PREMIERE PLUS POLICIES AND PROCEDURES (V )

Transcription

1 PREMIERE PLUS POLICIES AND PROCEDURES (V ) MARKETING GUIDELINES AND USE OF REGISTERED TRADEMARK PREMIERE PLUS REALTY, CO. NAME & LOGO 1. ALL MARKETING REQUIRES APPROVAL BEFORE GOING TO PRINT, POST OR PRODUCTION (Includes: websites, postcards, flyers, newsletters, personal mailings, signs, business cards, auto magnets, magazine ads, Craigslist & EBay advertising, social media business pages, blogs or gifts and any other materials that incorporate the name Premiere Plus Realty, Co., names relative to brokerage or any relative information associated with real estate advertising while salesperson is licensed under Premiere Plus Realty, Co.) 2. THE PREMIERE PLUS REALTY, CO. LOGO MUST BE DISPLAYED ON ALL MARKETING, EXCEPT MATERIAL THAT DOES NOT ALLOW IMAGES. (RE: CLASSIFIED ADS, SIZE LIMITED PLACEMENT, ETC.) 3. PREMIERE PLUS REALTY, CO., REGISTERED TRADEMARK LOGO MAY NOT BE MODIFIED, STRETCHED, COLOR CHANGED, ENHANCED OR EDITED IN ANY WAY. Below are some examples or correct usage: Example of incorrect usage: Page 8 of 15

2 PROPER DISCLOSURE MUST BE PRESENT ON ALL MARKETING SENT TO THE GENERAL PUBLIC. 1. USE IF DISPLAYING HOUSING OR PERSONAL MARKETING INFO OPTION 1: If your home is currently listed, please disregard this solicitation. OPTION 2: If your property is currently listed for sale, this is not a solicitation for that listing. All facts and information in this publication are believed to be accurate and not warranted and should be verified. 2. USE IF DISPLAYING PROPERTY INFORMATION THAT CONTAINS DATA USED IN THE MLS OR OTHER DATA FROM LISTINGS THAT HAVE NOT BEEN REPRESENTED BY BROKER. OPTION 1: If your property is currently listed for sale, this is not a solicitation for that listing. Based on information from the (ENTER SOURCE) for the period (ENTER DATE) through (ENTER DATE), these properties were not all listed or sold by Premiere Plus Realty Co. and were listed or sold by various MLS Participating Offices. These properties may not be all the listed properties in the target area. All material facts and information from (ENTER SOURCE) should be verified. 3. THE TERM REALTOR MUST BE USED IN ALL CAPS WITH THE REGISTER MARK, PER THE NATIONAL ASSOCIATION OF REALTORS. See for more info. MARKETING LAUGUAGE AND COMPANY GUIDELINES 1. ABSOLUTELY NO LISTING COMMISSIONS MAY BE ADVERTISED TO THE GENERAL PUBLIC 2. WHEN OFFERING DISCOUNTS IN MARKETING FOR LISTINGS, NO MENTION OF DISCOUNTED COMMISSION OR RATES MAY BE PRESENT. (EXAMPLE: 5% COMMISSION TO LIST, REDUCED COMMISSION RATES, 10% REBATE TO SELLER) *NOTE: PREMIERE PLUS REALTY, CO. MUST REMAIN UNIFORM AS A COMPANY WHEN MARKETING TO THE GENERAL PUBLIC. DISCOUNTS IN RATES OR COMMISSION, MAY BE OFFERED WHEN DISCLOSED IN CONVERSATION, IN PERSON OR BY WAY OF CERTIFICATE. IDX & WEBSITE INFO INTERNET DATA EXCHANGE (IDX) BROKER RECIPROCITY IS AVAILALE TO ALL PREMIERE PLUS AGENT IN THE FOLLOWING WAYS. 1. OPTION 1: (FAR & MATRIX) FRAMEABLE IDX LINKS ARE AVAILABLE THROUGH YOUR LOGIN AT or MatrixMLS system / NO LEAD CAPTURE - CONSUMERS MAY NOT REGISTER USING THIS OPTION / NO ADMIN CONTROL 2. OPTION 2: (FAR) IDX DATA / REQUIRES PROGRAMMING / PREMIERE PLUS REALTY, CO. OFFICE TO PROVIDE THE (FAR) IDX FEEDS FOR WEBSITE VENDORS. ADDITIONAL COST MAY APPLY FROM THE VENDORS PROVIDING THE SEARCH COMPONENT OR WEBSITE USING THIS DATA. PLEASE SEND A REQUEST TO ADMIN@PPRMAIL.COM 3. OPTION 3: MLS RETS DATA IS PROVIDED BY THE BOARD OF REALTORS. PREMIERE PLUS REALTY, CO. WILL AUTHORIZE THIRD PARTIES TO USE RETS DATA. ACCESS REQUIRES AGREEMENT SIGNED BY LOCAL BOARD, BROKER AND VENDOR. PREMIERE PLUS REALTY WILL NOT BE RESPONSIBLE FOR SET-UP PAYMENT OR ACCESS FEES FOR THIS DATA. Page 9 of 15

