WELCOME AGENT/ASSOCIATE!!!
You are entering into a legally binding agreement.
- Read the entire Agreement before you sign it.
- Be sure you fully understand the commitments you are making under this Agreement and the commitments The LICO Realty Group Real Estate Company is making under this Agreement.
- Be sure you fully understand that this is not an employment agreement.
- Be sure you fully understand that this written Agreement cannot be altered or modified based solely on verbal discussions. Any changes must be made in writing and signed by both parties to the Agreement.
- If you are unwilling or unable to fulfill any of the commitments you are making under this Agreement, DO NOT SIGN this Agreement.
INDEPENDENT CONTRACTOR AGREEMENT
The Company
The LICO Realty Group is a group of real estate professionals specifically created and selected to
work toward the common goal of exceeding our client expectations, while assisting them in achieving their short and long terms real estate goals. Together, the company’s unique talents and energies, can achieve more than any single agent can accomplish.
Within the company, individuals specialize in their area of talent and therefore, their service to the company provides more together than we possibly could as individuals. This synergy allows us to offer a higher level of service and expertise to the clients that we serve. The LICO Realty Group takes pride in providing “white glove” service through a “VIP” experience, in order to create clients for life. This is made possible through the collective efforts of each individual on the company holding up, and exceeding their role outlined in this agreement.
Core Values
Vision
We see the finish line at the beginning of the journey. Every action comes from and supports our core values, and every action lays foundation or builds for the next actions until we reach success.
LICO Realty Group has a vision and a mission that they want to accomplish through every transaction.
We are enthusiastic about the excellence and endeavor to supersede the standards of service, respect, care, fairness and honesty.
We are obligated to lead by example in our ideals, words, and deeds.
We are committed to delivering a signature experience; create “raving LICO Realty Group/ VIP fans for life”.
Leadership
The LICO Realty Group will continue to be a results-oriented company where its members are encouraged to grow and flourish and where they are recognized for their commitment and accomplishments that better the entire organization. Together, the Company will be relentless in our pursuit of excellence and will encourage leadership development and opportunities whenever possible.
Uncompromising Honesty & Integrity
We always endeavor to do the right thing by treating each other, our customers and clients, with nothing but respect, fairness, and honesty. We always look for win-win solutions in all situations and promise to ethically represent our clients, our company, and the Company in all encounters.
Personal Responsibility
As a matter of personal honor, we choose our course based on our belief in a desired outcome, not based on the circumstances at hand. No matter what is occurring in the moment, our determination to maintain the appropriate attitude will determine our eventual success. We see the world with new and clear eyes knowing that our honor and integrity is our highest calling.
Respect for the Individual
We recognize that each person with the LICO Realty Group is a valuable member of the company and integral to the success of the company as a whole. We will foster open communication of company objectives, which we take responsibility to uphold.
Absolute Interdependence
We admire, value, and encourage teamwork. Isolated, individual effort ultimately leads to failure, while teamwork equates to success. We are committed to work together, each part a sum of the whole. All of us contribute to the final outcome and that outcome is successfully achieving our set goals.
Commitment
We are measured by our ability to make and keep our commitments. We make all commitments based on our vision and we state our commitments to each other and our customers to foster accountability.
Accountability
We hold ourselves, and each other, accountable for our company and individual professional goals based on our vision for success. We individually take ownership of all issues and we are dedicated to following them through to a successful resolution. We act as mentors, coaches, peers, and partners to help each other accomplish our goals without judgment or fear of reprisal.
Governing Laws
The laws of the State of Oregon, as well as contract rules, regulations, and any policy or procedures of LICO Realty Group shall govern this agreement.
Expectations
All agents are expected to have a full-time focus on representing clients of The LICO Realty Group, and expressly commit that they will not permit external factors within their control to adversely impact their ability to service clients and customers of the LICO Realty Group.
Agent agrees to conduct his/her business and regulate his/her habits and working hours to maintain and increase the goodwill, business, profits, and reputation of the LICO Realty Group.
Agent agrees that they will make any and all necessary arrangements in advance with another agent on the team to ensure their files, prospects, customers and clients continue to receive uninterrupted service from the LICO Realty Group should the agent choose or need to be “out of the office” for vacation or other personal reasons.
Agent understands and agrees that the technology configuration provided by the LICO Realty Group permits the LICO Realty Group to access all information in the email, phone, fax and database accounts at any time, for any reason.
It is expressly understood that no Agent has the authority to bind, obligate, or commit any member of the LICO Realty Group by any promise or representation, unless specifically authorized to do so.
Confidential Information
Agents will be exposed to information about the LICO Realty Group, its suppliers, clients, and employees. This information is important and proprietary to the LICO Realty Group, and is not to be disclosed to ANYONE. This information is valuable enough that both injunctive and civil enforcement may be used to enforce these policies.
Definition of Confidential Information and Intellectual Property:
- Information about the affairs and activities of the LICO Realty Group.
Information about the business practices of the LICO Realty Group, including but not limited to:
- Business processes
- Developing Plans
- Accounting
- Strategic Alliances
- Information regarding or containing clients, client list, and client requirements.
