THIS POLICY MANUAL IS NOT A CONTRACT, EITHER EXPRESS OR IMPLIED.
Policy is subject to change at any time.
All commissions are negotiable with the Broker-in-Charge’s consent.
FAIR HOUSING DECLARATION
As an agent of this Company, you agree 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.
¨ Keep informed about fair housing law and practices, improving my clients' and customers' opportunities and my business.
¨ Develop advertising that indicates that everyone is welcome and no one is excluded; expanding my client's and customer's opportunities to see, buy, or lease property.
¨ Inform my clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.
¨ Document my efforts to provide professional service, which will assist me in becoming a more responsive and successful (REALTOR®) (real estate licensee).
¨ Refuse to tolerate non-compliance.
¨ Learn about those who are different from me, and celebrate those differences.
¨ Take a positive approach to fair housing practices and aspire to follow the spirit aswell as the letter of the law.
¨ Develop and implement fair housing practices for my Company to carry out the spirit of this declaration.
Associates are required to comply with RESPA law requirements at all times. The area of referral fees is specifically addressed in this policy manual in order to explain the sometimes confusing requirements of the federal law and to emphasize the importance of compliance. Additional information on RESPA law can be obtained from SCR’s Legal Hotline The Real Estate Settlement Procedures Act prohibits unearned fees or kickbacks including anything of value given or received by anyone in any business that is part of a settlement service in any way. This includes referral fees or fee splitting for anything other than actual services performed. Settlement services include but are not limited to title searches, examinations, providing title certificates, title insurance, preparation of documents, surveys, various types of inspections and loan origination: this includes the taking of applications, loan processing, underwriting and the processing of the actual settlement statement or HUD. It is a violation to pay a referral fee or to give anything of value to anyone on a mortgage transaction. It is the policy of Mave & Market that no Licensee is to be involved with the loan process in any function other than staying informed and performing the services of a real estate licensee unless the agent is a licensed mortgage broker. In the event that the licensee is a mortgage broker; Mave & Market requires that the agent provide the company list of lenders to the buyer customer or client before considering working in a dual capacity as an agent to Mave & Market and a lender. Referral fees may only be paid from one real estate Broker to another real estate Broker.
The relationship of the Associate to the Broker is that of an Independent Contractor. It is established and described in a contract and includes how listings and compensation will be handled in the event that the Associate leaves the company. It must be signed by the Associate and is included upon affiliation with the Broker.
Termination of Affiliation
Should the Broker and the Associate terminate this relationship, the Associate will immediately turn in all company property including all transactional files pertaining to listings, offers, or other contracts, any other office files, office policy books, office keys, lock box keys and lock boxes, signs, books, supplies and a copy of all prospect and referral lists generated while employed by the Broker. The Associate will contact the Broker for final out-processing. The Broker’s supervisory responsibility shall terminate upon his signing of the release form. Within ten (10) days after the date of release, the nonaffiliated Associate shall complete the required administrative measures for change of affiliation, temporary retirement, or placement in “inactive” status accompanied by the proper fee to the South Carolina Real Estate Commission. Note: The licensee shall not engage in any real estate transactions nor shall he act under contract with another Company until completion and transmittal to the Commission of the change of affiliation form and fee is remitted.
Listing/Buyer Agency Agreements and Contracts upon Termination. The Broker reserves the right to reassign any listing, buyer client or other contract upon termination by or of an Associate. At the owners’ request, BrandName Real Estate will transfer any non-pending Listing (unless being presently negotiated) to the new company the Associate is affiliated with. Compensation for offers to purchase or for pending listings obtained by the Associate prior to termination of this relationship shall be payable on a 50/50 basis of the total commission.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
It is the 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. The 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 the company's longstanding equal employment opportunity policy. This company maintains a strong policy prohibiting any form of harassment. As used in policy manual, 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 contacts, or threats to do 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 agent or employee who has been found to have harassed another agent or employee will be subject to appropriate discipline including discharge from employment or other relationship with the 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 the company or who deal with the company in our business, and it is not limited to supervisor/employee or manager/agent relations or to conduct occurring on premises or during working hours.
RESOLUTION OF DISPUTES
What Constitutes a Dispute?
Disputes are disagreements between Associates in regards to:
• The equitable right to work with a certain prospect
• The right to a split of commission or fee when more than one Associate knowingly or unknowingly works with the same customer/client
• The percentage split of commission or fee earned when two Associates have worked with the same customer/client
Disagreement Between Broker and Associate
Disagreements or disputes between Associate and Broker pertaining to:
• A conflict arising out of, or in connection with, their business relationship and dealings
• The company policy
• Transactions or real estate laws
• Any real estate business related practice unresolved between the Associate and Broker will be submitted to arbitration by an agreed upon chosen arbitrator. The arbitrator’s decision shall be final and the Broker and Associate must abide by the decision of the arbitrator.
USE OF PERSONAL ASSISTANTS
UNLICENSED PERSONAL ASSISTANTS: The policy of this company is that unlicensed personal assistants WILL NOT UNDER ANY CIRCUMSTANCES engage in the real estate business as defined in South Carolina law. The agent associating with the PA is strictly responsible for maintaining this policy. If an unlicensed PA does any acts that constitute the real estate business, the agent puts himself/herself in jeopardy of disassociation. The policy of this company is that unlicensed personal assistants fall into the same category as unlicensed office personnel.
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 licensee 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 listings, title, financing, and closing issues, except for information that is otherwise publicly available;
8. 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;
9. negotiate or agree to compensation or commission including, but not limited to, commission splits, management fees, or referral fees on behalf of a licensee;
9. engage in an activity requiring a real estate license as otherwise required by South Carolina law;
10. prepare promotional materials or ads without the review and approval of licensee and supervising broker;
11. work as a licensee/secretary in one Company and do real estate related activities with that Company, while licensed with another Company. An unlicensed employee/assistant
1. Answer the phone and forward calls to a licensee
2. Submit listings and changes to a multiple listing service
3. Follow up on loan commitments after a contract has been negotiated 4. Assemble documents for closing
5. Secure documents (public information) from courthouse, sewer district, water district, etc.
6. Have keys made for company listings
7. Write ads for approval of licensee and supervising 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 licensee and supervising 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 licensee
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 licensee 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 the licensee for approval.
A “Team” is defined in South Carolina License Law as two or more associated licensees working together as a single unit within an office established with the SC Real Estate Commission and supervised by a broker-in-charge.
If an agent is considering starting a team they must first meet with the broker-in- charge to review the team policy and approve the team name to ensure it is compliance with license law.
The broker-in-charge is responsible for supervising the team and all licensed members of the team. The broker-in-charge may not delegate supervisory responsibilities to the team members or team leader.
3. Office Space:
All team members must be licensed and work out of the same Real Estate Commission- established office and share the same broker-in-charge. Another office address other than those established with the Real Estate Commission should ever be advertised.
4. Team Name:
Team names must reflect the professional image of the agents involved and the brokerage. Team names may not include the terms ‘realty’, ‘real estate’, ‘realtors’, or similar terms suggesting a brokerage.
Team advertising must contain the team name and the full name of the real estate brokerage firm displayed in a conspicuous way. No team may imply that the team is a separate entity from the brokerage firm of its employment or advertise an address other than the broker-in-charge address listed with the LLR. The team, and any and all team members, must display and promote that they are directly connected to the brokerage firm under which the team works. The brokerage firm name under which the team works is to be displayed prominently and visibly in a meaningful and conspicuous way on all methods of advertising.
