Third Party Service Provider AGREEMENT REALTOR /BROKER

Transcription

1 Third Party Service Provider AGREEMENT REALTOR /BROKER For the Federal Government s Integrated Relocation Program (IRP) Administered by Brookfield Global Relocation Services (Brookfield GRS) Government Service Division Effective date, December 1 st, 2015 to November 30 th, 2016 SECTION A: GENERAL INFORMATION AND INVOICING REQUIREMENTS ABOUT Brookfield GRS Brookfield Global Relocation Services (BROOKFIELD GRS) is a division of Brookfield Residential Property Services Ltd. We have been working with Canadian companies and their transferring members/employees (transferees) since Brookfield GRS is Canada's largest full-service relocation company and provides relocation consulting services to the Government of Canada under the Integrated Relocation Program (IRP), moving tens of thousands of women, men and their families, each year. ABOUT THE INTEGRATED RELOCATION PROGRAM Each year the Public Service, the Canadian Forces and the Royal Canadian Mounted Police relocate approximately 18,700 employees and their families. The purpose of the IRP is to reduce relocation costs while reducing the stress of moving for transferees and their families. Under the IRP, Brookfield GRS provides consultation and information services to help transferees make informed decisions regarding their transfer particularly in selling a house or terminating a lease and in buying or leasing a property in their new location. Brookfield GRS has on-site staff at 28 Canadian Forces Bases as well as in some major centres in Canada. As part of the Program, Brookfield GRS has developed a Third Party Service Provider (TPSP) directory. One of the fundamental principles of the IRP is the open participation policy. This means that any and all suppliers are free to register and participate in the IRP as long as they accept the terms and conditions of the Agreement and abide by the fee schedule and agreed upon level of service. Brookfield GRS does not recommend suppliers. The transferee chooses a Supplier or Suppliers in their area and either contacts them directly or instructs Brookfield GRS to make the contact on their behalf. HOW TO PARTICIPATE There is no charge to be listed in the TPSP Directory and to participate in the IRP. Brookfield GRS will not ask for or accept any referral fee from any Supplier. Suppliers, who have completed the on-line Commitment process, will be included in the TPSP Directory. Your acknowledgement of the conditions for participation as part of the on-line process confirms the following: I certify that I meet the conditions for participation in the IRP, which are listed on the Agreement (Sec. B-Terms and Conditions). I commit to meeting the service-level standards listed on the Agreement (Sec. B-Terms and Conditions - Service Level Standards). Page 1 Realtor/Broker Agreement December 2015

2 I agree to use Brookfield GRS administrative procedures for reporting and invoicing as per the Agreement (Sec. B-Terms and Conditions - Service Level Standards). I commit to the established fee schedule and will not exceed said fee for services as described in the Agreement (Sec. C-Fee Schedule). I agree to Brookfield GRS performance management escalation process (Sec. D-Performance Management). I understand that if I provide services to transferees that are not described under the Agreement for the IRP, I will invoice the transferee directly for those services. I understand and accept that Brookfield GRS has the authority to remove my registration from the TPSP Directory if I fail to honour the Agreement in any way. HOW YOU GET STARTED You may register on line by visiting This is a secure, password-protected site that offers you a convenient and easy way to register as well as keeping your company information and profile up to date. HOW TO GET SELECTED While being listed in the TPSP directory provides you with an opportunity to participate in the IRP, it does not guarantee that the transferee will request your services during their relocation. In many cases, the transferee selects a Supplier and contacts them directly. Like other Canadians, transferees select Suppliers in various ways; based on their own experience with individuals and with companies, on recommendations from friends, colleagues and neighbours or on advertisement by Suppliers. WHAT HAPPENS NEXT When you receive a call for service under the IRP, you must confirm the following: That you have an arm s-length relationship with that transferee and his/her family. That you are available to meet their needs and timelines (If not, you must advise the transferee and Brookfield GRS in order for the transferee to select another TPSP.) That the property is located in an area entered under your profile for which you have agreed to the set fee as established in Section C: fee schedule If you are available to provide the services, you then proceed in accordance with the service standards identified on the Agreement. Page 2 Realtor/Broker Agreement December 2015

