Real Estate Policy and Procedures for the Real Estate Office

Table of Contents

The following pages contain the general outline for the Policy & Procedures Manual for the Real Estate Office. This outline is subject to change as necessary.

Welcome
Policy & Procedures Manual Guidelines

Company Reference
Interactive Manual
Non-static Document
Manual Objectives
Confidentiality/Non-Disclosure
Personnel Responsibilities to Manual

Glossary of Terms

Real Estate Terminology
Company Terminology
Relevant Acronyms

Company Information

Mission Statement
Goals
Objectives
Legal Identity
Commercial Location
Company Specialization
Ownership
Owner Biography
Company History

General Policies

Employee Policy
Employee Manual
Equal Opportunity Employer
Additional Federal Acts
Harassment, Including Sexual Harassment
Age Discrimination in Employment Act (ADEA)
Family and Medical Leave Act of 1993
Immigration
Required Posters
Drug-Free Policy

Governance and Associations

Government Agencies Industry Associations

Real Estate Policies

Fair Housing
American Disabilities Act (ADA)
Antitrust
Real Estate Settlement & Procedures Act (RESPA)
Foreign Investment in Real Property Tax Act (FIRPTA)
Environmental Protection Agency (EPA)
Residential Lead-Based Paint Reduction Act (RLPHRA)
Federal Communications Commission (FCC)
Fair Credit Reporting Act (FCRA)
Fair and Accurate Credit Transactions Act (FACTA)
Service Member’s Civil Relief Act (SCRA)
Department of Real Estate
Code of Ethics
Property Management

State laws

Local laws and ordinances

Company Job Descriptions

Licensee Positions
Non-licensee Positions
CEO/President
Broker/Manager
Office Manager
Broker Associate
Sales Associate
Sales/Personal Assistant
Transaction Coordinator
Bookkeeper
Assistant Bookkeeper
Administrative Assistant
Receptionist
Property Manager
Asst. Property Manager/Rental Manager
Maintenance Supervisor

Employee Hiring

Sales Agent Recruitment

Company Requirements
Standard License Requirements
Recruitment Sources
Interviews
Commission/Split Negotiation
Recruiting Standards
Full-Time and Part-Time
Transfer of License
Financial Requirements

Employee Policy and Procedures

Licensed Employee Requirements

Sales Agents

Sales Agent/Agent Definition
Broker/Associate Relationship
Independent Contractor Agreement
License Requirements
License Renewal Requirements
Form Requirements
File Confidentiality
Agent Duties
Limitation of Authorization
Sales Agent General Requirements
Agent Commissions
Agents and Fair Housing
Agents and Antitrust
Agents and RESPA
Agent Education
Agent Training
Agent Vacation
Agent Sick time
Office Presence/Contact/Interaction
Sales Meetings
Agent Vehicles
Agent Cellular Telephones/Pages
Agent Cellular Telephone Safety
Agent Commissions
Broker Supplied Items
Agent Supplied Items
Expense Reimbursement
Business Attire
Agent Email
Company Website
Agent Personal Website
Agent Marketing
Use of Personal Assistants
Use of Transaction Coordinator
Production
Client Retention
Agent Renting and Managing
Agent Personally Owned Real Estate
Broker Reviews
Termination

Office Information

Address
Telephone numbers
Office Hours
Email/Internet
Holidays

Office Policies and Procedures

General Requirements
Opening of Office
Closing of Office
Bookkeeping
Funds
Office Machines
Computers
Company Logo/Brand Identity
Form Policy
Documents
Document Shredding
Document Storage
Organization/Filing
Mail and Deliveries
Telephone Policies
Messages
Voice Mail/Messaging System
Cellular Telephones
Pagers
Office Communication Policies
Office/Staff Meetings
Individual Information
Supplies
Visitors in the Workplace
Parking
Email/Internet
Website
Office Common Areas
Workspace Personal Effects
Non-Smoking Policy

Standards of Conduct

Ethics
Confidentiality/Non-Disclosures
Rules of Behavior
Offensive Language
Public Image/Dress Code
Conflict Of Interest
Outside Employment
Attendance Standards
Absence without Notice
Drug-Free Policy
Solicitation
Personnel Conflict
Personnel Resolution Process
Harassment, Including Sexual Harassment

Safety

Safety Policy
Violence and Weapon Policy
Office Safety
Office Safety Rules
Health Issues
Emergency Procedures
Workplace Accidents/Injuries
Field Safety

Fair Housing

Fair Housing Personnel Requirements
Fair Housing and Real Estate Sales
Fair Housing and Clientele
Fair Housing Complaint Procedures

Keys, Lockboxes, and Signage

Keys
Signs
Lockboxes

Vehicles

Company Vehicles
Non-Company Vehicles

Insurance

Group Health Insurance
Dental and Optical Insurance
Life Insurance
Business and Liability Insurance
Errors and Omissions Insurance
Vehicle Insurance
Cobra
Workman’s Compensation Insurance

Trust Accounts

Company Trust Account
Title/Escrow Trust Account

Real Estate Brokerage Relationships/Agency

Agent Relationships
Agency Policy
Disclosure Requirements

Commissions

Broker/Agent Commission Agreement
Commission Policies
Listing Commissions
Referral Fees
Sales Agent Commission Split Policy
Deferred Commission
Commission Payments
Deferred Commission
Yearly Commission Review
Bonuses
Commission Disputes