6. 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 this written office policy.
All records of this office, 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 this office without the permission of the Broker and no other
information obtained while working for this 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 an Disclosure of Real Estate Brokerage Relationships form or other document. All documents stating a party’s confidential information shall be kept by the Office Manager in a special locked 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
No Associate shall give legal advice to a party, offer opinion, give advice regarding legal rights or obligations of a party. Parties must be advised to consult with their own attorneys. The Associate may explain the preprinted provisions of the standard listing and offer to purchase and any other approved forms the parties may be asked to complete and/or sign.
No 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, beyond the scope of real estate practice, and an explanation is asked for, the 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 SCR Legal Hotline
The South Carolina Association of REALTORS® provides a Legal Hotline to field questions. If you have a legal question, inform your Broker of the question. If they cannot answer the question, you may use the Legal Hotline provided as a no charge member service by SCR. The Legal Hotline can be reached by dialing 1-800-233-6381.
In matters of arbitration, an attorney may be employed at the discretion of the 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 the Broker. The responsibility for payment of such attorney fees will be determined on a case-by-case basis between the Broker and Associate. Inspection Services, Surveys, Etc.
Broker shall not be liable to the Associate for any expense incurred by the Associate unless approved in writing in advance. All inspections and related services, such as well and 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.
SELLER & BUYER AGENCY – including Designated Agency and Dual Agency
This company adopts this written policy identifying and describing the relationships in which the licensees of this company may engage with sellers, landlords, buyers or tenants. As used in this policy, the word “Company” means this company and its affiliated licensees.
The 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), the Company acts as an agent as that term is defined by the Statutes of the State of South Carolina and per the duties and obligations of an agent of a seller (and/or landlord) or buyer (and/or tenant) as specified by the Statutes of the State of South Carolina. The 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), the Company will designate a single agent within the company to represent the buyer and another agent 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 agents of the Company will act as designated agents. The Company's listing agreements and buyer agency agreements contain general permissions for the agents of the Company 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 the agents of the Company act as designated agents, the Broker will be a dual agent for both the seller and buyer as defined in the Statutes of the State of South Carolina.
Subagency is not allowed as it increased the liability of the agent, the broker and more importantly the seller.
1. Default Customer Relationship
Prospective buyers of real estate who do not choose to establish an agency relationship with an agent of the company, but who use the services of the company are considered customers and shall receive the following services:
A licensee 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.
A licensee offering services to a customer shall:
(a) timely present all written offers to and from the parties involving the sale, lease, and exchange of property, even when the property is subject to a contract of sale;
(b) timely account for all money and property received by the broker on behalf of a party in a real estate transaction;
(c) provide a meaningful explanation of brokerage relationships in real estate transactions;
(d) provide an explanation of the scope of services to be provided by the licensee;
(e) be fair and honest and provide accurate information in all dealings;
(f) keep information confidential as requested in writing by the customer; and (g) disclose known material facts regarding the property or the transaction.
A licensee 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.
Agents operating as transaction brokers should have the customer sign a transaction broker agreement/ compensation agreement.
Licensees 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
(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.
Complementing the agency policy chosen by the company are the South Carolina Real Estate Commission Rules and Regulations on Agency Disclosure.
SC AGENCY DISCLOSURE POLICY
South Carolina law requires use of the South Carolina Disclosure of Real Estate Brokerage
Relationships Form as prescribed by the South Carolina Real Estate Commission. The Form must be given to the person at the first practical opportunity to all buyers and sellers with whom the licensee has substantive contact as defined by law.
MANDATORY BUYER AGENCY EVENTS
It is the policy of this company that any agent working in the following circumstances MUST act as a buyer's agent and may not act as a subagent of the seller.
1. The agent is buying property for her or himself. In this case, the agent must reveal his status as a licensee in the personal transaction (includes the purchase, sale, exchange, rental, lease, or auction of real estate.) The agent meets this requirement by disclosing in UNDERLINED CAPITAL LETTERS on the first page of the contract his status as a real estate licensee. Monies received in a personal rental transaction must be deposited in the licensee’s personal trust account and must not be deposited in the broker’s trust account, unless the real property is managed by the broker’s company
2. The agent is working with the agent'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.
COOPERATION AND COMPENSATION POLICY
Mave & Market will cooperate with the following types of agency. buyer, seller, designated, and transaction. Please consult with broker for more specific details as needed.
Sub agency is not allowed to be offered to cooperating agents on our listings.
Seller information that would not be permitted to be discussed with agents outside of Mave & Market should also not be discussed with other agents within the company. This information can only be discussed with the Broker.
When showing one of our listings this is an automatic designated agency situation. (unless in a team situation where this is not allowed).
Any other type of dual agency such as disclosed dual agency should never be done without specific broker permission.
This company maintains a strong policy against any antitrust involvement by the company, its agents or employees. Any potential antitrust issues should be brought to the BIC’s attention immediately. Few obligations can be taken more seriously than this area. This company requires each person associated with the company to participate in antitrust education and acknowledge his/her understanding of these principles. Two areas are the primary antitrust focus.
2. PRICE FIXING: Accordingly, this company its agents and staff are prohibited from discussing with any competitor, including an individual agent, any aspect of the fees the company charges or how total fees are split. This company determines its charges based on the company's own independent internal analysis of its expenses, its revenue, its desired profit level and its choice of the type and level of service it desires to provide.
In any discussion with a member of the public about our charges (such as a listing appointment), the only acceptable answer about why the company charges what it does is the foregoing 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 company's fees, suggest that the potential client call several competitors and ask about their rates.
3. 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. This company prohibits any agent 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 whatever.
BROKER AND ASSOCIATE AGREEMENT OF MUTUAL BENEFIT
The Associate and Broker-in-Charge each agree to engage in business that promotes the utmost manner of professionalism by promoting positive relations, enhancing the business reputation and profits, while increasing community goodwill. The Associate agrees to put forth the best effort in selling, exchanging, and leasing all real estate and business opportunities listed with the Broker-in- Charge and to include the solicitation of new clients and customers for future business. Furthermore, the Associate agrees to act lawfully and ethically at all times. The Associate, as agent for the Broker- in-Charge, agrees to act on behalf of the Broker-in-Charge. If a conflict of interest occurs, the Associate will promptly notify the Broker-in-Charge in writing so that the he can take appropriate steps in rectifying the conflict for the mutual protection of both parties involved in the transaction.
ADHERE TO THE CODE OF ETHICS AND BYLAWS OF LOCAL BOARD AND MLS AND ALLSTATE AND FEDERAL LAWS
Honesty in all business dealings is the best way to get and keep business; it is the most efficient and cost-effective risk reduction method. Goodwill increases self-esteem which in turn has consistently proven to reap larger profits and greater job satisfaction. Professional practice at Mave & Market means conducting business with the utmost integrity towards clients, prospects and other Realtors® .All associated licensees and employees agree to conform to and abide by all laws, rules and regulations, and codes of ethics of the South Carolina Real Estate Commission, South Carolina Law, Federal Law, The Code of Ethics and Standards of Practice of the National Association of Realtors®, the Agent’s Local Board and the South Carolina Association of Realtors®.
The Associate agrees to become a member of the foregoing Associations and to be responsible for all applicable dues and fees, just as the Broker is a member of these organizations and must abide by the rules and regulations thereof.
