Policy and Procedures

Acknowledgement and Agreement

The undersigned employee/independent contractor of Nation Realty (“Company”) acknowledges receipt of a copy of the Nation Realty Office Policy Manual.  As it pertains to this policy manual, the term “Broker” shall refer to Nation Realty’s Broker in Charge. The term “Associate” shall mean Employee/Independent Contractor.    

As a condition of his/her association or employment with Company Associate agrees to abide by all Articles of the REALTOR® Code of Ethics, and the terms of this Manual as presently adopted and as amended in the future.

This handbook, and the policies contained in it, does not create a contract of employment, express or implied, between the Company and its employees or its associated independent contractors.  All employees of Company are employees at will.  All Independent Contractors are associated with Company through a separate Independent Contractors agreement.  Although we hope that your employment/association with Company will be a long and enjoyable one, either you or Company may terminate the employment/association at any time, with or without cause or notice.

Associates Transferring from Nation Realty to Another Brokerage

Associates transferring to another brokerage from Company may transfer listings and buyers not under contract by submitting written consent from the client to the Broker. If the listing or the buyer is already under contract at the time Associate transfers, the Broker is required to take over the remaining steps to ensure the client’s transaction is not interrupted or compromised. If the Broker is required to take over any portion of the transaction, Associate shall only be entitled to fifty percent (50%) of the commission Associate would have earned.

Fair Housing Declaration

Associate agrees to:

  • Provide equal professional service without regard to the race, color, religion, sex, gender identity, sexual orientation, handicap, familial status, or national origin of any prospective client, customer, or of the residents of any community.
  • Stay informed about fair housing law and practices.
  • Use social media outlets, promotions and advertising in a manner that indicates that everyone is welcome and no one is excluded; expanding client’s and customer’s opportunities to see, buy, or lease property.
  • Inform clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.
  • Document efforts to provide professional service
  • Refuse to tolerate non-compliance.
  • Report violations of the REALTOR® Code of Ethics, fair housing laws, and license laws to the Broker-in-charge.
  • Learn about those who are different and celebrate those differences.
  • Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law.
  • Develop and implement fair housing practices for the company to carry out the spirit of this declaration.
  • Refrain from using harassing speech, hate speech, epithets or slurs based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity.

Multiple Listing Services

  • Associates must read and familiarize themselves with the rules and regulations of any MLS of which they are a member.
  • Associates are responsible for entering their listings into the MLS.
  • Listing documents shall be uploaded into the Realty Back Office database within 24 hours of input into the MLS.
  • Closed listing transactions shall be entered into the MLS within 24 hours of closing.

Commissions

  • There are no transaction fees charged to Associate for the processing of commissions if Associate is on the Monthly Flat Fee Plan or the Team Monthly Flat Fee Plan. If Associate is on the Transactional Plan, there will be a $349.00 transaction fee deducted from Associate’s portion of commission prior to disbursement to Associate.
  • All documents for the closed transaction must be uploaded to Realty Back Office within 24 hours of the closing. No commission will be disbursed to Associate until documents are uploaded to Realty Back Office. .
  • Commissions should be wired to Company by the closing law firm, title or escrow company. Wiring instructions will be available to all Associates and there is no charge to Associate for wiring commissions to Company, unless the closing law firm, title or escrow company charges a fee for a wire transfer. However, should the closing law firm, title or escrow company not permit disbursement of commissions by wire, physical checks must be deposited into Nation Realty Commissions Account at any branch of Bank of America, N.A.  within 24 hours of closing (excluding weekends or holidays). If Associate deposits a physical check, Associate must email a deposit receipt with Associate’s name and address of sale to: Commissions@nationrealty.com.
  • Under no circumstances should commissions be deposited into Associate’s personal or business account.
  • Associate’s portion of commission shall be directly deposited into the bank account Associate has provided Company within 24 hours of Company receiving the commission OR Associate may choose to receive a physical check.. There are no additional fees for direct deposit. Please allow 14 days after bank account information is provided to Company before direct deposit takes effect.

Signs and Customization

Listing yard signs may be customized, subject to approval by Company. All customized signs must comply with state law.  Company name must be easily visible. The customized design must not imply that the individual associate, or team, is a separate entity from Company. Team names may not include the terms “realty”, “real estate”, “realtors”, or similar terms suggesting a separate brokerage.. All customized sign requests should be emailed to: Office@nationrealty.com for approval.