3 SIGNS (OPEN HOUSE & EVENT GUIDELINES) 1. ALL SIGNS MUST BE APPROVED BY THE PREMIERE PLUS REALTY, CO. MARKETING DEPT., PRIOR TO PRINTING IF NOT ALREADY APPROVED BY ONE OF THE COMPANY VENDORS. 2. ALL SIGNS MUST INCLUDE THE PREMIERE PLUS REALTY, CO. REGISTERED TRADEMARK LOGO. THE PREMIERE PLUS LOGO MUST BE 25% LARGER THAN TEAM LOGOS, NOT TO CONFUSE THE GENERAL PUBLIC. 3. FOR SALE SIGNS MUST FOLLOW THE PREMIERE PLUS REALTY, CO. COLOR SCHEME OF BLACK, GOLD AND WHITE. 4. ALL SIGNS INCLUDING OPEN HOUSE SIGNS, MUST COMPLY WITH CITY, COUNTY AND COMMUNITY ASSOCIATON REQUIREMENTS. (WHEN LISTING IN A COMMUNITY, CONTACT THE ASSOCIATION FOR SPECIFIC SIGN GUIDELINES) *Download Collier Co. & City of Naples sign guidelines at Below are some examples or correct usage: OPEN HOUSES AND EVENTS 1. Salesperson agrees to abide by city, county and association regulations for any open house or event. Premiere Plus Realty, Co., does not maintain current guidelines per locations for such events and Salesperson is required to acquire the proper rules and regs. 2. All signage for events must follow the City and County regulations. 3. No alcohol is allowed at any events where Premiere Plus Realty, Co. is authorized as listing broker. COMMISSION DISCOUNTS AND CREDITS 1. COMMISSION REBATES AND DISCOUNTS ARE AVAILABLE TO BUYERS, SELLERS AND OTHER AGENTS UP TO 100% OF COMMISSION EARNED, EXCLUDING CLOSING FEES DUE TO THE PREMIERE PLUS REALTY, CO. OFFICE. CLOSING FEES ARE TO BE MADE PAYABLE TO PREMIERE PLUS REALTY, CO. 2. AGENT OWNER PROPERTIES OR AGENT PURCHASES MAY WAIVE FULL COMMISSION, EXCLUDING CLOSING FEES TO PREMIERE PLUS REALTY, CO. CLOSING FEES ARE TO BE MADE PAYABLE TO PREMIERE PLUS REALTY, CO. AND DISCLOSUED ON THE HUD WHEN DEAMED NECCESSARY. *CLIENT PROCESSING FEES APPLY TO OWNER AGENTS. 3. BUYER AND SELLER REBATES MUST BE AUTHORIZED BY BROKER OPTION 1) MAY BE CREDITED PER BROKER APPROVAL ON THE FINAL SETTELMENT STATEMENT (HUD-1) OPTION 2) MAY BE GIVING TO CLIENT AFTER CLOSING / PREMIERE PLUS REALTY, CO WILL NOT DISPURSE FUNDS TO CLIENTS FOR REBATES. *NOTE: SOME BUILDER/DEVELOPERS DO NOT ALLOW CLIENT CREDITS OR REBATES FROM COMMISSIONS TO BE GIVEN ON THE HUD OR OUTSIDE OF CLOSING. PLEASE CHECK WITH THE PROPER PARTIES TO DETERMINE IF IT IS ALLOWED. Page 10 of 15