- Databases and software plans for new products and services, including, but not limited to:
- Logic and process flowcharts
- Diagrammatic representation of functionality and any other aspect of the product and/or service.
- Functional specifications
- Screen layouts and mockups
- Entity-relationship diagrams
- Any other material that describes the ideas, function, operation, outcomes, of any products and services owned and/or currently being developed by the LICO Realty Group
- Information and Intellectual Property (as described above) developed by employees/agents at the direction of the LICO Realty Group.
Confidential Information and Intellectual Property may be:
- Oral, written, electronic or other machine readable form
- Translated from the original, modified, updated
Voicemail
Be sure your professional image is represented in the outgoing message of the phone number you give out for business. Be sure to clearly identify your name, The LICO Realty Group. Also, we recommend that you do not use caller tunes or similar services to play music to callers.
Competitive Clause/Clients Belonging to the Company
It is understood that any and all clients referred to an agent, will always be a LICO Realty Group client.
Conflicts of Interest
During the term of the agent’s affiliation with The LICO Realty Group, the agent shall not, directly or indirectly, own, manage, operate, control, be employed by, participate in or be connected in any manner with any other business, entity, or operation similar to, in competition with, or with interests adverse to the business and operation of The LICO Realty Group, unless given written permission by the Sales Manager. The exception will be personal purchases or investments.
Meetings
Attendance is required at all LICO Realty Group and sales meetings, in office training, and education presentations unless given permission from the Sales Manager. Agents should also make every effort to attend the MLS tours to know the inventory and have affiliations with other agents at least once a month.
Hiring
Agent understands that The LICO Realty Group objective is to continue to build the business of The LICO Realty Group by providing an exceptional level of service to leads, prospects, clients and customers, and that The LICO Realty Group Administration will determine when to add Agents to The LICO Realty Group to ensure the specified service levels are consistently met or exceeded. Agent understands that The LICO Realty Group Leadership may assign leads at their discretion to any agent due to urgency, availability, area of expertise, or any other factors deemed significant by The LICO Realty Group Leadership. Prior to anyone joining The LICO Realty Group, there will be a team meeting with all affiliates of said team to determine if there will be any personality conflicts with the subject new team member.
All Licensed Agents
All licensees will serve as an advocate for their clients by being aware of the current laws, financial trends, and market conditions.
All licensees, as a member of the team, know the Vision statement, understand the Code of Conduct and maintain The LICO Realty Group Core Values.
All licensees will maintain their real estate license in good standing and abide by the Code of Ethics and rules and regulations of the local board of Realtors.
All licensees will continue their continuing education classes and complete the necessary credit hours prior to expiration of their individual license.
All licensees will work with Team Leadership to complete goal setting, weekly accountability and will be solutions based with a positive attitude.
Agent is responsible for on-time payment of the following items to the appropriate sources:
- Local real estate board dues
- MLS Fees
- Continuing education and license renewal costs
- Business attire
- Lockbox and Supra Key Fees
- Car and automotive expenses, including insurance
- Any fee or penalty incurred by the individual, licensed or unlicensed staff, for an Agent error or oversight from the MLS.
- Agent specific riders utilized on Agent Procured Listings
- In case of lawsuit, agent is in charge of their own E&O Policy Fee
- Business Cards
- Riders for the signs after your first closed transaction.
- Individual Advertising as approved by The LICO Realty Group Administration.
- OREF yearly forms fee.
- Sign Installation/Removal. Before any sign is installed, agents must call 811 dig.
The following expenses will be paid by The LICO Realty Group:
- Team Advertising/Promotional Items at approval of The LICO Realty Group Administration
- Postage as it relates to clients and contracts, as deemed by LICO Realty Group
- Administration program for transaction from beginning to close, ie. Dotloop/Zipforms.
- Team Signs.
- CRM.
- Name Tags.
Team Members Sphere of Influence
Upon joining The LICO Realty Group, Team Members will have access to upload their contacts to the LICO Realty Group’s CRM program. For each contact, you will need to have a full name, phone number and email address or physical address. Team Members can provide in a digital format (.csv or.xls file), information will be uploaded to the teams CRM program and will receive marketing materials from The LICO Realty Group on behalf of the Team Member. Should a team separation occur, these are the only contacts or information, which will be released to the Team Member.
Team members are allowed to take clients from their personal sphere if he/she inputs clients as personal clients not generated from The LICO Realty Group during time with The LICO Realty Group.
Distribution of Leads
All leads acquired by LICO Realty Group and distributed will be distributed at the discretion of The LICO Realty Group Administration and said leads that are distributed to agents remain the property of The LICO Realty Group in the event that agent leaves the company.
All leads will be handled according to The LICO Realty Group New Agent Training, using the appropriate scripts and dialogue, and provide feedback and tracking to The LICO Realty Group regarding results.
Agent Job Description
Although you are an independent contractor and you are your own boss, as part of the LICO Realty Group, you will be expected to build your business and LICO Realty Group will give you as much assistance as needed.