Documents

Document File

The following documents, as applicable, must be place and maintained in the Broker’s transaction file

  • Listing Contract or Buyer Agency Agreement
  • Transaction Broker Agreement
  • Option Contract
  • Brokerage Relationships
  • MLS Input Residential Sheet
  • Residential Property Disclosure Form
  • Lots and Land Input Sheet
  • Lead Disclosure
  • Contract of Sale
  • Additional documents

Associate is responsible for uploading documents in the Broker’s file until the transaction has closed, the listing has expired, or the agency contract has expired. Closed and expired files shall be maintained by Company for at a minimum of five years pursuant to South Carolina Real Estate Commission regulations.

For the protection of all parties, all documents, including without limitation, agreements, contracts, amendments, addenda and disclosures, must be in writing and must be in clear and understandable language expressing the specific terms, conditions, obligations, and commitments of the parties. A copy of each document shall be furnished to each party upon their signing or initialing.

South Carolina Disclosure of Real Estate Brokerage Relationships Policy

South Carolina law requires use of the South Carolina Disclosure of Real Estate Brokerage Relationships Form as promulgated by the South Carolina Real Estate Commission. This form must be given, at the first practical opportunity, to all buyers and sellers with whom the licensee has substantive contact as defined by law.

Client Services

EXAMPLES OF AGENCY POLICIES:

  • Seller Agency
  • Buyer Agency
  • Dual Agency
  • Designated Agency

EXAMPLE #1 SINGLE AGENCY – Seller Representation Only

 Company adopts this written policy identifying and describing the relationships in which Associates may engage with sellers, landlords, buyers or tenants.  Company acts only as seller’s s agents (and/or landlord’s agents) s) through written listing agreements with sellers (and/or management agreements with landlords) and represents only sellers (and/or landlords).

In acting as seller’s s agents (and/or landlord’s agents), Company acts as an agent as that term is defined by South Carolina law and pursuant to the duties and obligations specified by South Carolina law. Company’s written agency agreement (and/or management agreement) includes the Associate’s duties and responsibilities as an agent of the seller.

Company does not act as buyer’s agent s (or tenant’s agents) and will not represent buyers (and/or tenants) nor enter into written buyer agency agreements with buyers (and/or tenants). 

Company will work with buyers (and/or tenants) as customers as defined by law to sell its listings. Company will also work with buyers (and/or tenants) to sell listings of other brokers as subagents of those brokers when offers of cooperation and compensation are offered to subagents, either through written offers of subagency or through unilateral offers of subagency made in any multiple listing services in which the Company participates.  Associates engaging in subagency must comply with

applicable law and regulations regarding disclosure of subagency to the buyer (and/or tenant) when accepting a unilateral offer of subagency.

The Company will not act as a dual agent.

 

EXAMPLE #2 SINGLE AGENCY – Buyer Representation Only

Company adopts this written policy identifying and describing the relationships in which Associates may engage with sellers, landlords, buyers or tenants. 

Company acts only as buyer’s agent s (and/or tenant’s agents s) through written buyer (and/or tenant) agency agreements with buyers (and/or tenants) and represents only buyers.

In acting as buyer’s s agents (and/or tenant’s agents), Company acts as an  agent as that term is defined by South Carolina law and pursuant to the duties and obligations of an agent as specified by South Carolina law.  Company’s written agency agreement includes the Associate’s duties and responsibilities as an agent of the buyer (and/or tenant).

Company does not act as seller’s agents (and/or landlord’s agents) and will not represent sellers (and/or landlords) nor enter into written agreements for brokerage services with sellers (and/or landlords).  Company does not accept listings of property.

Company will work with sellers (and/or landlords) as customers in circumstances where a seller’s (and/or landlord’s) property is not listed and Company’s buyer client desires to purchase the seller’s/landlord’s property.  In such circumstances, Company will obtain the appropriate written authorizations to show the residential property of the seller (and/or landlord). 

Company will not act as a dual agent.

Company will accept compensation from listing brokers and/or sellers with appropriate disclosures to its clients.

EXAMPLE #3             SINGLE AGENCY – Seller or Buyer Agency – No Dual Agency or Designated Agency

Company adopts this written policy identifying and describing the relationships in which the Associates may engage with sellers, landlords, buyers, or tenants. 

Company acts as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents) through written listing agreements or written buyer (and/or tenant) agency agreements or other written management agreements for brokerage services with landlords.