4 FILES AND PAPERWORK TIMELINES & FINES 1. LISTING AND SALES CONTRACTS, INCLUDING SHORT SALES AND BANK OWNED (REO) PURCHASES ARE DUE IN THE OFFICE 5 BUSINESS DAYS AFTER THE EFFECTIVE DATE. All listing agreements are NOT effective and shall NOT appear in the mls, until acknowledged by Broker and copies delivered to seller. 2. FILES MAY BE TURNED IN VIA, APPFILES, , FAX OR DROP OFF. 3. NEW CONSTRUCTION CONTRACTS ARE DUE IN THE OFFICE 30 BUSINESS DAYS AFTER THE EFFECIVE DATE. 4. ALL PAGES AND ADDENDUMS TO THE CONTRACT ARE REQUIRED TO BE TURNED INTO BROKER. 1. A $25 FINE WILL APPLY TO ANY CONTRACTS TURNED IN AFTER THE 5 BUSINESS DAY REQUIRED TIMELINE. 2. A $25 FINE WILL APPLY TO ANY MISSING PAPERWORK TURNED IN AFTER THE 10 BUSINESS DAY NOTICE TO COMPLY. 3. A $200 FINE WILL APPLY TO ANY CONTRACTS TURNED IN AFTER CLOSING. BUYER AND SELLER PROCESSING FEE 1. PREMIERE PLUS REALTY, CO. CHARGES BUYERS AND SELLERS WORKING WITH PPR AGENTS A $195 PROCESSING FEE PER CLOSING FOR FACILITATING THE FILE AND PROCESSING THE TRANSACTION. THE FEE APPLIES TO NO BROKERAGE SITUATIONS. THIS FEE SHALL BE DISCLOSED TO PARTIES, BY MEANS OF THE PREMIERE PLUS REALY, CO. PROPERTY DISCLOSURE, CONTRACT OR ADDENDUM AND MUST SIGNED BY PARTIES IN ORDER TO BE COLLECTED AND PROCESSED ON THE FINAL CLOSING STATEMENT OR HUD. 2. IF THE FEE IS NOT DISCLOSED IN WRITING TO BUYER OR SELLER AND COLLECTED AT CLOSING, THEN THE FEE WILL BE REFUNDED BACK TO THE PARTY AND CHARGED TO THE PREMIERE PLUS REALTY, CO. SALES ASSOCIATE. 3. THE $195 PROCESSING FEE IS PER BUYER AND SELLER, PER CLOSING. 4. THE $195 PROCESSING FEE APPLIES TO OWNER AGENTS. 5. THE $195 PROCESSING FEE MUST APPEAR IN THE 700 SECTION OF THE FINAL CLOSING STATEMENT OR HUD IN ORDER TO BE COLLECTED TO COMPLY WITH RESPA GUIDELINES. IF THE FEE COLLECTED IS OUTSIDE THE 700 SECTION OF THE HUD, THE FEE WILL BE REFUNDED TO THE PARTY AND CHARGED TO THE AGENT. (*RULE OF THUMB MAKE SURE TO REVIEW THE FINAL HUD TO CONFIRM THE CLOSING AGENT HAS ENTERED THE FEE IN THE PROPER SECTION.) REQUIRED DOCUMENTS (Includes Residential & Commercial) LISTING CONTRACTS 1. PPR New File Information Sheet (all pertinent numbers, names, etc.) 2. Brokerage Agency Disclosure (Single Agency, Transaction Broker, Non Representation.) 1. Listing Contract with any Addendums, Notices, Disclosures, etc. 3. Sellers Property Disclosure (Voluntary in the State of Florida) OR- Defective Drywall Disc. 4. PPR Closing Cost Disclosure (Discloses the acknowledgment of the $ client processing fee) SALES CONTRACTS 2. PPR New File Information Sheet (all pertinent numbers, names, etc.) 3. Brokerage Agency Disclosure (Single Agency, Transaction Broker, Non Representation.) 4. Sales Contract with any Addendums, Notices, Disclosures, etc. 5. Sellers Property Disclosure (Voluntary in the State of Florida) OR- Defective Drywall Disc. 6. PPR Closing Cost Disclosure (Discloses the acknowledgment of the $ client processing fee) Page 11 of 15