The following provisions will be complied with at the Associate’s personal cost Real Estate License,
Mandatory Continuing Education, Automobile Insurance Coverage, Taxes, Business Cards, Marketing Expenses, Lockboxes and Sign Frames.. The Associate shall maintain his or her own current real estate license. The Associate shall meet all Continuing Education (CE) requirements as established by the South Carolina Real Estate Commission. The Associate is responsible for all CE, licensing and license renewal fees. The Associate assumes responsibility for all required taxes and acknowledges responsibility to seek qualified tax and/or legal advice.
INDEPENDENT CONTRACTOR DEFINITION
The relationship of the Associate to the Broker-in-Charge is that of an Independent Contractor. This relationship affords the Associate maximum freedom and flexibility. The Agreement must be signed by the Associate and is included upon affiliation with the Broker. To meet state and federal requirements, an Associate is an Independent Contractor if:
1. The Associate holds a valid real estate license, all of the Sales Associate’s income performed as a real estate agent (90% or more) must be directly related to sales or other output rather than to the number of hours worked, and a written agreement that specifically states that the Associate will not be treated as an employee for federal and state tax purposes will be maintained on file.
Each agent will be required to sign an Independent Contractor agreement setting out the relationship as an independent contractor. The following are the criterion for independent contractor status: 1. Income Taxes: All income taxes, federal and state, are the responsibility of the agent. The company does not withhold or pay Social Security taxes on commission earnings. The agent must pay self-employment tax.
2. Unemployment Taxes: As an independent contractor, the agent is not covered under state or federal unemployment laws. Independent contractor real estate agents are exempt from the unemployment laws by South Carolina statute. Accordingly, this company does not pay unemployment taxes on the earnings of its agents.
3. Worker's Compensation: As with unemployment taxes, an independent contractor real estate agent signing a proper independent contractor agreement is exempt from the worker's compensation laws by South Carolina statute. Given this statute, this company does not cover agents under its worker's compensation insurance policy. An agent should check that her/his insurance, particularly health and accident insurance, is adequate.
4. Automobile Insurance: Each agent should carry adequate automobile insurance to protect not only the agent but also the customer or client. Liability coverage in a minimal amount of $200,000 per person and $500,000 per accident should be obtained. Any lesser amounts could cause unnecessary exposure of personal assets. Consult carefully with your insurance agent. Mave & Market recommends that agents do not “taxi” clients or prospects. If they choose to do so, it is done at their own liability and the agent should maintain the above recommended coverage as well as name Mave & Market as an additional insured and provide the company with a certificate reflecting that status.
5. Every agent is reminded of seat belt laws. State law also requires that any child age 6 or younger must be in an approved car seat and be seated in the rear of a vehicle. Also note that any infant's car seat, (children 1 year or younger) should not face forward, but should face the rear of the vehicle and be installed in the rear seat. In addition, children and small adults should not sit in the front passenger seat. Airbags are known to release with such force that injury or death is possible for children and small adults. The Company recommends that agents do no transport clients, especially parents with children, when showing property. Whenever possible the agent should lead their customers or clients or meet them at the properties. The Company feels that this in no way diminishes client level services. While it may reduce the agent’s liability, and further enhance the agent’s productivity - in that they may eliminate wasted time and expense for “taxi service.” As well as giving the client/prospect “private time” to discuss the properties they have viewed.
Tax Filing Requirements
Each Associate is responsible for maintaining the necessary personal financial records for purposes of reporting income for state and federal tax requirements. The Broker-in-Charges’ obligation is limited to providing 1099’s at the end of the year reporting commissions paid to agent.
Termination of Affiliation
Should the Broker and the Associate terminate this relationship; the Associate will immediately turn in all company property including pending file transactions that the Broker may not yet have received copies of. The Broker-in-Charges’ supervisory responsibility shall terminate upon signing of inactive or transfer form.
Any local contracts including sales and listings contracts an agent needs can be found online by logging on to their MLS. Also a link to state contracts can be provided by your broker. All contracts should be studied for a minimum of 1 hour every day until the agent becomes familiar with all of the contracts relevant to the type of real estate the agent engages in if he or she is not already familiar with them when joining Mave & Market. If an agent is unsure which contract to use the agent should contact their broker to determine the appropriate contract.
MULTIPLE LISTING SERVICE MEMBERSHIP
The Associate agrees to become a member of the local Multiple Listing Service and to be responsible for all applicable dues and fees of the MLS and additional non-member fees. Agents are required to reimburse Mave & Market for MLS dues, key renewals, fines or anything billed by their local board and/or multiple listing service
• The Associate understands the Broker is a member of the South Carolina Association of REALTORS®, the National Association of REALTORS®.
• The Associate agrees to abide by the rules and regulations of these organizations to which Broker must adhere as a member thereof.
MISCELLANEOUS ASSOCIATE EXPENSES
• Any expenses relating to customer/client entertainment and agent’s personal promotion will be paid for by the associate. Each business card will display the name and logo of the Broker.
• All education required to maintain licensing and improve brokerage skills, REALTOR® designation courses, unless otherwise approved in writing in advance by the Broker.
• Personal file supplies.
1) Mave & Market will allow agents to negotiate commissions with clients on an individual basis depending on the difficulty and expense involved. ALL COMMISSIONS ARE NEGOTIABLE. 2) Agents may negotiate with buyers and sellers within our guidelines. A selling agent bonus is purely at the discretion of the client and must be approved in writing by the Broker-in-Charge.
3) Listings Agents are not allowed according to our policy to accept listings in which seller refuses to allow us to pay out less than 2.5% to cooperating brokers without Broker approval regardless of commission plan agent is on.
COMMISSION PLAN INFORMATION
Commission plans can only be changed on January 1 of each calendar year. Notice to change commissions must be submitted to Broker by December 1st of each year and please note any contingent contracts from the previous year will be subject to the plan agent was on in that year.
A. 100 PERCENT PLAN DETAILS:
ON THIS PLAN COMPANY PAYS 100 PERCENT COMMISSIONS TO AGENT IN EXCHANGE FOR A FEE OF $2,400.00 WHICH IS DUE UPON SIGNING FOR A 12 MONTH PERIOD, BUT MAY BE PAID IN MONTHLY IN $200.00 INSTALLMENTS OVER THE 12 MONTH PERIOD.
Agent will be allowed to charge any amount they would like in total for their listings on this plan though our Company Policy does NOT allow our agents to accept listings in which seller refuses to pay out at least 2.5% to cooperating broker without Broker approval.
Buyer’s Rebates while not encouraged if not necessary are allowed in any amount on this plan.
a. Payments to company on this plan.
1. If the $2,400.00 annual fee is to be financed, the $200.00 installment fee is due on the first day of each month. Agents have until the last day of the month before we fine the agent a late fee in the amount of $200.00. Under no circumstances will any part of the monthly fee ever be refunded.
2. It is the Company Policy that an agent’s CHECKING ACCOUNT INFORMATION AND credit/debit card be kept on file with the office to pay the monthly fee. CHECKING ACCOUNTS WILL BE DRAFTED on the 1st day of each month. If the bank draft is not successful, the debit/credit card on file will be used to try and process the payment. Unless arrangements are made in advance, any associate on the 100% plan who has a balance will be paid on closings on an 85/15% split until their account is current, at which point, payments will resume on a 100% split as long as the account remains current.