Procurement of Clientele

Areas of Procurement
Recording of Clientele/Prospects

Marketing

Company Marketing Policy
Company Advertising Policies
Do-Not-Call/Telemarketing
Agent Marketing Opportunities
Agent Marketing Policy
Open House Policies
Floor Duty
Tours/Caravans
Farming

Relocation and Referrals

Referrals
Agent Referrals
Relocation

Showings

Safety
Preparation
Appointments/Cancellations
Feedback/Documentation

Obtaining Listings

Preparation
Listing Appointment
Fiduciary Responsibility
Agency
Listing Type/Length/Forms
Commission Negotiation
Listing Agent
Listing Team

Listing Maintenance

Broker Review
Marketing Price/Terms Adjustments
Listing Reassignment
Listing Renewal Cancelled/Withdrawn Listings
Expired Listings

Purchase Agreements

Credit/Financing
Agency
In-house Offer
Cooperating Broker Offer
Purchase Agreement Offer
Selling Team
Selling Agent Responsibilities
Listing Agent Responsibilities
Disclosures
Ernest Money
Multiple Offers
Counter Offers
FAX Officers
Accepted Offers
Rejected Offers
Broker Review
Reports/Inspections
Sale Pending
Sale Confidentiality
Pending Sale File

Title/Escrow

Agent Responsibility
Earnest Money
Transaction Coordinator
Financing/Credit
Required Inspections/Reports
Escrow Signing
Close of Escrow
Possession
Commission Payments
File Closing

Cancellation of Purchase Agreement

Cancellation Determination
Disposition – Ernest Money Deposit
Re-marketing of Property
Cancellation of Listing

Dispute Resolution Procedure

In-house Disputes
Outside Broker Dispute

Legal Support

Legal Defense Policy
Attorneys
Professional Standards/Grievance Committee

Recognition

Company Awards
Realtor Awards
Community Awards

Appendix

A1 – Manual Acknowledgement
A2 – Independent Contractor Agreement
A3 – Commission Agreement
A4 – Marketing Agreement
A5 – Confidentiality Agreement
A6 – Agent Information Form
A7 – Office Key/Alarm Form
A8 – Disclosure Information
A9 – Change of Information Form
A10 – Internet/Email Agreement
A11 – Office Policy Change
A12 – Cellular Hands Free Agreement
A13 – Policy and Procedures Questionnaire
A14 – Update Document/System Checklist
A15 – Supply Request Checklist
A16 – Year End Checklist

EXCERPTS
Company Information

Mission Statement

It is the mission of (Company Name) to service sales and listings in the Area Name, in an ethical
and moral manner, in accordance with the State Name Department of Real Estate, abiding by
the National Association of REALTORS®, NAR® Code of Ethics.

Goals
It is (Company Name) goal to achieve the following.

• A known name in the list name of area for quality real estate listings and sales
• The top number percent of listings in the list name of area
• The top number percent of closed sales in the list name of area

Objectives

While achieving their goals, (Company Name) objectives are to …

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Property Management Policies

(Company Initials) also offers property management services to their clients. For more
information, refer to the (Company Initials) Property Management Policies and Procedures
Manual, which is interactive with this manual.

• If your company does not do property management, include your policy on managing
  property, such as referrals to professional management companies, forbidding Personnel
  to do property management in the office, etc.

Fair Housing

Fair Housing affects all areas of the real estate industry. There is a separate section on Fair
Housing polices to follow in this manual and many cross-references. (Company Initials) follows
all Fair Housing laws and guidelines. The following federal acts are the foundation for Federal
Fair Housing.

Sales Agent Recruitment

The (Company Initials) recruitment policy is to follow the guidelines of the Internal Revenue
Service, governing state agencies, Fair Housing, the American Disabilities Act (ADA), and the
National Association of REALTORS® Code of Ethics, in their recruitment of Sales Agents as
Independent Contractors.

Company Requirements for Recruiting

(Company Initials) hires either licensed Broker Associates or Sales Associates as Sales Agents.
The Broker/Manager determines if Sales Agent positions are available and pursues active
recruitment. (Company Initials) is always open to opportunities to obtain top real estate
producers for the company.

• Sales Agent Standard License Requirements
• All licensed Sales Agents must have current Real Estate license in the State of…

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Financial Requirements

During the hiring process, (Company Initials) outlines their expectations of Sales Agents, which includes,
but are not limited to the following:

• To list and sell property
• To maintain office contact
• To participate in Tours/Caravans/Floor Duty
• To provide their own transportation and the transportation of their clients, as well as their own
  vehicle maintenance and expense
• To pay their own dues in professional organizations
• To pay for their own lock-boxes and lock-box key deposit
• To pay for the services of personal assistants or transaction coordinators
• Pay for Agent marketing as outlined in the Sales Associates section of this manual.
• To pay for all personal medical and/or dental plans, vehicle insurance, and personal Errors and
  Omissions Insurance
• To fill out and sign appropriate documentation needed for IRS and State purposes to support
  their Independent Contractor status
• To notify (Company Initials) of any problems with listings or…