5 LEASE LISTINGS CONTRACTS (Includes long term and short term rentals) 1. PPR Rental New File Information Sheet (all pertinent numbers, names, etc.) 2. Lease Listing Contract 3. Premiere Plus Rental Tax Notice (Excludes commercial) TENANT LEASE CONTRACTS (Required if Premiere Plus Realty has the lease listing or agent assisted in lease) 1. PPR Rental New File Information Sheet (all pertinent numbers, names, etc.) 2. The only 3 accepted Lease agreements; - Supreme Court approved FAR lease - A lease drawn up and filled out by an attorney (Salesperson cannot advise or fill out) - A lease agreed to and arranged between Landlord and Tenant (Salesperson cannot advise or fill out) 3. Salesperson is required to provide Tenant the Florida Residential Landlord and Tenant Act COMMISSION CHECK DISBURSEMENT OPTIONS OPTION 1: GET PAID AT CLOSING THE SAME DAY FROM CLOSING COMPANY OR ATTORNEY. 1. You must fill out the Get Paid at Closing application (located at and submit it to the office at least 4 business days prior to closing. 2. We will then authorize the closing company to pay you directly at closing, based on the information you provide. Agents cannot authorize direct payment and broker approval is required. (State Law) Conditions to Get Paid at Closing 3. ALL FILES MUST BE COMPLETE 4. Any transaction fees, processing fees and agent past dues will be deducted from funds at closing. 5. If processing fee is being charged to your client, it MUST appear in the 700 section of the HUD. 6. Agent/owned or agent purchased properties MUST include transaction fees on the HUD, even if commission is being waived. 7. The closing company will issue us a separate check for fees due to Premiere Plus Realty, Co. 8. If the commission includes a referral to be paid, the total commission check must be processed through the office and you will not be authorized to get paid at closing. 9. Agent must provide a copy of commission received and final HUD or Settlement Statement. 10. Premiere Plus Realty, Co. will issue amounts on the year-end IRS 1099 form for commissions paid directly to you at closing. OPTION 2: GET PAID FROM THE PPR OFFICE BY CHECK. (Includes Rentals) 1. ALL FILES MUST BE COMPLETE 2. Checks received in the office before 3:30 pm will be available the next business day after 1:00 pm. 3. Checks received in the office after 3:30pm will be available the 2 nd business day after 1:00 pm. 4. ANY COMMISSION CHECK WIRED TO PREMIERE PLUS REALTY, WILL BE READY THE NEXT BUSINESS DAY AFTER 1:00 PM, (SALESPERSON AND CLOSING AGENTS ARE RESPONSIBLE TO NOTIFY THE OFFICE THAT A WIRE HAS BEEN SENT.) OPTION 3: GET PAID FROM THE PPR OFFICE BY DIRECT DEPOSIT. (Includes Rentals) 1. ALL FILES MUST BE COMPLETE 2. Signed authorization and voided check required to direct deposit funds to Salesperson s account. 3. $2.50 processing fee applies to each direct deposit and is subject to change without notice. 4. Direct deposit will take 3 business days to fund to account. Processing time may vary between banks. Page 12 of 15

6 RENTALS AND PROPERTY MANAGEMENT Premiere Plus Realty, Co. authorizes sales associates to list residential and commercial properties for lease and procure tenants for lease listings under the following conditions. **LEASE LISTINGS (Includes Short term and Long Term) 1. All lease listings must be taken in the name of the broker and landlord 2. The only accepted lease listing agreement shall be the NABOR lease listing agreement. 3. NO PROPERTY MANAGENT IS ALLOWED UNDER THE NAME OF PREMIERE PLUS REALTY *Property management is defined by PPR as any property services other than; listing a property for lease, marketing a property for lease under the name of the brokerage and procuring a tenant. 4. Premiere Plus Realty will not accept or hold security deposits, taxes or other fees associated with rental 5. Landlord is responsible to pay broker the full commission up front and not monthly. 6. Listing and Co-broker commission is due upon or prior to check-in, unless specified differently and agreed to in writing from both Premiere Plus Realty, Co. and Landlord. 7. Premiere Plus Realty, Co will not collect or pay any state or county taxes on behalf of the Landlord. 8. Salesperson is required to give Landlord the Premiere Plus Realty Rental Tax Notice 9. Landlord or listing agent are required to provide terms of lease 10. Any advertising of lease listings must have full disclosure of brokerage information whether the information is displayed in mls or not. Re: All websites and marketing must disclose brokerage info. 11. Owner/Landlord Salespersons, must pay co-broke commission through the listing brokerage, even if waiving listing rental commission. 12. A minimum transaction fee of $50 will be collected for all rental and referral transactions, where Salesperson waives listing commission. This applies to agent/owner landlords and Salesperson opting out of listing commission. TENANT (Includes Short term and Long Term) 1. The only accepted lease agreements are: - Supreme Court approved FAR lease - A lease drawn up and filled out by an attorney (Salesperson cannot advise or fill out) - A lease agreed to and arranged between Landlord and Tenant (Salesperson cannot advise or fill out) 2. All monthly rental payments, security deposits, taxes or fees MUST go directly to Landlord or property management Company. 3. If tenant is paying listing commission and co-broke on behalf of the Landlord, only the commission amount will be accepted by broker. Any extra amount will be refunded or returned to tenant. 4. It is a license violation to accept any funds or commissions in any name other than the brokerage. 5. Salesperson is required to provide Tenant the Florida Residential Landlord and Tenant Act *Salesperson agrees not to perform any property management as a licensed Sales Associate under Broker or Premiere Plus. Any services provided to homeowners that fall in accordance and guidelines of property management, MUST be serviced by a separate entity other than Broker and is licensed and insured according to the State of Florida and required county of record. Salesperson agrees that any violation of this Section is grounds for immediate termination. Accordingly, Salesperson agrees to indemnify and hold Premiere Plus harmless, from violating the foregoing. Page 13 of 15

