTORS® (AAR),

and a local Association of REALTORS®, and the Multiple Listing Service (MLS).

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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As members of the above mentioned associations, all Associates agree to act in

compliance with the standards of practice as set out in each including, but not limited to,

the Code of Ethics adopted by NAR. A copy of that code is made available through NAR.

Also, Associates agree to endeavor to acquire additional education, designations, etc., so

as to maintain a higher degree of competence and integrity.

Legal Counsel and Tax Advice

It is the Company’s intention to handle all real estate transactions in accordance with the

applicable laws and regulations of the State of Arizona. However, from time-to-time,

professional legal advice may be sought through a licensed attorney on behalf of the

Associate. If at all possible, "The Legal Hotline" will be utilized. As outlined in the

Independent Contractor Agreement all legal expenses incurred on behalf of, or in

defense of an Associate are not the responsibility of For Sale In Arizona or it’s Owners, but that of the Associate.

It is highly recommended that if any questions of a legal nature arise, and they cannot be

answered absolutely by the Associate or Management, that the Customer/Client be given

the opportunity to seek their own legal counsel.

Many of the same principles as stated above apply to the handling of tax matters. Again,

all expenses incurred in this regard are the sole responsibility of the Associate. Should an

Associate, or their Assistant, ever be found not to be an Independent Contractor, then all

taxes due shall be the responsibility of the Associate.

It is strongly recommended that if there is any doubt about legal or tax matters in a

certain situation, that legal and/or tax advice be sought from a recognized professional.

Equal Opportunity

It is the responsibility and intent of For Sale In Arizona to offer equal

opportunity employment to any prospective Associate without regard to race, color, sex,

religion, age, or national origin.

Change of Address

It is important that all Associates immediately notify Management of any change in home

address or telephone numbers. This information is needed to maintain accurate personal

records. Additionally, each Associate is responsible for compliance with the Arizona

Department of Real Estates ten (10) day notification requirement.

Termination

In the event that an Associate desires to terminate their relationship, a thirty (30) day

notice is required. Any verifiable outstanding debts due to their Owner/Broker.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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or the Brokerage are to be paid in full prior to any listings being transferred. Transfer of

listings shall be in accordance with the Independent Contractor Agreement.

The Sales Associate is responsible for leaving United States Postal Service accepted

forwarding address labels. Only First Class mail will be forwarded. After thirty (30) days,

the Brokerage will no longer forward any mail, and it will be marked "Returned to

Sender."

Commission checks will be mailed to the address provided unless other arrangements

have been made.

Office Contact

Effective Associates keep in touch with the office and notify Management and/or the

Receptionists where they may be reached or if they are unavailable. When an Associate

will be out of town or otherwise unavailable for an extended period of time it is the

Associate’s responsibility to inform the Designated Broker, in writing, of who will be

acting on their behalf. All compensation shall be agreed upon, in writing, prior to an

Associates absence.

Auto Insurance

It is a requirement of For Sale In Arizona for each Associate to provide a

copy of their auto insurance and liability policy naming For Sale In Arizona

as "additional loss payee". It is the Associates responsibility to provide and maintain

a current copy to For Sale In Arizona for their files.

Licensed Assistants

Associates can recommend for hiring Licensed Assistants. A Licensed Assistant is a

Licensed Arizona Real Estate Salesperson or Broker, but is recognized as only being

retained to assist an Associate. The Assistant is to perform duties as agreed between the

Associate and Assistant including duties that require a State of Arizona Real Estate

License. The Assistant shall comply with all federal, state, and local laws. Any fees, dues,

and expenses of the Assistant shall be the responsibility of the Associate.

The Licensed Assistant can only be hired with the approval of For Sale In Arizona’s Designated Broker and management.

It is required that the Licensed Assistant will continue to take all necessary steps to

maintain their license, including completion of mandatory continuing education

requirements and other acts required by state law.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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The Licensed Assistant shall be deemed an Employee of the Broker; however the

Associate shall be responsible for and pay all federal and state employment taxes, FICA,

FUTA, SUTA, Workman's Compensation, and overtime as required by law.

Only the Broker can pay compensation to a Licensee in the Brokerage firm. If the Real

Estate Assistant is conducting Real Estate activities, the Associate cannot directly

compensate the Real Estate Assistant.

If an Independent Contractor (Full Associate) has a Licensed Assistant with For Sale In Arizona, The Independent Contractor agrees:

a. To provide For Sale In Arizona with all agreements between the

Associate and the Assistant.