3 HOW TO GET PAID You must, upon a successful sale of the transferee s property, forward instructions and all applicable documents including a copy of the Certification of Service Received letter duly signed by the transferee to the lawyer/notary handling the transaction. The lawyer/notary will disburse the real estate commission as directed by Brookfield GRS. You can also send a copy of the Certification of Service Received letter to the Administrative Support Centre either by at supportcentre@brookfieldgrs.ca or by fax at (902) Once the house has sold the lawyer/notary will send the real estate commission to the broker representing the listing REALTOR /BROKER. We look forward to a mutually beneficial relationship with you in providing the highest level of service to our transferees and their families. We encourage all participating TPSP to visit your website periodically to check for updated Program information at Feel free to contact the IRP Supplier Centre should you require assistance at: IRP Supplier Centre BROOKFIELD GRS Government Services Division Integrated Relocation Program Tel: (613) suppliercentre@brookfieldgrs.ca Page 3 Realtor/Broker Agreement December 2015

4 SECTION B: REALTOR /BROKER AGREEMENT (TERMS AND CONDITIONS) I certify and agree that: Conditions for Participation in the Program - REALTOR /BROKER I am a licensed REALTOR /BROKER and I hold a valid permit to operate in my province. (Only TPSP with the above accreditation can be part of Brookfield GRS TPSP directory). I understand that a REALTOR /BROKER found to be listing the transferee s property on an exclusive basis or charging fees above the real estate schedule as established herein will be removed from the Third Party Service Provider (TPSP) directory for the IRP. I understand that I must disclose in writing whom I am representing as an agent in the transaction. Parties to a transaction must be told what their agency relationship is to the REALTOR /BROKER. I will not undertake work for any transferee unless I have an arm s-length relationship with that transferee and his/her family. As the REALTOR /BROKER representing the transferee for the sale of his property, I may refer the transferee to another REALTOR /BROKER in the new location to act on their purchase. However, if this REALTOR /BROKER is not already a participant of the Program and chooses not to participate, the referring agent must confirm that a buyer agency commission will not be charged to the transferee. I agree that no commission will be charged to the Transferee under Buyer Agency Agreements. I have provided complete and accurate information on my personal profile during my registration to the Brookfield GRS TPSP directory and I am responsible to maintain and modify any information should there be any changes in my status. I understand that if I fail to meet the transferee s expectations after making my best efforts to resolve a situation, the transferee may request a transfer of the listing or the purchasing assignment to another REALTOR /BROKER. The listing may remain with the same brokerage firm at the discretion of the Transferee. I will not solicit, give or receive referral fees or any other form of compensation to/from Brookfield GRS, Government Services Division. I agree to comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) as follows: I acknowledge that I am obliged to comply with the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 (referred to herein as PIPEDA ) and with the Brookfield GRS privacy policy (the Brookfield GRS privacy policy is available in print format at I acknowledge and agree that for the Term of my Agreement with Brookfield GRS, I shall have in place and maintain appropriate corporate policies and procedures to ensure the protection of personal information (as that term is defined in PIPEDA), while that personal information is in my possession or custody, in accordance with those corporate policies and procedures. Without limiting the generality of the foregoing: (1) Pursuant to my own obligations under the PIPEDA, I shall ensure that any and all Subcontractors have in place comparable corporate policies and procedures that ensure a comparable level of protection for personal information while in the possession or custody of the Subcontractors, and (2) I agree to collect and use only the personal information necessary to fulfill my obligations herein. Further, I agree that I shall not, by any means or in any format, sell, distribute, disperse, or otherwise publish any such personal information collected, created or handled under the Agreement. Page 4 Realtor/Broker Agreement December 2015