3. At anytime, an associate may for reasons of financial hardship switch to the 85% plan.
B. 85% PLAN DETAILS:
ON THIS PLAN THERE IS NOT A MONTHLY FEE.
Agent will be allowed to charge as little as 2% on the company’s side of their listing though it is always the recommendation to charge as much as possible. Our Company Policy does NOT allow an agent to take a listing where the seller refuses to pay out at least 2.5% to cooperating brokers without Broker approval. So the minimum listing commission on this plan is a total of 4.5% with 2.5% going out and 2.0% staying with the company. C. Commission Check Disbursement:
Generally speaking checks will be ready to be sent out or directed deposited within 3 business days after we receive them. We do our very best to turn checks as quickly as possible.
POLICY IF LEAVING MAVE & MARKET
All listings at Mave & Market are considered by SC Real Estate law to be property of the company; however, with written permission from seller we will arrange to have your non-pending listings transferred to your new company. It will; however, also be expected that all paperwork for listings be turned into office and any monies owed to Mave & Market will be paid before transferring any listing.
If an agent leaves company or goes inactive we will no longer charge agent any upcoming company fees of any kind though no monies will be refunded and the remaining of the agents pending transactions will be subject to a 50% commission split.
On both plans all paperwork is expected to be turned into the office before any commissions are paid.
All earnest money must be turned into your Broker-in-Charge the following business day after receipt. We only accept earnest money in the form of a check, a money order or cashier’s check. We do not accept cash as earnest money.
CHANGES IN NAME, ADDRESS AND PHONE
All changes in name, address, and telephone numbers of any Associate must be reported immediately by the Associate to the Company Manager who will record these changes and report them to the SCAR and the local Board/Association of REALTORS®.
All records of this office, as well as conversations between Associates, Broker-in-Charge and Associates, and Associates and parties to the transaction, are considered confidential and shall not be disclosed. No files shall be removed from the office without the permission of the Broker-in- Charge. All Associates shall also be obligated to honor the confidential information of any client. All documents stating a party’s confidential information shall be kept by the Broker-in-Charge in a special locked file. Access to this information shall be limited to the Associate working with the party.
ERRORS AND OMISSIONS INSURANCE
Errors and omissions insurance generally cover the negligent acts of the insured. It does not cover intentional misrepresentation, fraud or all possible damages for which the agent could be liable. For example, no errors and omissions insurance covers punitive damages.
Errors and omissions insurance does cover defense costs, that is, the legal fees involved in defending a claim against the company or agent. This is very valuable coverage.
The policy of this company is that each agent must notify the Broker-in-Charge as soon as the agent is aware of a possible claim against the agent/broker. "Possible claim" means the potential of a disagreement that could lead to a lawsuit against the company or agent.
A. The key factor in handling a complaint is to LISTEN to what the caller's complaint is. The most appropriate and helpful thing the call handler can do is give the person filing the complaint a full and fair airing of his/her grievance. Many times, simple listening to the complaint does much to alleviate the caller's frustration. Sometimes, being listened to is all the person really wants. ACTIVE LISTENING is critical.
B. Usually, the most successful way to handle the initial complaint call is to validate the caller's concerns. In general, it is best not to challenge the caller or become defensive. GET THE FACTS!! Simply try to get all necessary information from the caller's perspective, even if the complaint handler knows it may not be 100% accurate. Remember to document the conversation in writing. Make notes or write a memo about the conversation as soon as possible.
C. Usually the call can be ended by assuring the caller that the matter will be investigated. The complaint handler should tell the caller what he/she can expect. For example, "Mr. Smith, I would hope you understand that I need to do some research. I will look in to the matter, discuss it with our Broker-in-Charge and get back to you by Tuesday." The caller should always be told what the complaint handler will do and by when. THEN DO IT!!
Agents are required to read all emails coming from their broker-in-charge, managing broker and the compliance manager. Mave & Market Email will come from each source at a minimum of once a month. It is the agent’s responsibility to make sure their email addresses are on file with the company at all times. If an agent changes their email address or is not receiving emails from their Broker, Managing Broker or the compliance manager it is the agent’s responsibility to find out if their current email address is on file with their broker-in- charge, managing brokers and compliance manager.
It is expected that a credit card is kept on file for MLS or board fines that Mave & Market may be responsible because of an agents actions. If a fine is appealed and the appeal is granted Mave & Market will reimburse the agent for this fine.
It is critically important that an agent be aware of safety risks inherent in any business. The residential real estate business presents certain safety risks because of the time of day and week when much of the business is conducted. This company has the following safety policies, guidelines and suggestions:
1. If the agent does not know a customer, try to arrange a meeting at the office
2. NEVER meet a prospect at a vacant house ALONE. ALWAYS take another person with you. DO NOT meet the prospect after dark.
3. ALWAYS let the office or someone at your home know where you will be when showing property, especially to prospects you are first meeting.
4. 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.
5. 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.
6. USE COMMON SENSE. If something doesn't feel right or look right, trust your instincts and remove yourself from the situation.
Listing Clients Information
It is our Company Policy to keep all information confidential and not share it with anyone except your broker-in-charge that could affect the ability to enter into a designated agency agreement if the opportunity was to present itself.
AGENCY POLICY (Client Services)
SELLER & BUYER AGENCY – including Disclosed Dual Agency
The 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 for brokerage services. It is the policy of Mave & Market to use the South Carolina Association of Realtor forms or forms provided by their local area multiple listing service.
In acting as a seller's agents or as buyer's agents, the Company acts as an agent as that term is defined by the Statutes of the State of South Carolina.
If a represented buyer desires to purchase a company listing this will create an “in house” sale. If this buyer is working with a different agent in our company that is not the actual listing agent and has not received confidential information concerning the Seller in connection with the transaction our Company Policy is that all parties should enter into a Designated Agency Agreement which must be signed by buyer, seller and real estate agent. In this event the Broker-in-Charge remains a disclosed dual agent for both clients.
If the agent working on the buyer’s behalf has received any confidential information concerning the Seller in connection with the transaction the company policy is to enter into a Dual Agency Agreement. In this situation a Dual Agency Agreement must be signed by buyer, seller and real estate agent.
If an agent has a listing and the same agent also has a buyer for the same property that is already under a buyer’s agency agreement the company will allow disclosed dual agency though it is extremely important to follow all of the rules. In this situation a Dual Agency Agreement must be signed by buyer, seller and real estate agent.
If for any reason an agent is not comfortable with Dual Agency in cases where it is the only type of agency available it is Company Policy that this agent is required to contact the Broker so that he can assign a Designated Agent to the Buyer.
In cases where someone calls off a sign for one of our listings for example it is advised that the listing agent sign this person up as a customer if prospective buyer wants to put an offer in on this property and are not represented by an agent.
If for any reason an agent is not comfortable with Dual Agency in cases where it is the only type of agency available it is Company Policy that this agent is required to contact the Broker so that he can assign a Designated Agent to the Buyer.
It is against company policy to offer subagency on any of Mave & Market’s listings. The reason being is that a real estate agent from another company could in theory be dishonest and the company as well as the company’s seller could be held liable.
It is the company policy to always have a buyer’s agency agreement signed before showing buyer’s property and within a reasonable period of time after communication has begun. The only yard sign or off an advertisement for this listing for example who is not working with another agent who would like to put an offer on this house. The reason being that this is avoids a dual agency situation which presents a great deal of risk.