In acting as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents), Company acts as an agent as that term is defined by South Carolina law and pursuant to the duties and obligations specified by South Carolina law.  Company’s written agency agreements include Associate’s duties and responsibilities as an agent of the seller (and/or landlord) or as an agent of the buyer (and/or tenant).

Company will not act as a dual agent in any transaction.   If a represented buyer desires to purchase a Company listing (in-house sale), Company will refer that buyer to another company so that no dual agency is created.  Company will accept a referral fee from the other company, if negotiated, and if disclosed to both the buyer and the seller in the transaction.  In addition, the buyer and the seller will be informed that confidential information of the referred buyer will not be disclosed to the seller.

Company will also work with customers (unrepresented buyers and/or tenants) to sell its listings or will work with those buyers (and/or tenants) to sell listings of other brokers as subagents of those brokers when offers of cooperation and compensation are offered to subagents, either through written offers of subagency or through unilateral offers of subagency made in any MLS in which Company participates.  Associates engaging in subagency must comply with applicable law and regulations regarding disclosure of subagency to the buyer (and/or tenant) when accepting a unilateral offer of subagency.

 

EXAMPLE #4             SELLER & BUYER AGENCY – including Disclosed Dual Agency

Company adopts this written policy identifying and describing the relationships in which the Associates may engage with sellers, landlords, buyers or tenants. 

Company acts as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents) through written listing agreements or written buyer (and/or tenant) agency agreements or other written management agreements for brokerage services landlords.

In acting as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents the Company acts as an agent as that term is defined by South Carolina law and pursuant to the duties and obligations as specified by South Carolina law. Company’s written agency agreements include the licensee’s duties and responsibilities as an agent of the seller (and/or landlord) or of the buyer (and/or tenant).

If a represented buyer desires to purchase a Company listing (in-house sale), Company will act as a disclosed dual agent in the transaction with the consent of all parties to the transaction.  Written consent of all parties to the transaction is required before Company will act as a disclosed dual agent.   Company’s listing agreements and buyer agency agreements contain permissions for Company to act as a disclosed dual agent.

If acting as a disclosed dual agent, Company will be a disclosed dual agent for both the seller and buyer, or the landlord and tenant as defined by South Carolina law.

Company will also work with customers (unrepresented buyers) (and/or tenants) to sell its listings or will work with those buyers (and/or tenants) to sell listings of other brokers as subagents of those brokers when offers of cooperation and compensation are offered to subagents, either through written offers of subagency or through unilateral offers of subagency made in any multiple listing services in which Company participates.  Associates engaging in subagency must comply with applicable law and regulations regarding disclosure of subagency to the buyer (and/or tenant) when accepting a unilateral offer of subagency.

 

EXAMPLE #5             SELLER & BUYER AGENCY – including Designated Agency and limited Dual Agency

Company adopts this written policy identifying and describing the relationships in which the Associates may engage with sellers, landlords, buyers or tenants. 

 Company acts as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents) through written listing agreements or written buyer (and/or tenant) agency agreements or other written management agreements for brokerage services to landlords.

In acting as seller’s agents (and/or landlord’s agents) or as buyer’s agents (and/or tenant’s agents), Company acts as an agent as that term is defined by South Carolina law and pursuant to the duties and obligations of an agent as specified by South Carolina law. Company’s written agency agreements include the licensee’s duties and responsibilities as an agent of the seller (and/or landlord) or of the buyer (and/or tenant).

If a represented buyer desires to purchase a Company listing (in-house sale), Company will designate an Associate to represent the buyer and another Associate to represent the seller as designated agents in the transaction with the consent of all parties to the transaction. Written consent of all parties to the transaction is required before the Associates will act as designated agents.   Company’s listing agreements and buyer agency agreements contain general permissions for Associates to act as designated agents.  At the time a Company buyer shows interest in a Company listing, a specific Designated Agency agreement, as required by the South Carolina Real Estate commission, will be presented and signed by buyer before the offer is submitted by the buyer and by the seller before seller signs the sales agreement.

If Associates act as designated agents, Broker will be a dual agent for both the seller and buyer as defined by South Carolina law.

 Company will also work with customers (unrepresented buyers) (and/or tenants) to sell its listings or will work with those buyers (and/or tenants) to sell listings of other brokers as subagents of those brokers when offers of cooperation and compensation are offered to subagents, either through written offers of subagency or through unilateral offers of subagency made in any MLS in which Company participates.  Associates engaging in subagency must comply with applicable law and regulations regarding disclosure of subagency to the buyer (and/or tenant) when accepting a unilateral offer of subagency.