- Attend team meetings as scheduled by Brandy Stevens and/or Kerri Jo Talburt.
- Attend 1 on 1 Accountability Meetings requested by Brandy Stevens and/or Kerri Jo Talburt
- Respond to all leads w/in 5 minutes, and update in the system daily.
- Hold Open Houses and Door Knock if you like.
- Contact past customers on a quarterly basis as minimum.
- Utilize contact management system to keep notes on assigned leads, set activities to remind of calls and leads.
- Call all other leads immediately or within 2 hours of receipt for The LICO Realty Group.
(Email is not an acceptable means of first contact unless the phone doesn’t work or you can’t
get a hold of them). - Ask for referrals and testimonials with every client.
- Utilize and recommend The LICO Realty Group preferred vendors.
- Agent must get approval from the LICO Realty Group Administrative Team to reduce commission or pay any concessions during a transaction in any circumstances.
- Attend education training provided by the team.
- Maintain an active real estate license with LICO Realty Group as required in the State of Oregon.
- List properties for sale under the LICO Realty Group brand.
- Promptly upload/add all listing contracts, purchase contracts, leases, referrals and any other transaction documentation into the transaction management system within two business days of execution date.
- Represent buyers in the purchase of real property.
- Represent landlords and tenants in the leasing of property.
- The solicitation and marketing necessary to generate new listings or generate new buyers.
- Such other services pertaining to the real estate business of the Company.
- Adhere to the rules of conduct as laid out by the State of Oregon Department of Licensing, MLS Rules, Federal and State, Fair Housing, National Association of REALTORS Code of Ethics, and the Association of REALTORS to which the agent belongs.
- Abide by the Unauthorized Real Estate Activities in section of the Policies and Procedures manual.
- Notify the Company in writing and the State Department of Licensing, as required, within 10days of a criminal conviction, an adverse judgment or disciplinary action against the agent.
Agent agrees that any and all listings of real estate or any interest therein and all other real estate related service contracts approved by the Company, including but not limited to those pertaining to the purchase, sale or rental of real estate or any interest therein or services in relation thereto, shall be taken in the name of the Company and its principal broker in the state, as applicable under state law and regulation. Agent shall ensure that all fees, commissions or other compensation earned by Agent in connection with the sale, lease or rental of real estate and any interest therein or service in relation thereto are made payable to the Company.
Agent understands that the agent will rely on the accuracy, completeness and competence of Independent Agent's services performed under this Agreement in fulfilling the agent's contractual commitments to the public. Agent shall strive at all times to perform in a manner that will increase the goodwill, reputation and business of the agent, and Agent shall do nothing which would serve to disturb, discredit or devalue the agent or agent's goodwill, reputation and/or business.
Technology
Smartphones with access to team email are required due to the high demand of instant access to information and email.
Taxes
Team Members are fully responsible for paying their own taxes.
Fees (Covered and Not Covered)
If Team Member desires to do additional marketing, it is at Team Member's own expense. Furthermore, Team Members cannot bind the team, any individual member of the team or owners by his/her unilateral actions in incurring expenses and making decisions as they are related to the duties of a real estate professional. LICO Realty Group Administrative Team will be available to discuss options with Agents. LICO Realty Group Administrative Team is obligated to be available as a resource and for accountability of the agent in setting and achieving goals.
Marketing
Agents are encouraged to develop and implement marketing activities to generate prospects to add to their active pipeline. All marketing materials (electronic, printed, voice) are to be reviewed and discussed with The LICO Realty Group Leaders prior to being forwarded to the agent for approval.
Marketing materials must include all “required information” stipulated by The LICO Realty Group.
Marketing materials should not give the impression through logos, slogans, verbiage or any other content that Agent is separate from The LICO Realty Group. This will apply only when logos are available for input. Logos will be distributed by The LICO Realty Group to maintain consistency in marketing.
Real Estate Purchase Contracts or Listings
Agents are expected to submit all executed and legible contract documents within 3 days of execution via email to Brandy Stevens or Kerri Jo Talburt for review. All accepted contracts will be monitored by The LICO Realty Group Leadership and transaction coordinator, in the event the closing date or any other terms to the contract change, please update dotloop.
Showing Assistant
The duties of a Showing Assistant may include the following: Setting up showings for buyers, researching offers with listing agents, communicating back to Lead Agent buyers offer request status & showing day update via Email (Unless text is preferred method), unlock for inspections, and final walk thru. Compensation is 25% of Commission at close of escrow, not to exceed $2,000.
Separation from the Company
Agent agrees that following separation of Agent’s affiliation with the company, the Agent shall not solicit any customers, prospects, or clients of The LICO Realty Group.
Agents may terminate this agreement by providing delivery of a written notice of intent to terminate Agreement with no less than a 30 calendar day notice. If the Agent fulfills this obligation, the compensations spelled out in this agreement will be paid to the agent for any pending to close transactions. If an agent fails to provide written notice of separation or fails to follow up and finalize any transactions in escrow, the agent forfeits any compensation/income that is pending to be paid by The LICO Realty Group.