5 I will not sub-contract the requested services to another third party service provider unless I receive written permission to that effect from Brookfield GRS. Subcontracting services to a third party, for the same or lesser fee, may be considered a fraudulent action. The invoice must be submitted for payment by the Supplier providing services as confirmed by the Certificate of Services Received signed by the Transferee. I consent to receive electronic communications from Brookfield GRS which contain information relevant to the Integrated Relocation Program. Service Level Standards REALTOR /BROKER Under the Government of Canada s Integrated Relocation Program (IRP), the REALTOR /BROKER shall provide services in accordance to the direction, terms and conditions outlined by Brookfield Global Relocation Services Government Services Division (BROOKFIELD GRS) as follows: When working with a Transferee in listing their property for Sale: I understand that Transferees are required to actively market their properties in accordance with their employer s relocation policy. The RPMR and 30 day marketing reports serve to support that the Transferee is actively marketing his/her property. The information captured in these reports may be used by Brookfield GRS or the Transferee s employer as substantiation to approve (or deny) certain relocation benefits. Prior to listing the transferee s property for sale, I will inspect the transferee s property and complete a Realtor Pricing and Marketing Strategy Report. Upon completion, I will upload a copy of my report to the transferee s file using Brookfield GRS Supplier Secure website via the Document Management tool I will upload a copy of the original Listing Agreement and any amendments to the Listing Agreement to the transferee s file using Brookfield GRS Supplier Secure website via the Document Management tool I will list the transferee s property on MLS, if MLS is available in the area. I will complete and upload a copy of a 30-Day Market Activity Report to the transferee s file using Brookfield GRS Supplier Secure website via the Document Management tool as well as provide a copy to the transferee every 30 days during the listing period. I will review the report with the transferee and discuss reducing the asking price if necessary. I understand that all forms can be accessed by visiting I will present to the transferee all offers to purchase received and provide guidance and recommendations on negotiations in accordance with agency law. I will charge a fee in accordance with the attached fee schedule established by Brookfield GRS and agreed to by the Government of Canada for service detailed in this Agreement. I agree not to dispute the fee with the transferee. I will assist Brookfield GRS with reports on market conditions when Home Equity Assistance or Home Sale Assistance is required. Upon a successful sale of the transferee's property, I will upload the Sale Agreement, Agreement Amendments and signed Certification of Service Received to Brookfield GRS to the transferee s file using Brookfield GRS Supplier Secure website via the Document Management tool. I will forward instructions and all applicable documents to the lawyer/notary handling the transaction. Page 5 Realtor/Broker Agreement December 2015

6 When working with a Transferee on their Purchase of a property on their house-hunting trip (HHT): I will contact the transferee by telephone before their HHT departure to confirm their housing requirements. I will create and send, within 5 working days of being contacted, a comprehensive Needs and Services Destination Package (NSDP) to the transferee before their HHT. The package must include, but not limited to, the following items relevant to the destination: Housing availability Cost analysis of renting versus purchasing Preparing a home/rent search plan Include current market values for purchase/rent in the vicinity/neighbourhood selected Schools Cultural and recreation activities/facilities Sports Community services Places of Worship Senior facilities I will provide a tour of the new location (e.g. points of interest, shopping, and schools) during the transferee s HHT and examine the listings and areas that meet the transferee s requirements. I will be available every day of the transferee's HHT and give priority to the transferee over any other potential purchaser during their HHT. I will advise Brookfield GRS if I cannot be available for the entire HHT. I agree that no commission will be charged to the transferee under Buyer Agency Agreements. From time to time, REALTOR /BROKER might assist transferees seeking rental properties for fee commensurate with that paid to Rental Search Agencies. In such circumstances, the REALTOR /BROKER will refer to the Rental Search Agent Agreement for terms and conditions. SERVICE-LEVEL STANDARDS I agree to provide service in accordance with the Terms and Conditions for Participation, and will abide by the Service Level Standards as defined. I understand that Brookfield GRS has the authority to remove my name from the TPSP directory if I fail to honour this Agreement in any way or if the service provided to the transferee is unsatisfactory. Page 6 Realtor/Broker Agreement December 2015

7 Advertisement - REALTOR /BROKER Under the Government of Canada s Integrated Relocation Program (IRP), the REALTOR /BROKER shall provide services in accordance with the direction, terms and conditions outlined by Brookfield Global Relocation Services Government Services Division (Brookfield GRS) and is governed by the following advertisement regulations: Brookfield GRS Intellectual Property: No Supplier shall have the right to use the name of Brookfield Global Relocation Services (Brookfield GRS), or any variant of that name, or Brookfield GRS mark, the name of Brookfield GRS client(s), for which services are being provided by the supplier, or any variant of the client s name or mark, or language from which the connection of said name or mark may be inferred or implied, in its advertising or marketing or in any document prepared by it, or on its behalf or at its direction, unless prior written authorization is received from Brookfield GRS or such use is specifically permitted by this Agreement. Crown Intellectual Property No Supplier shall have the right to use the Crown Intellectual Property without the appropriate permissions, as per Canadian Intellectual Property standards and regulations, including those that fall under the Federal Identity Program concerning Crown Intellectual Property ( Page 7 Realtor/Broker Agreement December 2015