It is the policy of Mave & Market to work with prospective buyer’s as customers when they are making an offer on our agent’s listings and are not represented by an agent.
When working with buyer and showing them multiple homes it is the company policy to have a buyer’s agreement signed before showing a prospective buyer a property.
Because of the increasing amount of agents/companies not offering sub agency on their listings it is highly encouraged to not work with prospective buyers as a customer though again it is permissible with permission from your broker.
When given the option, prospective buyers of real estate who do not choose to establish an agency relationship with an agent of the company, but who use the services of the company, are considered customers and shall receive the following services:
A. Identify and show property for sale, lease, or exchange.
B. Provide real estate statistics and information on property such as schools and shopping, etc.
C. Provide pre-printed real estate forms and/or act as a scribe.
D. Locate and distribute lists of professionals such as architects, engineers,
surveyors, inspectors, lenders, insurance agents, attorneys, etc.
The Company, in its dealings with customers, shall: A. Timely present all offers to and from all parties.
B. Timely account for all money and property received by the broker on behalf of a party in a real estate transaction.
C. Provide a meaningful explanation of agency relationships in real estate transactions;
D. Provide an explanation of the scope of services to be provided by the licensee; and be fair, honest and accurate in all dealings. AGENCY DISCLOSURE POLICY Mave & Market has adopted the South Carolina Real Estate Commission Rules and Regulations on Agency Disclosure. This company maintains a policy promoting discussion of agency relationships at the first practical opportunity with a customer by presenting the “Agency Disclosure Brochure.” Agents are required to consult the Broker with agency disclosure questions. The brochure followed by the disclosure form will be given no later than: a) when a listing is obtained from a seller; b) when a buyer requests or accepts representation, especially if a purchase and sale agreement is to be written.
A licensee who becomes a disclosed dual agent shall provide to both buyer and seller an agency disclosure form after buyer has completed and signed a buyer agency agreement and seller has completed and signed a listing agreement. Acknowledgement of receipt of the form by buyer and seller must be contained in their separate agency agreements. A licensee may act as a disclosed dual agent only with the prior consent of the Broker and all parties. The informed consent must be evidenced by a dual agency agreement and must be signed by the buyer before writing an offer and by the seller before signing the sales contract. The agreement must specify the transaction in which a licensee is serving as dual agent and must state that:
• In acting as a dual agent, a licensee represents clients whose interests may be adverse and that agency duties are limited.
• The dual agent may disclose information gained from one party to another party if the information is relevant to the transaction, except if the information concerns:
*The willingness or ability of a buyer to pay more than an offered price; *Confidential negotiating strategy not disclosed in an offer.
*The motivation of a seller for selling property or the motivation of a buyer for buying property.
• The clients may choose to accept or reject dual agency.
• The clients have read and understood the agency agreement and the agency disclosure form and acknowledge that their consent to dual agency is voluntary.
A licensee who becomes a designated agent shall provide to both buyer and seller an agency disclosure form after buyer has completed and signed a buyer agency agreement and seller has completed and signed a listing agreement.
Acknowledgement of receipt of the form by buyer and seller must be contained in their separate agency agreements. Buyers and sellers shall consent to enter into designated agency relationships. The informed consent must be evidenced by a designated agency agreement (provided by the Real Estate Commission) and must be signed by the buyer before writing the offer and by the seller before signing the sales agreement.
Must represent Buyer or Seller :
Before ratification of the real property sales agreement; there must be at least one client in every transaction.
Disclosure of previous agency relationship:
If a licensee with an existing or prior agency agreement with either a customer or a client enters into a new agency agreement with the customer or client, the licensee shall timely disclose that fact and the new agency relationship to all licensees, customers, or clients involved.
Agency Disclosure rules do not apply if:
(A) The transaction is regarding the rental or lease of residential or commercial property;
(B) The communication from the licensee is a solicitation of business; or (C) The transaction is regarding the sale of property by auction.
Written agency agreements are to be sent to the broker for further processing and retention by the company.
MANDATORY BUYER AGENCY EVENTS
It is the policy of this company our agents must have a signed buyers agency agreement before showing property except in cases where someone is looking to make an offer or view a property that they have listed. In these cases it is OK to represent buyer as a customer though the agency disclosure should be presented and explained just like when dealing with any other perspective buyer or seller.
MANDATORY LISTING AGENCY EVENTS
Listings placed on the MLS MUST provide for cooperation and compensation to buyer's agents.
A. Our company policy does not allow sub agency because of the increased risk associated with this type of agency due to the fact that we have no control of people working with buyer’s at other companies.
Compensation shall be defined to include commissions, buyer agency fees, or any referral fees; as well as fees received when buying property for personal use or investment or any other thing of value received in connection with the licensee’s real estate brokerage services.
Schedule of Compensation:
Associate compensation checks will be issued or direct deposited into agents account of choice by the Broker within 72 Business Hours following the Broker’s receipt of payment provided all required paper work is turned into the office and there are not any disputes in regards to the commissions.
Partial Receipt of Commissions:
Associates must obtain the advance written consent of the Broker before acceptance of a promissory note in lieu of a cash commission, or any other agreement to defer receipt of commission.
Agent Purchasing Company Listing:
When an associate is considering purchasing a company listing, the Broker should be contacted immediately. Forfeiture of commission and termination of the listing may result without proper consent from the client. Contact the Broker-in-Charge immediately.
Referrals and Bonuses:
When a referral is sent to a licensee by a cooperating Broker-in-Charge, the licensee must immediately clarify the referral agreement in writing. All payments for referrals and/or bonuses shall be made payable to Mave & Market. Referral fees and bonuses will be treated as if though a regular commission.
Entitlement to Commission:
Compensation shall be documented in writing in all transactions where anything other than the compensation offered through the MLS will be paid. Company commission splits will be paid according to this office policy.
This Agreement is entered effective between Saltbox Properties LLC, dba Mave & Market and the below signed agent (“Salesperson.”).
A. Mave & Market is a real estate brokerage company in the State of South Carolina and maintains offices therein;
B. The Salesperson is duly licensed by the State of South Carolina as a real estate salesperson or broker;
C. Mave & Market and the Salesperson desire to establish an independent contractual relationship to engage in real estate brokerage transactions for their mutual benefit; and
D. Mave & Market and the Salesperson desire that this agreement, the Mave & Market – Policy and Procedures Manual, as amended from time to time, (the “Policy Manual”) and the compensation plan election form evidencing the commission schedule under which Salesperson will be compensated, as amended from time to time, (the “Commission Schedule and Policies”) govern the independent contractor relationship between them.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and such other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Real Estate Brokerage Relationship.
a) Mave & Market and the Salesperson hereby establish an independent contractual relationship whereby the Salesperson shall act as a salesperson representing Mave & Market in real estate brokerage transactions. Salesperson will work diligently and exercise the Salesperson’s best efforts to sell, lease or rent any and all real estate listed with or available to Mave & Market or the Salesperson and to solicit listings and customers for real estate brokerage transactions. Such real estate transactions shall primarily involve residential property and such other types of property as is customarily dealt with by Mave & Market. Salesperson shall also promote the business of serving the public in real estate transactions while striving to achieve mutual benefit and profit to the parties herein.