Upon the departure of an agent who is remaining in the real estate brokerage business (“Departing Agent”), it is the policy of LICO Realty Group that agent must request their database in writing to support at team@teamlico.com (“Export Request”) provided the Export Request is received within a 30 day period after written notice is received by the The LICO Realty Group Administration.
Upon the termination of the association, the agent leaving LICO Realty Group will give the Managing Principal Broker and/or administration of LICO Realty Group a list of transactions that are under contract at the time of the agent’s termination. At the time of closing of the transactions the agent will receive all of the normal commission he/she would have received if he/she were still associated with LICO Realty Group, provided the associate manages the transaction through to closing.
If the Departing Agent does not provide an Export Request as set forth herein during the 30 day Period, then the Departing Agent’s Leads are subject to forfeiture and deletion.
While Oregon law establishes that listings are legally the property of the brokerage, in maintaining the culture of LICO Realty Group we will discuss with the departing agent as to whether or not it is in the best interest of the client, for listings that are not under contract.
Termination of association with LICO Realty Group is defined as the termination of the Principal Broker/Associate relationship.
Acceptance of Terms for The LICO Realty Group
By signing this agreement, in the absence of other written agreements, the Agent agrees that The LICO Realty Group leads, prospects, client and customer lists, business processes and practices, manuals, referral rosters, and other business items furnished by The LICO Realty Group are the property of The LICO Realty Group and will not be disclosed or used in another business. You continue to be bound by these conditions unless released in writing by The LICO Realty Group.
The Agreement entered into with full knowledge and acceptance of all terms and understanding that this agreement may be terminated with or without cause, and without prior notice.
By my signature, I agree with this contract in spirit and practice. My signature is a “good faith” confirmation of my support and willingness to forward the good of the clients and customers and The LICO Realty Group above my own.
Commission Splits
Our goal is to be the most professional and successful real estate company in Central Oregon.. To do this, we must attract and retain the most professional people in real estate. The first way to do this is to offer the best compensation plan.
1. Anniversary Date/Fiscal Year. When an agent joins a LICO Realty Group, his/her anniversary date, for purposes of calculating his/her eligibility for 100 percent commission, is the first day of the month following the date he/she joins the LICO Realty Group. It uses this date as the anniversary date to mark the beginning of the agent’s fiscal year. For example, if an agent joins March 10, his/her Anniversary Date would be April 1. The agent will have an additional 22 days (March 10-31) in his/her first fiscal year in which he/she could become eligible to receive 100 percent commission. If the agent has a closing in the month he/she joins, the agent’s company dollar Anniversary Date can be the first day of his/her enrollment month.
2. Commission Split. The agent is paid a standard commission split of 90% until the company’s portion of the closed commissions generated by that agent has reached $10,000, the Company Dollar Cap, during the agent fiscal year.
3. The agent then advances to 100 percent commission on all transactions closed and funded for the balance of the agent's fiscal year.
4. All income received through an agent’s real-estate business including referral fees (except personal transactions) is included in the commissions calculated at this split.
5. New Agent/Production-Level Commission Plans. LICO Realty Group may determine production-level commission plans for newly licensed or inexperienced agents at particular levels of production.
6. LICO Realty Group’s Company Dollar Cap shall be reviewed regularly and adjusted to reflect the current local economic and market conditions, subject to approval by LICO Realty Group.
7. When the agent’s closed production nears the 100 percent level, LICO Realty Group will subsequently calculate the commission when the agent reaches the 100 percent level.
8. An agent reverts back to his/her standard commission split on the Anniversary Date of his/her fiscal year.
9. All funding checks dated prior to that date, and delivered to LICO Realty Group within one business day of the Anniversary Date, will be disbursed at 100 percent.
10. All funding checks with a date later than the Anniversary Date will not be disbursed at the 100 percent level.
11. To be considered an agent in good standing (“Good Standing”), Agent must be current in all financial obligations, including all fees, to the Company. In addition, all required licenses, local, state and national dues and subscriptions which are required to conduct real estate business in Agent’s state(s) must be current and in effect.
Monthly Fees
Each agent will pay monthly $45.00 to cover the MLS Fees to COAR and a $30.00 tech fee which will be billed at the end of each month.
Administrative Fee for Capped Agent
When an agent reaches his/her cap for the year, an Administrative fee of $250.00 shall be charged for each additional transaction.
Complaints/Disputes Involving Other Agents
Agent’s who have complaints/disputes against others should immediately direct them to their LICO Realty Group Administration, preferably in writing.
These should never be discussed with other agents or clients.
Conduct
Alcohol Consumption Policy. We believe that it is unwise to consume alcohol when working. Therefore, it is a guideline of our company that no member of the organization should come to their office or conduct business to any extent while under the influence of alcohol.
Conduct at the Market Center. Everyone is to be well-behaved and professional at the office at all times. This is an office where professional business is being conducted and you should expect a business-like attitude to be taken. We want everyone to have respect for each other in their daily personal dealings. There should be no vulgar language, cursing or yelling.