B. Customer Services

  1. Transaction Brokerage

At the time of first substantive contact, as defined by South Carolina law, it is presumed that a potential buyer or seller is to be a customer of Company and that Company will be acting as a transaction broker and that Company shall offer services to a customer only until the potential buyer or seller signs an agency representation agreement.

A transaction broker who represents one party to a real estate transaction may provide assistance to other parties to the transaction by performing ministerial acts such as writing and conveying offers, and providing information and aid concerning other professional services not related to the real estate brokerage services being performed for a client.  Performing ministerial acts does not create an agency relationship.

A transaction broker may be a single agent of a party in a transaction, giving the other party customer service or the transaction broker may facilitate the transaction without representing either party.

Associates operating as transaction brokers shall have the customer sign a transaction broker agreement/ compensation agreement.

An Associate may offer the following services to a customer as a single agent or as a transaction broker including, but not limited to:

           (a)   identifying and showing property for sale, lease, or exchange;

           (b)   providing real estate statistics and information on property;

           (c)   providing preprinted real estate forms, contracts, leases, and related exhibits and addenda;

           (d)   acting as a scribe in the preparation of real estate forms, contracts, leases, and related exhibits and addenda;

           (e)   providing a list of architects, engineers, surveyors, inspectors, lenders, insurance agents, attorneys, and other professionals; and

           (f) identifying schools, shopping facilities, places of worship, and other similar facilities on behalf of the parties in a real estate transaction.

Associates operating as transaction brokers are required to disclose to buyers and sellers their role and duties in offering customer services to the consumer that shall include the following:

           (a)   honesty and fair dealing;

           (b)   accounting for all funds;

           (c)   using skill, care and diligence in the transaction;

           (d)   disclosing material adverse facts that affect the transaction, or the value or condition of the real property and that are not readily ascertainable;

           (e)   promptly presenting all written offers and counteroffers;

           (f) limited confidentiality, unless waived in writing by a party. This limited confidentiality prohibits disclosing:

              (i)    information concerning a buyer’s motivation to buy or the buyer’s willingness to make a higher offer than the price submitted in a written offer;

              (ii)   factors motivating a seller to sell or the seller’s willingness to accept an offer less than the list price;

              (iii)  that a seller or buyer will agree to financing terms other than those offered; and

              (iv)  information requested by a party to remain confidential, except information required by law to be disclosed;

       (g)   additional duties that are entered into by separate agreement.

Mandatory Buyer Agency Events

It is Company policy that any Associate working in the following circumstances MUST act as a buyer’s agent and may not act as a subagent of the seller.

  1. Associate is buying property for her or himself. In this case, Associate must reveal his status as a licensee in the personal transaction (includes the purchase, sale, exchange, rental, lease, or auction of real estate.) Associate meets this requirement by disclosing in UNDERLINED CAPITAL LETTERS on the first page of the contract his or her status as a real estate licensee.  Monies received in a personal rental transaction must be deposited in the Associate’s personal trust account and must not be deposited in the broker’s trust account, unless the real property is managed by Company.
  1. Associate is working with Associate’s immediate family, that is, mother, father, brother, sister, children, any of their spouses or any business owned fully or partially by any of these persons.

Social Media Policy

Social media is a powerful and effective communication and engagement tool and Company encourages Associates to utilize social media to help raise awareness about Company in their communities and grow their business. 

  • Always be professional and ethical
  • Avoid making statements or posting photographs that could reasonably harm the business or reputation of Company.
  • Do not disclose any confidential information.
  • Do not call for a boycott of a product, service or Company.
  • Only post, advertise or communicate real estate for sale in accordance with state laws, MLS rules, Company policy and NAR ethics.
  • Do not use harassing speech, hate speech, epithets or slurs in accordance with Article 10 of the Realtors Code of Ethics
  • Respect third-party intellectual property, and always use the REALTOR® trademarks in accordance with NAR’s Membership Marks Manual. REALTOR® means member of the National Association of REALTORS® and must not be used generically as a synonym for the occupation of “real estate agent” or “broker”.
  • If you are unsure whether a particular communication is appropriate, refrain from making the social media post or contact the Broker prior to publishing the post.
  • Associates who do not adhere to these Guidelines or who otherwise act inappropriately when engaging in social media, may have their employment or association with Company terminated.