8 SECTION C: FEE SCHEDULE - REALTOR /BROKER I agree that the total Real Estate Commission charged will not exceed those established for transferee under the IRP. The Real Estate Commission will be advertised on the MLS Listing and paid in accordance with historical local practices. Brookfield GRS does not monitor the portion of the Real Estate Commission given to the REALTOR /BROKER representing the Purchaser. No additional fee can be charged to the transferee directly. Multiple Listing Services (MLS) Real Estate Commission Fee Schedule Province December 1 st, 2015 November 30 th, 2016 Alberta 3.5% British Columbia 3.5% Manitoba 3.8% New Brunswick 4.4% Newfoundland & Labrador 4.4% Nova Scotia 4.4% Northwest Territories 4.0% Nunavut 4.0% Ontario 4.1% Prince Edward Island 4.4% Québec 4.4% Saskatchewan 3.8% Yukon 4.0% Page 8 Realtor/Broker Agreement December 2015

9 SECTION D: PERFORMANCE MANAGEMENT REALTOR /BROKER Brookfield GRS employees and Brookfield GRS participating third party service providers (TPSP), who deal directly with transferees, and at times with their employer, as well as other suppliers, are in the best position to assess performance from their respective perspectives. The following procedure outlines the manner in which we will resolve performance issues and compile performance data. Resolution Upon initial discovery of a conflict, the Brookfield GRS Advisor will contact the TPSP involved to resolve the issue. Should the conflict not be resolved immediately, a complaint will be lodged, recorded and investigated. In order to keep track of the discussion thread all communication will be done via or fax and the IRP Supplier Centre will keep records up to date. This does not rule out the more personal touch of speaking to someone; however there should be a confirmation, or status update, on record. Escalation If the advisor is un-successful in resolving the issue, he/she will escalate the situation by contacting the IRP Supplier Centre who in turn will resolve the issue with as little impact to the transferee and their employer as possible. When an issue is brought to the IRP Supplier Centre, Brookfield GRS will investigate and decide on the best course of action and will ultimately decide/negotiate a resolution. At any point, the TPSP may be contacted by the IRP Supplier Centre when trying to resolve issues. Performance Failure to correct performance deficiencies can lead to being placed on the TPSP Probation List and/or termination as a participating TPSP. Measurement The following process is in place to determine how performance is measured by Brookfield GRS: High Impact Issues Participating TPSP will be removed from TPSP directory after receiving one (1) confirmed High impact service complaints. Examples of high impact complaints are; Not respecting the fee schedule in place (refusing to refund any extra fee charges) Demonstrating extreme unacceptable and/or unprofessional behaviours towards the transferee and/or Brookfield GRS. Low Impact Issues The TPSP will be placed on the Supplier Probation List for a period of 3 months after receiving 3 confirmed low impact service complaints. Examples of low impact service complaints; Not adhering to the process Not providing the Realtor Pricing and Marketing Strategy Report Not providing the 30-Day Market Activity Report Not returning calls promptly Page 9 Realtor/Broker Agreement December 2015

10 After the period of probation has passed, it is the responsibility of the participating TPSP to contact Brookfield GRS to confirm their willingness to adhere to the required performance levels and their registration status will be re-activated. Note If a participating TPSP consistently receives low impact issues over an extended period of time, TPSP will be removed from the TPSP directory. At any point, the participating TPSP may contact the IRP Supplier Centre when trying to resolve issues, taking into consideration the Brookfield GRS escalation process hereto outlined. The participating TPSP s direct contact for operational issue resolution is: suppliercentre@brookfieldgrs.ca Telephone: Logging of Issues for Performance Measurement Purposes Whereas the above sections speak to operational resolutions, this section specifies logging of issues for performance measurement purposes. Brookfield GRS and participating TPSPs have the right to raise performance issues about the other. All participating TPSP reports are to be sent via to suppliercentre@brookfieldgrs.ca (Please include Brookfield GRS file number, transferee s name and details of issue). A response will be provided for all issues raised by the TPSP within fourteen (14) business days (Brookfield GRS has a separate internal process). I agree and understand the Performance Management process as defined. I understand that Brookfield GRS has the authority to remove my registration from the TPSP directory if I fail to honour this Agreement in any way or if the service provided to the transferee and/or Brookfield GRS employees is unsatisfactory. Removal from TPSP Directory: The following procedure outlines the manner in which a TPSP may request removal from the Brookfield GRS TPSP directory: All removal requests must be sent by to suppliercentre@brookfieldgrs.ca and must include: TPSP's full name TPSP's full company name Reason for removal request Date of effect of removal The TPSP must respect all terms and conditions of this present Agreement until all current transactions are completed. If a supplier, who is no longer registered as a TPSP, is contacted by a transferee for a new upcoming transaction, the supplier must advise this transferee that he/she is no longer a registered participating TPSP for the IRP. Page 10 Realtor/Broker Agreement December 2015