Cooperation with Other Agents. Please be very cooperative with other REALTORS for they hold the key to a great deal of information. With their help, you can become very successful. We cooperate and live by the spirit of cooperation with all other REALTORS and agents. We do not, by any means, want to be arrogant and feel like we can do the job by ourselves. We solicit the cooperation of other REALTORS at all times for the benefit of our clients. It is our policy to share information with other companies and follow a practice of total cooperation. This, of course, does not mean the giving of confidential information, or any matters of that nature, but does involve information concerning properties that are available to all REALTORS who are interested in dealing with our company in an open, above-board manner.
Contracts Presentation to the Seller
Each contract should be presented to the seller in person whenever possible.
Contract presentations are to be made in a professional manner and are to be discussed with the owner realizing that many items other than money go into a contract offer. For example, date of possession or a myriad of other possibilities could be the determining factor in the seller deciding how they want to respond. These are things that should be discussed and must be considered at each contract presentation.
The seller must be given every opportunity to accept, reject or counter any written offer.
Dress Policy
It is important that everyone who agents with and represents LICO Realty Group do so in a professional manner. Agents should conduct themselves properly in public, keep their car clean, drive courteously and maintain a well-groomed appearance.
Appearance is the single most important impression factor you have. It is important to be well-groomed from a well-kept hairstyle down to one’s shoes. We are professionals; your manner and appearance should reflect this at all times.
Errors and Omissions (E&O)
LICO Realty Group will keep an Errors and Omissions policy in full force and effect at all times. The E&O premium is determined by the E&O provider. LICO Realty Group has opted to include the cost of the premiums in each agent’sCompany Dollar Cap. In the event an agent doesn’t close any transactions throughout the year, the agent will need to reimburse LICO Realty Group the E&O Agent Fee. This policy shall be evaluated annually by LICO Realty Group.
The E&O policy would typically cover such claims, however, the Agent agrees to defend, indemnify and hold Company harmless against all claims that may arise in connection with an agent practicing real estate. In the event an agent is served with a lawsuit, a demand or a threat of a lawsuit, or a complaint before the Department of Real Estate or any REALTOR Association, Agent shall notify the LICO Realty Group immediately. Agent agrees to actively assist the Company, the agent and the insurance company in defending such claim or complaint until it is resolved.
Company shall provide the Agent a copy of said insurance coverage upon request.
Escrow Deposits
Time is of the essence when depositing earnest money/escrow checks.
Earnest money checks should never be held beyond the time allowed for in the contract.
Earnest money checks should be immediately turned over to the title company for deposit.
Legal Fee Policy
Legal Fees will be split between the company and the agent according to the way the commission split was or would have been on the transaction.
LISTINGS
Agreements, Compliance Forms, Insurance Forms
Agent will submit any documents necessary for the Company to keep the agent in compliance with all local, state and federal laws as well as Company Policies and Procedures.
The Company will share all materials with the Agent that the Company has relating to the Agent’s independent agent relationship with the Company in an agent file.
The Company reserves the right to assess penalties, financial and otherwise, in accordance with the Company Policies and Procedures, against Agent’s who fail or refuse to provide completed documentation as required by the Company or by any state, federal or local law in order to achieve and maintain compliance.
Agency Relations
Agent acknowledges that all agency relationships entered agent owes a duty of reasonable care to all parties in the transaction. During the period of this Agreement, agents shall diligently represent LICO REALTY GROUP with all the reasonable skill and care expected of a licensed real estate professional.
Contact with Sellers
You should contact the seller of each of your listings at least once a week. This will keep the sellers abreast of all the market activity and any activity on their house. One out of every four contacts should preferably be in person. This must be one of our strongest areas; never leave our sellers stranded. Our reputation is built on this guideline.
Listing/Sales Records
There is a real necessity for complete records to be kept and recorded so that records of transactions being participated in by the company and the company’s agent will be available. This is also required by state law. These records are the only protection you and LICO Realty Group have in the event of a lawsuit, so submitting any and all relevant records is important.
All records that have to do with listings, leases, and sales that have even one single signature on them must be submitted through the Market Center’s current software program provided for document submission. Theagent will comply with any requests for corrections and/or additional documents presented by the Managing Principal Broker. Failure to do so may result in the delay of payment of commissions to the agent.
Changes on Listings
It is the agent’s responsibility to make note of all changes on his/her listings and submit said changes through the LICO Realty Group’s current software program. If the agent desires staff to also make the changes in the MLS system the agent must share the change document with staff and notify them of this request via the software program. If the change is of a material nature the listing agent should have written authorization from the seller and submit said authorization through the software program. Any fines imposed by the MLS for missing or incorrect information are the responsibility of the agent.