b) During the Performance of this Agreement and subject to the other terms of this agreement, Salesperson shall be authorized to hold himself or herself out to the public as a salesperson of Mave & Market in performing one or more of the following limited acts (collectively, “Authorized Acts”):
• sale, exchange, purchase, rent, or leasing of real estate;
• offer to sell, exchange, purchase, rent, or lease real estate;
• negotiation or attempt to negotiate the listing, sale exchange, purchase, rental, or leasing of real estate;
• listing or offering or attempting to list real estate for sale, rental, lease, exchange, or trade;
• make market comparisons of value of real estate;
• aiding, attempting, or offering to aid in locating or obtaining for purchase, rent, or lease any real estate;
• procuring or assisting in procuring prospects for the purpose of effecting the sale, exchange, lease, or rental of real estate; and
• procuring or assisting in procuring properties for the purpose of effecting the sale, exchange, lease, or rental of real estate; and
• consulting on any of the areas identified in the bulleted items above.
c) Salesperson is not authorized to hold himself or herself out to the public as a salesperson or other agent of Mave & Market in connection with any of the following acts (collectively, “Unauthorized Acts”):
• inspection, examination, evaluation, or determination of the condition or integrity of the structural, mechanical, electrical, plumbing, and any other components or systems of any structure or improvement to real estate;
• inspection of any structure or improvement to real estate for termites and other wood-infesting organisms;
• evaluation or determination of the need of any structure or improvement to real estate for treatment for termites or other wood-infesting organisms;
• evaluation of the success of any program for the treatment for termites or other wood-infesting organisms performed or proposed to be performed with respect to any structure or improvement to real estate;
• recommendation, referral, or selection of any professional person to undertake any inspection, evaluation, construction, or repair of any real estate or any structure or improvement to real estate for any purpose whatsoever;
• while performing any Authorized Act, making a material misrepresentation, or failing to disclose to a potential purchaser any latent structural defect or any other defect known to the Salesperson;
• while performing any Authorized Act, making a false promise of a character likely to influence, persuade, or induce any person to enter into a contract or agreement when the Salesperson could not or did not intend to keep such promise;
• while performing any Authorized Act, pursuing a continued and flagrant course of misrepresentation or making of false promises through a Salesperson, advertising, or otherwise;
• while performing any Authorized Act, failing to make clear, to all parties to a transaction, which party the Salesperson is acting for, or receiving compensation from more than one party except with the full knowledge and consent of all parties; and
• property management services;
• mortgage lending services;
• placing any advertising in any medium that does not identify Mave & Market as the Salesperson’s company association;
• creating any promotional/advertising materials, either printed or electronic, that do not comply with the Mave & Market Identity Standards, and
• any other act or course of conduct prohibited by the Code of Ethics of the National Association of Realtors any applicable laws or regulations, including, without limitation, SC Code Section 40-57-5 et seq. and any other laws or regulations governing the actions of real estate brokers or sales agents, as amended, modified, supplemented, interpreted, construed, extended, and/or implemented.
2. Independent Contractor Relationship.
a) The parties intend to establish an independent contractual relationship. The Salesperson agrees that he or she is not a servant, employee, joint venture or partner or Mave & Market. The Salesperson shall retain sole discretion and judgment as to the manner and means of conducting the activities enumerated in paragraph 1. (b) above. Beyond assuring that its operations are in conformity with the law and regulations, Mave & Market will not direct or control the Salesperson’s activities as to hours, floor time, open houses, training, vacations, time off or other activities.
b) Salesperson acknowledges that the South Carolina laws of Workers Compensation entitle employees to recover payments for medical expenses, loss of income and disability benefits in the event they are injured while acting within the scope of business related activities. The Salesperson understands that as an independent contractor, her or she is not entitled to Workers Compensation coverage provided by Mave & Market to its employees, and acknowledges that he or she will be individually responsible for any medical expenses, loss of income and/or disability that he or she may sustain while acting as a real estate sales person of Mave & Market .
c) Salesperson may elect to retain a person to act as a personal assistant solely to support and assist Salesperson in the performance of Salesperson’s duties as a real estate sales associate; however, personal assistants who are not licensed real estate agents shall not affect the Commission Schedule. Salesperson shall comply with all policies of Mave & Market, as same may be amended from time to time and including those policies contained in the Policy Manual relating to the retention of personal assistants and shall execute all such documentation required by Mave & Market relating to personal assistants.
3. Payment of Taxes. The Salesperson will not be treated as an employee of Mave & Market for federal or state tax purposes with respect to the services rendered under this agreement. Mave & Market shall, to the extent it is legally required to do so, file all necessary tax information and reports with Federal, state and local taxing authorities, including an Internal Revenue Service Form 1099, to report the commissions of the Salesperson arising under this agreement. Mave & Market shall not withhold or pay income taxes, social security taxes, disability, worker’s compensation, or unemployment insurance payments, or any other assessments or taxes from the commissions of the Salesperson unless required to do so by law notwithstanding the independent contractual relationship of the parties. The Salesperson represents and warrants that the Salesperson will report all income earned from Mave & Market pursuant to this agreement to the appropriate taxing authorities and pay all federal, state and local assessments required to be paid by the Salesperson under law.
4. Office Facilities and Transportation. Mave & Market shall from time to time designate the office with which the Salesperson shall be associated. That office will be provided with such furnishings and other equipment the Mave & Market deems necessary for the proper operation of a real estate brokerage business. The Salesperson is responsible for procuring, at his or her own expense, insurance coverage on any of his or her personal property brought into the Mave & Market offices. The Salesperson, at Salesperson’s expense, shall furnish his or her own means of transportation and computer equipment necessary to the conduct of business. During the term of this Agreement, Salesperson agrees to maintain Automobile Liability Insurance with minimum limits of $250,000/$500,000 covering bodily injury and property damage and to the name Broker as an addition insured. Salesperson agrees, during the term of this Agreement, to maintain his/her license in good standing and agrees, while engaged in real estate business on Broker’s behalf, to obey all motor vehicle regulations.
a) The Salesperson shall be entitled to a share of the commissions earned and received by Mave & Market as provided in the Commission Schedule and Policies, or as may be otherwise agreed in advance by the parties in writing as to a particular transaction. Salesperson understands that Mave & Market may alter the Commission Schedule without prior notification to the Salesperson. Revisions to the Commission Schedule shall be immediately applicable to all transactions involving the Salesperson and the Salesperson will be compensated based upon the Commission Schedule in effect at the time of the closing of the transaction. Mave & Market may deduct amounts for such items more particularly described in the Policy Manual and/or Commission Schedule before paying the commission to the Salesperson, including a per transaction fee for the administration of Mave & Market risk management procedures to Mave & Market.
b) The Salesperson shall charge the parties to a transaction with Mave & Market usual and customary commissions for particular transactions as set forth in the Policy Manual. Any proposed modifications to such customary commissions for a particular transaction must be approved in advance in writing by Mave & Market. The parties to a sales transaction shall be directed to pay all commissions due Mave & Market from such transaction to Mave & Market. Mave & Market will pay the Salesperson’s share of the commissions as soon as practicable after receipt. In no event will Mave & Market be liable to the Salesperson for the Salesperson’s share of commissions not received by Mave & Market, nor will the Salesperson be entitled to any advance or payment from Mave & Market upon commissions not yet received. The Salesperson will not be personally liable to Mave & Market for any commissions not received by Mave & Market from parties to a transaction. It is understood and agreed that the Salesperson’s share of the commissions paid by the parties for a particular real estate transaction. Mave & Market shall have the exclusive right, in its sole and absolute discretion, to determine whether to commence litigation to collect a commission or to settle any such litigation or dispute as to commissions due.
c) From time to time, in the course of conducting business, Mave & Market may agree, in its sole and absolute discretion, to advance funds to or on behalf of the Salesperson. The Salesperson hereby expressly grants Mave & Market the right, without prior notice, to subsequently deduct any such advanced funds or any other amounts owed by Salesperson to Mave & Market under the terms of this agreement from funds owed to the Salesperson by Mave & Market as permitted by law.