Teams

A “Team” is defined by South Carolina law as two or more associated licensees working together as a single unit within an office established with the commission and supervised by a broker-in-charge.

  1. Formation:  If an Associate is considering starting a team they must first meet with the Broker who shall review the team policy and approve the team name to ensure it is compliance with state law.
  1. Supervision:  The Broker is responsible for supervising the Team and all licensed members of the Team. The Broker may not delegate supervisory responsibilities to the team members or team leader.
  1. Office Space:  Team members may work out of different office locations, but must share the same Broker within the same state.
  1. Team Name: Team names must reflect the professional image of the Associates involved and Company. Team names may not include the terms ‘realty’, ‘real estate’, ‘realtors’, or similar terms suggesting a brokerage.
  1. Marketing/Advertising:  Team advertising must contain the team name and the full name of Company displayed in a conspicuous way. No team may imply that the team is a separate entity from Company. The team, and any and all team members, must display and promote that they are directly connected to Company.  Company name is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.
  2. Acceptable Agency Relationships: A team may engage in buyer and seller agency as well as transaction brokerage. However, if the team has both the buyer and seller client in a transaction the team may act as disclosed dual agents only and with the prior informed and written consent of all parties and as addressed in Company policy.

Use of Personal Assistants (PA)

1          UNLICENSED PERSONAL ASSISTANTS: Unlicensed personal assistants (“PA”) WILL NOT UNDER ANY CIRCUMSTANCESconduct real estate business as defined by South Carolina law. The Associate employing the PA is strictly responsible for complying with this policy.  If a PA performs any acts constituting real estate business, Associate puts himself/herself in jeopardy of disassociation from Company.  Unlicensed personal assistants fall into the same category as unlicensed office employee.

In accordance with South Carolina law, for all types of real estate transactions, including leases and sales, an unlicensed employee/assistant MAY NOT: 

  1. discuss, negotiate, or explain a contract, listing, buyer agency, lease, agreement, or other real estate document.;
  2. vary or deviate from the rental price or other terms and conditions previously established by the owner or Associate when supplying relevant information concerning the rental of property;
  3. approve applications or leases or settle or arrange the terms and conditions of a lease;
  4. indicate to the public that the unlicensed individual is in a position of authority which has the managerial responsibility of the rental property;
  5. conduct or host an open house or manage an on-site sales office;
  6. show real property for sale other than vacant units in multifamily housing;
  7. answer questions regarding Company’s listings, title, financing, and closing issues, except for information that is otherwise publicly available;
  1. be paid solely on the basis of real estate activity including, but not limited to, a percentage of commission or any amount based on the listing or sales compensation or commission;
  2. negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee;
  3. engage in an activity requiring a real estate license as otherwise required by South Carolina law;
  4. prepare promotional materials or ads without the review and approval of licensee and supervising broker;
  5. An unlicensed employee/assistant MAY:
  1. Answer the phone and forward calls to an Associate
  2. Enter listings and changes to an MLS
  3. Follow up on loan commitments after a contract has been negotiated
  4. Assemble documents for closing
  5. Obtain documents (public information) from courthouse, sewer district, water district, etc.
  6. Have keys made for Company listings
  7. Write ads for approval by Associate and Broker and place advertising (promotional information, newspaper ads, etc.)
  8. Record and deposit earnest money, security deposits, and advance rents
  9. Type contract forms for approval by Associate and Broker
  10. Monitor licenses and personnel files
  11. Compute commission checks
  12. Place signs on property
  13. Order items of routine repair as directed by Associate
  14. Prepare flyers and promotional information for approval by licensee and supervising broker
  15. Act as a courier service to deliver documents, pick up keys, etc.
  16. Place routine telephone calls on late rent payments
  17. Schedule appointments for Associate to show listed property
  18. Show rental units to prospective tenants
  19. Furnish published information
  20. Provide applications and lease forms
  21. Receive applications and leases for submission to the owner or Associate for approval

Confidentiality

All records of Company, as well as conversations between Associates, Broker and Associates, and Associates and parties to the transaction, are considered confidential and shall not be disseminated. No files shall be removed from Company without the permission of Broker and no other information obtained while working for Company   shall be used to the detriment of the Broker. All Associates shall also be obligated to honor the confidential information of any client or non-client party to any transaction, as designated in writing on a “Disclosure of Real Estate Brokerage Relationships” form or other document. All documents containing a party’s confidential information shall be kept by the Company in a secured file to guard against any unauthorized sharing

of this information. Access to this information shall be limited to the Associate working with the party.

