![]() |
|
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. 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. 5 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. 6 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. 7 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. 8 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. 9 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. 11 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. 12 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. 13 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
|