6. Policies and Continuing Education.
a) The Salesperson acknowledges that Mave & Market has been highly successful in the real estate brokerage business and, in order to ensure its continued success, has developed methods and procedures for the conduct of its business, including the Policy Manual. Salesperson agrees to follow the terms of the Policy Manual. Mave & Market shall also provide such advice, information and cooperation as the Salesperson shall reasonably request. Mave & Market periodically provides meetings for the education and improvement of the skills of its salespeople. The Salesperson is encouraged, but not required, to attend such meetings.
7. Licensing. Mave & Market will maintain its broker’s license with the State of South Carolina and be a member of the National Association of Realtors (“NAR”), the South Carolina Association of Realtors (“SCR”), various local realty boards or associations and Multiple Listing Services (“MLS”). The Salesperson agrees to maintain the Salesperson’s real estate license in good standing and to become a member of NAR, SCR and the local organizations and MLS of which Mave & Market is a member in those areas where Salesperson will do business. The Salesperson will be solely responsible for the payment of the Salesperson’s professional license fees and will not violate any law or regulation applicable to the conduct of the real estate brokerage business. The Salesperson will, furthermore, abide by the Code of Ethics and Bylaws of the NAR, the SCR and the local realty boards or associations of which Mave & Market is a member in those areas where the Salesperson will do business. The Salesperson shall pay all dues (including Multiple Listing Service fees) in a timely fashion and allows Mave & Market to deduct any dues/fees/or fines assessed to Mave & Market on behalf of the licensee from current payment information on file with Mave & Market.
8. Listing and Deposits. All listings of property and contracts in connection with the real estate business shall be taken in the name of Mave & Market. The Salesperson shall file any listing obtained by the Salesperson with Mave & Market within twenty-four (24) hours after the receipt thereof. All deposits received by the Salesperson on a transaction shall be immediately turned over to principal parties closing agent of choice for further handling in accordance with the instructions of the principal parties. Mave & Market shall also make available to the Salesperson all current open and exclusive listings except those, which Mave & Market may, in its sole and absolute discretion, deem advisable, appropriate or necessary under the particular circumstances to place exclusively in the possession of another salesperson. Mave & Market shall also make available to the Salesperson such prospective purchasers as Mave & Market, in its sole and absolute discretion, shall select and deem appropriate under the circumstances. All listings brought to Mave & Market by the Salesperson upon commencement and during the course of this agreement shall become the property of Mave & Market and remain so upon termination of the Salesperson’s relationship with Mave & Market.
9. Authorized Transactions. The Salesperson will have no authority to bind Mave & Market by any promise, statement, or representation unless specifically authorized to do so in writing by an officer of Mave & Market as to a particular transaction. Mave & Market will not be liable to the Salesperson or responsible to other persons or entities for any expenses incurred by the Salesperson or for any of the Salesperson’s acts, except as specifically required by law. In the event Mave & Market has paid or incurred an expense of a Salesperson, Mave & Market may deduct such amounts from commissions otherwise due Salesperson as provided herein.
a) The provisions of this Section 10 establish the respective rights and liabilities of Mave & Market and Salesperson with respect to legal claims and lawsuits arising out of transactions in which Mave & Market acted as a real estate broker and Salesperson represented Mave & Market as a real estate salesperson, and to all other legal claims and lawsuits in which claims, demands or causes of action are or may be asserted against Mave & Market and/or Salesperson based in whole or in part on an alleged act or omission of Salesperson. For purposes of this Section 10, “legal claims or lawsuits” (hereinafter referred to as “claims”) shall be construed broadly, and shall include, but not be limited to demand letters, consumer complaints, civil lawsuits, criminal proceedings, administrative proceedings (e.g. by governmental authority having the power to regulate and/or discipline Mave & Market business, such as a state real estate regulatory commission), and arbitration proceedings.
b) Mave & Market will obtain and maintain or self-insure for errors and omissions insurance coverage as described in the Policy Manual. The Salesperson shall have the right to acquire such other insurance coverage as the Salesperson may deem necessary to fully protect the Salesperson; however maintaining such coverage will not relieve Salesperson of his or her obligations under Section 5(a) above.
c) The Salesperson shall thoroughly read all legal memos from Mave & Market, all legal materials and memos from the SCR and attend all Mave & Market sponsored legal seminars.
d) In the event of a claim, Mave & Market shall have the right (with the approval of any insurance carrier providing errors and omissions coverage [“E&O Carrier”], as applicable) to appoint legal counsel to represent Salesperson and/or Mave & Market. With regard to a claim for which an E&O carrier tenders a defense, Mave & Market shall have the exclusive right to settle any such claim for an amount equal to or less than the applicable deductible amount, and shall have the exclusive right to consent to a settlement proposed by the E&O Carrier in excess of the applicable deductible amount, provided that the E&O Carrier pays all amounts in excess of the applicable deductible amount for such claim. With regard to any claim that is not covered by an errors and omissions insurance policy (“E&O Policy”) (including a claim that is covered by a self-insurance program maintained by Mave & Market), or a claim that exceeds or might exhaust the policy limits of any applicable E&O Policy, Mave & Market shall have the sole and exclusive right to settle such claim.
e) With regard to any claim that is covered by an E&O Policy or by a self-insurance program maintained by Mave & Market,
f) Salesperson shall be responsible for, and shall pay Mave & Market or reimburse Mave & Market for part of the deductible attributable to such claim (“E&O Deductible”), as set forth in the separate document styled “Policy Regarding E&O Deductible”. Salesperson acknowledges and agrees that Mave & Market may from time to time modify the Policy regarding E&O deductible without prior notification to Salesperson. Salesperson shall be bound by any such modification(s).
g) In addition to Salesperson’s responsibility to pay part of any E&O Deductible (as set forth in the “Policy Regarding E&O Deductible”). Salesperson shall indemnify and hold harmless Mave & Market from any and all other costs or damages (including costs and damages agreed to by settlement) incurred by Mave & Market in any and all legal claims and lawsuits which costs and/or damages are not paid by an E&O policy or by a self-insurance program maintained by Mave & Market. This indemnity obligation includes, all claims, costs, court costs, judgments, fines, penalties, monetary sanctions, damages, exemplary damages, statutory damages, and attorney’s fees incurred or paid by Mave & Market in connection with any such claim. Salesperson understands that certain types of claims may not be covered by real estate agent’s errors and omissions insurance and/or by a self-insurance program maintained by Mave & Market. These claims may include claims of discrimination, fraud, violations of statutory consumer protection laws such as the South Carolina Unfair Trade Practices Act (SC Code 39-5-10, et seq.), other claims based on intentional wrongful conduct, and claims arising out of transactions in which Salesperson is a principal. In the event that a claim is excluded from coverage under the E&O Policy and/or by a self-insurance program maintained by Mave & Market, Salesperson shall be responsible for all amounts paid by or incurred by Mave & Market in the resolution of such claim, whether by settlement, judgment or otherwise. All provisions of this Section 10 shall survive the termination of this Agreement between Mave & Market and Salesperson and will continue in force and effect after any termination of this Agreement and/or any termination of the relationship between Mave & Market and Salesperson.