7 GETTING PAID IN CORPORATIONS. WHAT YOU NEED TO KNOW 1. Create, establish OR amend a PA, LLC or PLLC to include your legal name only. (example: John R. Smith, PA. or John Smith, LLC) 2. Amend your State of FL Real Estate Lic at DBPR with DBPR - RE16 form to reflect the full corporation entity name. 3. Notify Premiere Plus Realty with IRS - W9 form filled out with your corporation entity name including TIN (Tax ID Number.) HOW PHONE CALLS ARE HANDELED 1. Salesperson is responsible to maintain a line of communication at all times. (re: cell phone or landline) 2. Premiere Plus Realty, does not designate personal voic boxes for Salespersons 3. All calls are transferred to the number provided by Salesperson. HOW FAXES ARE HANDELED 1. Salesperson is required to maintain their own fax communication and not abuse or over use the office for their business faxes. 2. The office does not provide salesperson with company fax numbers or efax numbers 3. Premiere Plus receives faxes via efax, received directly to Any incoming faxes for salesperson will automatically be forwarded to salesperson s address. TEAMS & AGREEMENT 1. All team agreements are required to be in writing, signed by both parties and a copy of the agreement held on file at the office. 2. Team agreements can be any combination or splits agreed to. Additional fees may apply for more than 3 checks cut or direct deposits per closing. 3. Any agreements between Salespersons that are not in writing will be determined by broker and closing fees will be processed accordingly. 4. All parties to said team agreements agree to be bound by the Terms of this Agreement. YEAR END TAX FORM 1099s 1. Year-end income reports and 1099s are issued in January for the previous year 2. Salesperson is required to provide Premiere Plus Realty, Co. a signed IRS W9 form to keep on file. 3. Salesperson is required to notify Premiere Plus Realty, Co. of any address change immediately. 4. Premiere Plus Realty, Co. will issue any amount on the year-end IRS 1099 form for commissions paid directly to you at closing. WHEN YOU HAVE QUESTIONS ABOUT ETHICAL AREAS, TECHNICAL AREAS, ETC., AND YOU CANNOT REACH THE BROKER OR ONE OF THE OWNERS, JUST THINK INTEGRITY! WHAT WOULD I WANT DONE TO ME IN THIS OR ANY CIRCUMSTANCE? Page 14 of 15

8 Having read and understood the above INDEPENDENT CONTRACTOR AGREEMENT, including Broker s Policies and Procedures, I herewith agree to and freely sign this document. Salesperson: Please fill in all (*) Required information below. * Salesperson s Signature * Date * Salesperson s Printed Name * Primary Address (home or business) * State * Zip * Mobile / Cell Phone Home Phone * Fax Number (if any) * SSN, EIN or TIN (for 1099 purpose) * Address * FREC License Number Lic. Date * Comments (re: website, request) * License Status: NEW AGENT / TRAINING ADDENDUM REQUIRED SEASONED AGENT * Primary Board: NABOR BEAR MIAAR FT MYERS MIAMI Other Secondary Board (MLS Subscribership): NABOR BEAR MIAAR FT MYERS MIAMI Other Referred by: Website Letter Yellow pages Other Agent or Broker Former Broker (if applicable) Choose Office for Printer/Copy & Fax (if available): DOWNTOWN NAPLES VANDERBILT N. NAPLES MARCO ISLAND ESTERO PREMIERE PLUS REALTY CO. David R. Gallus, Broker Date Page 15 of 15