Legal and Tax Advice Prohibited

Associate shall give tax advice to a party, including advice pertaining to deductions, exemptions, and/or tax liabilities resulting from the purchase or sale of real estate. If a tax question arises, beyond the scope of real estate practice, and an explanation is requested, Associate should suggest that the party consult an attorney, tax accountant or other appropriate expert having expertise in the area addressed by the client’s or customer’s question.

Legal Assistance For Associates

. All questions should be directed to Broker but if Broker is not available or is otherwise unable to answer the question, the South Carolina Association of REALTORS® provides a Legal Hotline to field questions at no cost to its members The Legal Hotline can be reached by dialing 1-803-772-5206, and pressing option #1.

Arbitration

In matters of arbitration, an attorney may be employed at the discretion of Broker. The responsibility as to payment of fees for said attorney will be determined on a case-by-case basis between Broker and Associate.

 

Code of Ethics & License Law Violations

In matters of alleged violation of the Code of Ethics and/or License Law, an attorney may be employed at the discretion of Broker. The responsibility for payment of such attorney fees will be determined on a case-by-case basis between Broker and Associate.

Inspection Services, Surveys, Etc.

 Broker shall not be liable to Associate for any expense incurred by  Associate unless approved in writing in advance. All inspections and related services, such as well/septic inspections, surveys, etc., are to be ordered in the name of, billed to, and paid by the seller or buyer; billings shall never be made to Broker.

Equal Employment Opportunity Policy

It is Company policy to provide equal employment opportunities without regard to race, color, religion, gender, age, national origin, marital status, sexual orientation, gender identity disability, mental, physical and/or sensory handicaps unrelated to job performance, or citizenship, as well as other classifications protected by applicable federal, state, or local laws.  This policy applies to all areas of employment, job assignment, training, promotion, transfer, compensation, discipline and discharge.  Company abides by all federal and state laws regarding employment practices, including, but not limited to the Americans with Disabilities Act.

Policy Against Harassment

Any harassment of anyone for any reason including race, color, sex, religion, national origin, age, sexual orientation, gender identity, military status or handicap is clearly prohibited and will not be condoned.  Harassment is one particular form of discrimination that is illegal and violates Company’s equal employment opportunity policy.  Company maintains a strong policy prohibiting any form of harassment.  Harassment means any verbal or physical conduct including threatening or obscene language, unwelcome sexual advances, stalking, actions including strikes, shoves, kicks, or other similar physical contact, or threats of the same, or any other conduct with the purpose or effect of unreasonably interfering with an individual’s work performance by creating a hostile, intimidating or offensive work environment.

Any Associate who has been found to have harassed another Associate will be subject to appropriate discipline including discharge from employment or other relationship with Company at the Broker’s discretion.

This policy applies equally to any harassment by or to both men and women employed by or associated with Company or who deal with Company and it is not limited to supervisor/employee or manager/Associate relations or to conduct occurring on premises or during working hours.

Respa Policy

Associates are required to comply with The Real Estate Settlement Procedures Act of 1974 (RESPA) (12 U.S.C. 2601 et seq.) (“RESPA”) at all times.  Referral fees are specifically addressed in this policy manual in order to emphasize the sometimes confusing

requirements of the federal law and the importance of compliance. Additional information on RESPA law can be obtained from SCR’s Legal Hotline.

Antitrust Policy

Company maintains a strong policy against any antitrust involvement by Company, its Associates or employees.  Any potential antitrust issues should be brought to Broker’s attention immediately. Few obligations can be taken more seriously than this area. Company requires everyone associated with the Company to participate in antitrust education and acknowledge his/her understanding of these principles.  Two areas are the primary antitrust focus:

PRICE FIXING:

Accordingly, Company and its Associates and staff are prohibited from discussing with any competitor, including an individual agent, any aspect of the fees Company charges or how total fees are split. Company determines its charges based on Company’s independent internal analysis of expenses, revenue, desired profit level and choice of the type and level of service Company desires to provide.

In any discussion with a member of the public about Company’s charges (such as a listing appointment), the only acceptable answer about why Company charges what it does is the above explanation.  Do not be drawn into a discussion about Company fees as “the standard rate,” “the Board rate,” “the typical rate” or the like.  If questions arise about other companies’ fees, suggest that the potential client call several competitors and ask about their rates.