Listing Forms
LICO Realty Group strongly encourages agents to engage the services of staff for submission to MLS. If an agent wishes to have access for themselves or their assistant to input their own listings and/or make changes to their listings in MLS they must comply with current MLS rules including attending any required classes. If the agent elects to enter the listing themselves, at a minimum the following completed and signed documents must be submitted through LICO Realty Group’s document submission program before the agent enters it into the MLS:
- MLSCO Listing Contract
- Property Features Form
- Property Disclosure
- Disclosed Limited Agency for Sellers
- CMA
- List kit from title company
Failure to submit these documents prior to inputting a listing into MLS may result in termination of the agent’s access to input their own listings.
Listing Commissions
LICO Realty Group believes that the real estate services provided by agent’s have immense value to the consumer. Therefore, LICO Realty Group encourages agents to charge an adequate commission when entering into a contract to list property with a seller. The standard commission charged by LICO Realty Group agents is 6% of the sales price. Agent’s may elect:under certain circumstances (repeat clients, etc.) to reduce the commission they charge their seller. In such instances, the agent may reduce the total commission charged to no less than 5% of the sales price without prior approval from the administration of LICO Realty Group. It is not in the company’s or the agent’s best interest to reduce the commission further, so exceptions to the 5% rule will be allowed only under extenuating circumstances.
Failure by the agent to abide by this policy will result in any discount below the 5% minimum being deducted entirely from the agent’s commission check at closing.
Negotiating Commissions
In extreme cases where the seller or buyer cannot complete a transaction without the give and take of all the parties, you may need to negotiate a commission. Commission negotiations should involve you and your administration, if possible. Try not to make a snap decision on any commission negotiation request; time buys a position of strength in each negotiation. The decision is ultimately yours.
Personal Real Estate (Buying, and Selling)
Purchasing or selling real estate (your personal residence or investment properties) is one of the greatest advantages you have as a real estate professional, and it is our goal to preserve this advantage.
To comply with state law, all documents generated in personal transactions for property located anywhere in the state of Oregon must be submitted to the Managing Principal Broker for review, approval and storage.
To protect the integrity of LICO Realty Group and all agents, agents who intend to market for sale personal property located within the State of Oregon must formally list the property for sale and submit the property to MLSCO for distribution to other agents. No FSBO marketing of personal property by agents is permitted.
The agent is not required to pay LICO Realty Group a real estate commission on the portion of the transaction that involves the agent as an owner.
1. This provision applies to those properties that are considered personal residences and is limited to two sides per year.
2. For each personal purchase or sale beyond the first two per year or where the transaction is for investment property and not a personal residence, LICO Realty Group charges a $250 administrative fee.
3. The agent is required to pay a real estate commission on the side of the transaction that involves another agent. If the agent is on both sides of the transaction (which is discouraged by LICO Realty Group) the agent will pay LICO Realty their current commission split on the side of the transaction in which they are not involved as an owner.
4. All paperwork must be submitted per LICO Realty Group’s policy through LICO Realty Group’s document submission program.
Phone Policy
All phone calls should be returned as soon as possible.
Referral Procedures
Outside Referrals
Use a Realtor that you are comfortable in working with and ask for a 30% referral fee 25% is the minimum.
Inside Referrals
If the agent is provided a lead that closes from an agent within the company, the agent agrees to pay 25% from their commission as a referral fee for an agent procuring the lead. Agents must be procuring cause of sale.
If the agent is provided a lead that closes from management, the agent agrees to pay 50% from their commission as a referral fee for an agent procuring the lead. Agents must be procuring cause of sale.
Seller’s Net Statement
Every seller you make a presentation to, and/or whose property you list, should be given a copy of a Seller’s Net Statement/Proceeds Statement. Also, a revised Seller’s Statement should be included when a contract is presented. These Statements could be used to protect LICO Realty Group and the agent if any problems arise. Be sure you document delivery to the seller and that they understand the figures are just estimates.
Square Footage
Square footage should never be measured by any agent, nor should the seller be relied on to provide square footage as this creates liability for the agent and LICO Realty Group. The agent should rely on a commonly used source, such as the assessor’s office or blueprints, in representing the square footage of a home. In cases where the seller is adamant about square footage being more than other sources disclose, the seller must hire a professional to measure the home before that representation can be relied upon.
Supplies
All company supplies, including signs, forms, lockboxes, etc., unless specifically excluded, are provided by the company and must be returned within 30 days of the listing being sold, terminated, withdrawn or expired.
Time Off – Agent
- Notify the LICO Realty Group administration when taking time off
- Have another agent who is knowledgeable regarding your transactions be available to handle your business.
Unpaid Bills
LICO Realty Group is not in the lending business. Therefore, any outstanding bill is due and payable within 10 days from the date the agent receives the bill.
If LICO Realty Group has not received the payment within the first 10 days there will be a late charge of $50.00 or 5% of the outstanding balance, whichever is more. Failure to pay any outstanding balance within 60 days of receipt of the first outstanding bill may result in termination of the agent.
This is a very important policy and should not be taken lightly. It is simply not wise or a fair business practice to adopt any other policy.
Verification of Auto Insurance
When an agent has an automobile accident this can create liability for LICO Realty Group and other agents. Therefore, for the protection of LICO Realty Group and other agents, all agents are required to add LICO Realty Group to their auto policies as an additional insured. The agent’s insurance will be available for review by the LICO Realty Group administration upon request copies of the additional insured certificates.