Non-Compete agreements are prohibited.

b. To be responsible for payment of all expenses to For Sale In Arizona incurred by the Assistant including, without limitation, the broker

liabilities, and the Error and Omissions policy deductible amount.

c. To ensure that all "For Sale" signs that have the Assistant's "Name Rider", also have

the name of the Full Associate on or attached to the same sign.

d. On any purchase contracts, lease agreements, or listing agreements that the Licensed

Assistant is involved, the Full Associates name must be included.

e. Any advertising that is done must have the Full Associate's name so that the public is

aware that the Licensed Assistant is not conducting business for himself, but for

For Sale In Arizona and the Full Associate, and that the

Licensed Assistance shall do no independent advertising.

f. To ensure that the Licensed Assistant follows the policies and procedures of For Sale In Arizona and advise the Assistant that, if the Assistant fails to do so , the

Assistant will be required to become a Full Associate with For Sale In Arizona or will be terminated.

Unlicensed Assistants

An Associate may hire an Unlicensed Assistant. The Assistant must read and sign an

Independent Contractor’s Agreement and receive a copy of the For Sale In Arizona Policy and Procedures Manual, along with the Assistant signing said

agreement.

The Full Associate agrees to be responsible for payment of all expenses incurred by the

assistant including without limitation, the broker liabilities, the Errors and Omissions

policy insurance deductible amount.

The Unlicensed Assistant will not receive any compensation through For Sale In Arizona. The Associate is the Employer and is subject to all laws regarding

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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Employers (i.e. worker’s compensation, taxes, etc.). For Sale In Arizona considers Unlicensed Assistants as Employees of the Full Associates,

(Employer). The Company requires Associates to pay FICA, and unemployment, (state

and federal), taxes for their Assistants, and carries Worker’s Compensation as required by

law.

ASSOCIATES MUST INSURE THAT NO REAL ESTATE ACTIVITIES ARE BEING

CONDUCTED BY THE NON-LICENSED REAL ESTATE ASSISTANT. FOR SALE IN ARIZONA SUGGESTS THAT BOTH THE ASSOCIATE AND THE

UNLICENSED ASSISTANT VISIT THE ARIZONA DEPARTMENT OF REAL

ESTATE WEB SITE, WWW.RE.STATE.AZ.US/SPSINDEX.HTML FOR THE

COMPLETE TEXT OF WHAT AN UNLICENSED ASSISTANT MAY AND MAY

NOT DO.

Full Associates may not directly compensate Unlicensed Assistants based upon closed

transactions because only the Broker can compensate a Licensee in the Brokerage Firm.

Full Associates may pay bonuses, based on commissions, to the Unlicensed Assistant

only if they are discretionary, not expected, and taxable.

Unlicensed Assistants are strongly encouraged to become licensed with For Sale In Arizona as soon as possible.

The following is a list to indicate the "DO’S AND DON’TS" of Unlicensed Assistants:

DO’S:

Answer Telephone Calls and

Take Messages for Associate

Do General Office/ Clerical Work

Perform Bookkeeping Tasks

Deposit Funds

Arrange and Oversee Repairs

Make and Deliver Keys

Open Mail and Distribute

Place Signs on Properties

DON’TS:

Show Property

Hold Open Houses

Open Houses for Buyer Inspections

Answer ANY Real Estate Questions for

Clients/Customers

Call Sellers on Expired Listings to Set Up

Appointments

Have a FOR SALE IN ARIZONA

Business Card

Directly Receive Funds to be Held in Trust for

Others, Including Earnest Money or Security

Deposits

Prepare any Real Estate Documents or Discuss ANY

Documents with Clients/Customers

Call or Canvass for Business

Have Name Appear on ANY Advertising

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

10

Responsibilities

Commissions

A. AMOUNT – Commissions are negotiable and are not set by the Brokerage.

Commission agreements must be in writing to be enforced. All earned

commissions, including referral fees, are paid through the Brokerage. No

commissions are to be paid or received by any other means. A violation of this

policy is grounds for termination and a report of the offense forwarded to the

Arizona Department of Real Estate.

B. PAYMENT – Commissions are paid within twenty-four hours after the

necessary paperwork and the funds are received by the company, excluding

weekends and holidays. All paperwork for the transaction is to be completed and

turned in prior to a commission check being issued. Refer to the Transaction File

Checklist for a list of required documents.

C. DELINQUENT BILLS – In the rare event that an Associate owes the

Brokerage on a prior expense, that amount will be deducted from any commission

check due to the Associate. Any remaining balance will be forwarded to the

Associate.

D. CO-LIST AND REFERRAL FEES – The percentage of commission split due

to each Associate is to be determined by agreement between the Associates and is

to be in writing. In the absence of a written agreement, commission splits will be

on a 50/50 basis. Referral fees are negotiable and required to be in writing.