BOYCOTTING COMPETITION:

It is also a violation of federal law to make any agreement, express or implied, with a competitor to boycott or otherwise not deal with a third competitor. Company prohibits any Associate or staff member from making any agreement or suggestion with a competitor, including an individual agent, that he/she or the Company will not deal with a third broker or agent, whether it be a listing company, buyer’s brokerage, discount broker or any other broker or agent.

LIMITED FUNCTION REFERRAL OFFICES

 NOTE: LICENSE LAW REQUIRES AN OFFICE POLICY TO STATE WHETHER OR NOT LIMITED FUNCTION REFERRAL OFFICES ARE ALLOWED. IF ALLOWED A SEPARATE POLICY WILL NEED TO BE DRAFTED TO EXPLAIN OFFICE PROCEDURES.

Limited function referral office means a brokerage where the office policy allows only the placement of referrals through the broker-in-charge.

DO NOT CALL LISTS

In order to comply with federal law and respect the wishes of the public, Associates must comply with the following policy when placing calls:

  1. Allowable Calls

Only the following types of solicitation calls may be made without consulting the federal and Company “Do Not Call” lists and obtaining clearance from Broker or designated gatekeeper, if applicable (“Gatekeeper”):

  1. FSBOs with advertised phone numbers, unless the advertisement expressly states “no agents”. This applies only when calling a FSBO on behalf of a buyer client for property information or showing appointments.
  2. Sellers who have had a listing agreement with Company within the prior eighteen (18) months;
  3. Potential clients who have made an inquiry within the last three (3) months;
  4. Someone who has registered at one of Company’s open houses using Company’s approved registration form
  5. Referrals if the referring company indicates that the recipient has given permission for you to call him or her and requested information about real estate in our area.
  1. Calls requiring Clearance If the nature of the intended call is not listed in Section A above, Associates must obtain permission of Broker or Gatekeeper prior to placing a call. Company will also maintain an internal “Do Not Call” list that must also be referenced. No cold calls may be made to any phone number without first checking BOTH “DoNotCall” lists.
  1. Office Procedures
  2. The “Do Not Call” lists will be updated weekly so Associates must always use the most updated lists when calling.
  3. No call should ever be made to someone who has asked you not to call. The name and phone number of that individual must be given to Broker or Gatekeeper, within twenty-four (24) hours of the request being made so that the number may be added to Company’s “DoNotCall” list.
  4. Never use a pre-recorded message or an autodialer.
  5. Never call anyone before 8 a.m. or after 9 p.m. Check other states’ laws before calling out of state.
  6. Provide your name, Company name and purpose of the call at the beginning of every call. If asked, provide the following address and phone number of Company.
  7. Do not provide copies of the “Do Not Call” lists to anyone outside Company.
  8. Politely terminate any call immediately upon being asked to do so. Do not hang up on the person. Forward the name and phone number of any person who asks you not to call again, in writing within twenty-four (24) hours to Broker or Gatekeeper so this can be added to Company’s “DoNotCall” list.

Safety

It is critically important that Associate be aware of safety risks inherent in this industry. Company has the following safety policies, guidelines and suggestions:

  1. If t Associate does not know a customer, try to arrange a meeting at the office.
  1. NEVER meet a prospect at a vacant house ALONE.ALWAYS take another person with you.  DO NOT meet the prospect after dark.
  1. ALWAYS notify the office or someone at your home where you will be when showing property, especially to prospects you are first meeting.
  1. When on the showing, DO NOT go to dark areas, basements, garages, or areas without multiple exits.Allow the prospect to view those areas on his/her own and stay in an area that allows for quick exit.
  1. ALWAYS drive your own car.DO NOT let a prospect you do not know drive your car.  Preferably, meet the prospect at the office, tell the office your destination and expected time of return and drive separate cars to the showing.
  1. ALWAYS securely use technology including computers, phones, email and WiFi.
  1.  ALWAYS behave as if video/audio surveillance is occurring.
  1.  ALWAYS make customers/clients aware and manage wire fraud risk. Make sure all customers/clients know they should NEVER wire money without calling a known telephone number of the wire recipient and verbally verifying the wiring instructions. DO NOT forward wiring instructions either to or from customers/clients and law firms, or title or escrow companies.

About

Serving