Policies and Procedures
Agent acknowledges Agent has read, asked any questions (of management of LICO Realty Group) and fully understands the Agent’s Policies and Procedures. Certain portions of this Agreement may be modified from time to time by the Company in its sole discretion. Company will provide a minimum of seven days notice of any material revision for review by the agent. For material changes, after the seven day review period has elapsed, unless the agent has rejected in writing the agent is deemed to have accepted all revisions. Policies and Procedures manuals shall be updated in May and November yearly. However, from time to time as necessary, Policies and Procedures manuals may be updated and communications sent to the agent. It is the Agent’s responsibility to remain informed of the most current version of the Company’s Policies and Procedures.
Agent agrees to abide by the Company’s Policies and Procedures. In the event of any direct conflict between any of the Company’s Policies and Procedures and the terms and provisions of this agreement the terms and provisions of this agent agreement shall control.
By signing below, Agent acknowledges having read the Company’s Policies and Procedures and certifies Agent’s compliance effective as of the date hereof.
Trade Name
“LICO Realty Group” is the company. Part of creating and maintaining brand equity is protecting the brand. Agent agrees not to use LICO Realty Group in any domain name, email address, Twitter ID, Facebook Group or any social or business context outside of those methods expressly permitted by the company.
Compliance With Law and GoodBusiness Practices
Agents shall abide by all applicable laws, ordinances and regulations, including, without limitation, local, state and federal laws and regulations relating to real estate transactions and real estate service businesses. Agents shall also abide by the rules of the ethical conduct established by the National Association of REALTORS.
Indemnification and Hold Harmless
Agent hereby agrees to indemnify and hold harmless the Company, its owners, officers, affiliates, subsidiaries, agents or representatives from any and all claims by the agent, which may arise out of and in the course of the performance of his/her duties hereunder. Additionally, agent acknowledges that if the agent is subject to any non-compete agreement or covenant from a previous brokerage that agent will not violate that covenant or agreement or put the Company at risk of liability by violating it. Agent shall indemnify, defend and hold LICO REALTY GROUP harmless.
Addendum to LICO Realty Group P&G Manual Policies for Teams
LICO Realty Group encourages agents who have more leads than they are able to handle to work together with administrative assistants and/or other agents to create a team, which will help to increase their business by leveraging their time. It is not, however, permissible to team up with another agent simply for the purpose of avoiding paying the full company cap as this is not in keeping with the KWRI Win-Win belief system. To qualify as a team, team members must either be related (family) or must share commissions between two or more team members on a minimum of 80% of all team member’s closings.
The first team member (Lead Agent) pays a full cap to the company. All other team members pay a half cap. An Application for Reduced Cap Team Member form must be submitted to the Team Leader and approved before the agents will be considered a team. There is a six month waiting period for two existing LICO Realty Group agents who decide to team up before this discount takes effect.
Any compensation for licensed activity must be paid through LICO Realty Group, not directly between team members.
Team members must have a contract signed between them before joining the team and before being recognized as a team by LICO Realty Group. This contract must be approved by the LICO Realty Group administration
Husband and wife teams pay only one full cap.
Compensation for any administrative assistants shall be in the form of payroll with deductions for FICA, Worker’s Compensation, etc. The company does not employ assistants and it is the responsibility of the team to assure that its assistants are covered in case of accident or injury in the office. Records of monthly pay and contracts for assistance shall be available to the LICO Realty Group upon request. Teams shall pay the company the then current fee for each administrative assistant, licensed or not, to cover miscellaneous expenses such as company gatherings, coffee, etc.
Covenant of Cooperation
In the event of any dispute, complaint or claim concerning a transaction involving agent either directly or indirectly, agent agrees to cooperate fully in providing documents, testimony and other items that may be needed to respond to and defend a complaint. This covenant shall survive termination, whether voluntary and involuntary, and is without time limitations. Remedies for the failure to comply with this provision could include the agent seeking full restitution for defense cost and/or adverse judgment against the Company or agent as a result of the non-compliance in a tribunal of the agent's choice. In addition, the claims will have risen from a breach of contract and therefore the agent will be entitled to recover reasonable attorney’s fees.
Do Not Call Registry
Agent has reviewed and will comply with the rules of the National Do Not Call Registry found at https://www.donotcall.gov/default.aspx.
Written Contract as Constituting Entire Agreement
This Agreement, along with any and all Addenda, exhibits, attachments and Company Policies and Procedures identified in this Agreement, constitute the entire Agreement between the parties and are hereby expressly and specifically incorporated herein by reference in their entirety as if fully set forth in this Agreement. There are no verbal understandings or other agreements of any nature with respect to the subject matter hereof except those contained in this Agreement as set forth above.
Contract Revisions/Modifications
Certain portions of this agreement may be modified from time to time by the Company at its sole discretion. The Company will communicate changes via electronic mail or on the teamLICO agent facebook page. Agent shall have seven days from notice to review changes and seek clarification. At the completion of the seven days, the changes will be deemed accepted.