E. COMMISSIONS – Any change in the commission arrangement between

parties is to be approved by the Designated Broker. Examples are, if the associate

decides to take a second mortgage of the commission, or if the commission is

being loaned back to the buyer.

Errors and Omissions Insurance

Errors and Omissions insurance is carried by the company on all Associates. The

company pays the expense of the annual premium costs. HOWEVER, EACH

ASSOCIATE IS RESPONSIBLE FOR THE DEDUCTIBLE ON ANY CLAIMS,

AND ALL LEGAL EXPENSES, IF ANY. Associates agree to review E & O coverage

and acknowledge that they are aware of their obligations and responsibilities.

Confidentiality

All records, files, documents, and correspondence of the Brokerage and Associates, as

well as all conversations between any persons associated with the Brokerage are to be

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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considered confidential and no person associated with the Brokerage shall use them to the

advantage of themselves, or any other person, firm, partnership, or corporation to the

detriment of the Brokerage, either during their association with the Brokerage or any time

after.

Sub-Agency

The Brokerage does not allow sub-agency.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

Broker Transaction and Office Files

All transaction files are the property of For Sale In Arizona and the

Designated Broker. Any and all material relating to a transaction, including letters,

envelopes and notes relating to a transaction shall become a part of these files. This is to

ensure full knowledge in the event of a future question or dispute. Associates are

encouraged to maintain personal files for future reference. A comprehensive list of

required items shall be provided to Associates for each transaction. If a file is incomplete

or otherwise lacking a required item, commissions will not be paid until such time as

these items are provided to the Designated Broker. Refer to the Transaction File

Checklist for a list of required documents.

All paperwork is to be turned in to the Associate’s office for delivery to the Broker within

72 hours.

The Broker is given final approval on all files as required by Arizona State Law. A

reminder notice may be delivered to the Associate if any documentation is not included

with the file.Please remember that ALL canceled and rejected offers must be submitted for filing asper Arizona Department of Real Estate requirements.

Earnest Money

All earnest monies must be deposited into a neutral escrow account as soon as practical.

A copy of the earnest money receipt should be submitted with each contract and is

required prior to payment of commissions. For Sale In Arizona does not

maintain a trust account and will not accept any earnest money deposits.

Licenses

ALL licenses are to be maintained in the main, or branch office, without exception. They

will be maintained in compliance with requirements established by the Arizona

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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Department of Real Estate. Associates are responsible for monitoring license

requirements and/or updates.

Arbitration and Disputes

When arbitration becomes an issue in a commission only dispute, the Associate may or

may not request Broker support. However, in an ethics or licensing dispute, the Broker

will automatically be involved.

The Associate will make all attempts to resolve all disputes, with arbitration being the

final choice. The Designated Broker must be notified immediately of any complaints,

litigation, or disputes involving anyone associated with the Brokerage

Property Management

Any property management, not leasing, shall only be done with the Designated Broker’s

approval and supervision. Property management without approval will lead to the

immediate termination of the Associate.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

Fair Housing

All Associates shall be aware of the REALTOR® Fair Housing Declaration and provide

professional service without regard to race, color, religion, sex, handicap, familial status,

or nation origin of any prospective client, customer, or the residents of any community.

Disclosures and Forms

For Sale In Arizona will, from time-to-time, develop forms to be used by

our Associates. These forms will be "branded" for the Brokerage and may be used in lieu

of a complimentary AAR form. Forms from other real estate companies are prohibited.

Final Walk Through

A final walk through is an essential part of any transaction. As such it is required that

Associates of For Sale In Arizona, recommend and provide the

opportunity, to their client to perform a final (pre-closing) walk-through. In the event the

client elects not to perform a final walk-through, the Associate shall obtain their written

acknowledgement that they were advised to perform a final walk through but elected not

to do so The final walk through form or waive rips considered a required transaction item

and must be delivered to the Broker to complete the file.

Changes and Enhancements: This manual may be enhanced from time to time. Any changes will be

provided to all Associates.

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Area of Expertise

Within For Sale In Arizona we have salespersons and brokers

experienced in all real estate disciplines. Unless experienced in a specialized discipline, a

salesperson or broker shall not undertake to provide professional services concerning a

type of property or service that is outside the salesperson’s or broker’s field of

competence without engaging the assistance of a person who is competent to provide

those services, unless the salesperson’s or broker’s lack of expertise is first disclosed to

the client, in writing, and the client subsequently employs the salesperson or broker. A

copy of the signed disclosure shall become part of the Broker’s file

 

 

FSIA Revised 4/09