11. Termination; Nondisclosure. This Agreement and the relationship between the parties are terminable at will by either party without cause immediately upon presenting written notice. After termination of this Agreement, the Salesperson shall be referred to herein as a “Terminated Salesperson” whether the Agreement is terminated by Mave & Market or the Salesperson.
The Salesperson shall not during and for the longest period allowed by law after the termination of this agreement, use, to the Salesperson’s own advantage or the advantage of any other person or entity, any confidential information or trade secrets gained for or from the files or business of Mave & Market. Upon the termination of the Salesperson’s relationship with Mave & Market, all information and property of Mave & Market in the Terminated Salesperson’s possession; including without limitation, manuals, listing books and records, forms, executed agreements and instruments, files, and all other instruments and documents shall be immediately returned to Mave & Market. The Salesperson agrees that, while the breach of this paragraph may cause Mave & Market monetary damages (which Mave & Market may recover as provable according to law), said breach would also cause great and irreparable injury for which there would be no adequate legal remedy to Mave & Market. Therefore, the Salesperson agrees that Mave & Market shall be entitled to injunctive relief to prevent any breach or threatened breach of this paragraph or on a showing of reasonable belief of an intended immediate breach. Therefore the Salesperson also agrees that Mave & Market is entitled to relief for any legal fees it incurs during related breach or threatened breach. Resort by Mave & Market to injunctive or other equitable relief will not be construed as a waiver of any of the rights Mave & Market may have against the Salesperson for damages or otherwise. Any company generated leads, as defined by Commission Schedule A, assigned to Salesperson by Mave & Market are the property of Mave & Market and shall be returned to Mave & Market, together with all documents and other instruments relating thereto, upon termination of this Agreement. Salesperson shall immediately cease contact with all Company generated leads. In the event that the Company generated lead requests to continue working with Salesperson after termination, Salesperson shall be personally responsible to ensure that any commission earned from transaction with the company lead in question shall be paid to Mave & Market and Mave & Market agrees that it shall compensate Salesperson as set forth in this Agreement.
a) Commissions and Listings Upon Termination. In the event this agreement is terminated, the Terminated Salesperson’s proportionate share of any commission on any transactions where a sales contract exists but the transaction has not closed will, after the closing of such transaction and receipt of the commission by Mave & Market, be paid to the Terminated Salesperson. The Terminated Salesperson will be compensated 50/50 split between the Broker and Independent Contractor on sales contingent or pending and any future transactions. However, if the manager of the office with which Salesperson was associated determines that such a transaction requires further work that would normally be rendered by the Salesperson, Mave & Market will make arrangements with another salesperson (the “Covering Salesperson”) in its organization to perform the required work and determine the portion of commission to be paid to such Covering Salesperson. These deals may be subject to a 25% Administration Fee at Broker’s discretion. If the Salesperson terminates this Agreement prior to a closing on a listing obtained by Salesperson as a result of a referral from Mave & Market, the Terminated Salesperson will forego any claims to listing fees on said property. All monies due Mave & Market or Patrick Mahaney from the Terminated Salesperson shall be paid in full to Mave & Market by the Salesperson at the time of termination. This includes any draw balances or personal loan amounts. Any unpaid amounts due Mave & Market may be deducted by Mave & Market from any pending commission or other payments due the Terminated Salespersons. All listings will remain the property of Mave & Market upon termination and the Terminated Salesperson agrees to execute any document presented by Mave & Market confirming this. If, in any event, a listing client of Mave & Market whose listing was obtained by the Terminated Salesperson (a) requests that such listing (the “Terminated Listing”) be terminated by Mave & Market and (b) then lists the property that is the subject of the Terminated Listing with any person or company with whom the Terminated Salesperson is or becomes affiliated, the Terminated Salesperson will pay to Mave & Market, within three (3) business days after closing, a referral fee equal to twenty five percent (25%) of the listing side commission on the sale of the property.
13.Expenses. If the Salesperson is Terminated or leaves Mave & Market during the first six months of his contract, the Broker is entitled to monetary reimbursement. All expenses incurred by Mave & Market for the Salesperson during his contract with Mave & Market will be reimbursable to Mave & Market by the Salesperson upon termination.
14. Computer License Copyright Compliance. With regard to copyright and patent infringement of software, it is the express policy of Mave & Market that Salesperson will, and Salesperson expressly agrees to (1) strictly comply with all applicable laws, rules and regulations regarding unauthorized use or installation of software on Mave & Market’s computer systems and on Salesperson’s computer systems that are used in the course of Salesperson’s business; (2) strictly comply with all license and use agreements in effect for any software used by Salesperson on Mave & Market’s and Salesperson computer systems; and (3) only use computer software programs on Mave & Market’s computer systems that have been duly purchased by and properly licensed to Mave & Market. Salesperson shall not install, duplicate or share any software program, whether owned by Mave & Market or otherwise, without the express written consent of Mave & Market.
15. Counterparts; Digital/Facsimile Signatures. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties sign the same document. All counterparts shall be construed together and shall constitute one and the same instrument. This agreement may be executed by digital/facsimile signature, which for all purposes shall be deemed an original signature.
16. Further Assurances. Salesperson shall, from time to time during this independent contractor relationship and within one year after its termination for any reason, execute and deliver all such further documents and assurances as may be reasonably required by Mave & Market in connection with Salesperson’s obligations hereunder.
17. Amendments. Except as this agreement may be modified by the modification of the Policy Manual and/or Commission Schedule and Policy from time to time, this agreement may only be amended in writing executed by both parties.
18.Venue. This agreement will be governed, construed and enforced pursuant to the laws of the State of South Carolina and all obligations of the parties created hereunder are performable in South Carolina.
19.Construction. This agreement will not be construed more or less favorably among the parties by reason of authorship or origin of language. The word “including” when appearing in this agreement should not be construed to limit the words preceding it and should be construed to mean “including but not limited to”. For purposes of this agreement, whenever a party to this Agreement is entitled to exercise its “sole and absolute discretion”, such discretion may be exercised by that party for any reason or for no reason, whether such discretion is arbitrary, uncontrolled or unreasonable and such exercise of discretion shall be final and shall not be subject to appeal or be subject to adjudication by a court of law, arbitration, mediation, or otherwise.
20. Mave & Market Referral. Saltbox Properties, LLC has a SC LLR office established for referral agents. A Sales Associate can transfer their SC real estate license back and forth between the company’s Mave & Market roster and Mave & Market Referral roster (referral status) with Broker approval. A Sales Associate is not permitted to sell properties while hanging one’s real estate license in referral status but may collect referral fees. A Sales Associate’s commission split while in referral status is 15% and this is applied to all referral fees the office collects from referral agents incoming referrals. All referrals are to be placed with other Mave & Market agents unless out of the Charleston tri county area.
21. Incorporation: Entire Agreement. The Policy Manual and Commission and Policy Schedule are incorporated herein by reference for all purposes. This agreement, together with the Policy Manual, Commission Schedule and Policy and Procedure Regarding E&O Deductible represent the entire agreement between the parties, all representations or understandings having been incorporated herein or otherwise superseded