It is the Agent’s responsibility to remain informed of the most current version of the Company’s Policies and Procedures.
Notice
Delivery of all notices and documentation shall be in writing and deemed delivered and received when: (i) sent via electronic mail to the email address on file with the Company and BINDING the EFFECT
This Agreement shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto.
MANDATORY BINDING ARBITRATION AND DISPUTE RESOLUTION
A. Mediation in Advance of Arbitration
- The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, a private alternative dispute resolution provider, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in paragraph 5 below.
- Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
- The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
- Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”).
The mediation may continue after the commencement of arbitration if the parties so desire.
- At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of paragraph 3 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
- Binding Final Arbitration; Appeal. The parties to this Agreement agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, not resolved pursuant to paragraphs A, 1 through 7 above, shall be determined by arbitration in the state that issued the Agent’s real estate license, and if Agent is licensed in more than one state then the state in which the transaction that is the subject of the dispute closed in, before three arbitrator(s). The arbitration shall be administered by JAMS pursuant to and in accordance with the expedited procedures in those rules or pursuant to JAMS’ Streamlined Arbitration Rules & Procedures and which can be found at www.jamsadr.com. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Of the three arbitrators, the Chair must previously have served as Chair or sole arbitrator in at least 10 arbitrations where an award was rendered following a hearing on the merits and one of the wing arbitrators must be an expert in the area of residential real estate brokerage transactions. The aggrieved party must file and give written notice of any claim to the other party no later than the expiration of the statute of limitations (filing deadline) that the law imposes for the claim. Otherwise, the claim shall be null and void and deemed waived. The arbitrators shall apply the substantive law (and the law of remedies, if applicable) of the applicable state, or federal law, or both, as applicable to the claim(s) asserted. In the event of a dispute, the arbitrators shall decide which substantive laws shall apply. The arbitrators are authorized to award any remedy allowed by applicable law. The arbitrators shall issue a written and signed statement of the basis of their decision, includings findings of fact and conclusions of law. Each party, therefore, acknowledges that it is waiving any right to a trial by jury.
- This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State in which the Agent is licensed as a real estate agent and if Agent is licensed in multiple states, then the laws of the state in which the transaction that was the basis of the dispute was located. Notwithstanding the provision in the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
- The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.
- Damages and Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this
Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
● Class Action Waiver
- Company and Agent agree that any and all claims pursued against each other will be
on an individual basis, and not on behalf of or as a part of any purported class, collective, representative, or consolidated action. Both Company and Agent waive their right to comment, become a party to or remain a participant in any group, representative, class collective or hybrid class collective or group action in any court, arbitration proceeding, or any other forum, against the other. The parties agree that any claim by or against Company or Agent shall be heard in arbitration without joinder of parties or consolidation of such claim with any other person or entity’s claim, except as otherwise agreed to in writing by Company and Agent. This class action waiver shall supersede any contrary agreements, statements or rules in the JAMS rules. - The waiver of class action claims and proceedings is an essential and material term of this arbitration agreement in this section, and the parties agree that if it is determined that the waiver in this section is prohibited or invalid in its entirety in a case in which a class action, representative action or similar allegations have been made, then the remainder of this section shall also be void. If however, some, but not all, of the waivers are found to be unenforceable for any reason in a case in which class action, representative action or similar allegations have been made, the Agent’s individual claims shall be decided in arbitration. Any class action, representative action or similar action as to which the class action waiver in the paragraph is found to be unenforceable shall be decided in court and not in arbitration.
Fees and Costs to Prevailing Party. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator(s) may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
- Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Attorney Fees
In the event of any legal or equitable action, including any appeals, which may arise hereunder between or among the parties hereto, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. Attorneys fees shall also include hourly charges for paralegals, law clerks and other staff members operating under the supervision of an attorney.
Severability
The invalidity or unenforceability of any portion of this Agreement shall not affect the remaining provisions and portions thereof.
Headings
The paragraph headings contained herein are for convenience of reference only and are not to be used in the construction or interpretation hereof.
Interpretation
Any ambiguities in this Agreement will not be strictly construed against the drafter of the language concerned, but will be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting.
Agent Understands Arbitration & Waiver Agreements
Agent represents and acknowledges that he/she understands the meaning and effect of the arbitration waiver and agreements in this Agreement and has been provided a reasonable time and opportunity to consult with his/her own legal counsel regarding the same.
New Agents (1 year with Real Estate License)
When an agent procures a listing during their 1st year from obtaining their real estate license, the agent shall be listed as the primary listing agent and Brandy Stevens or Kerri Jo Talburt shall be listed as a CO-listing agent (CLA). Agents should request that the notes section (Confidential Agent Remarks) of a listing refers all calls and emails to CLA and provide contact information.
Any modifications to this agreement must be in writing and signed by both the Agent and Leadership.
This agreement is effective as of the date of the Agent’s signature and shall remain in effect until its termination according to the TERMINATION section of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as follows: